The province of British Columbia (B.C.) has introduced measures that require employers who intend to hire foreign workers to register with the provincial government. Under the ‘Temporary Foreign Worker Protection Act’, employers must be registered to hire foreign workers, and the provincial government will be able to monitor employers’ compliance with all legal obligations – and sanction non-compliance. There are further requirements for recruitment agencies. Registrations are valid for three years..
However, there are significant exemptions to the registration requirement. These include:
- Employers who already have foreign workers but don’t plan to hire more,
- Employers hiring foreign workers under the B.C. Provincial Nominee Program (B.C. PNP),
and most notably,
- ‘Excluded Employers’. Excluded Employers are employers who hire foreign workers under:
- Work Permit exemptions found in s. 186 of the Immigration and Refugee Protection Regulations
- For example, clergy, certain entertainers and athletes, certain journalists, etc.
- Any non-LMIA work permit category
- For example, intra-company transferees, CUSMA professionals, etc.
- Work Permit exemptions found in s. 186 of the Immigration and Refugee Protection Regulations
The remaining pool of employers who need to register to hire foreign workers would include:
- Those hiring foreign workers under the Temporary Foreign Worker Program – that is, for positions requiring Labour Market Impact Assessments (LMIAs)
- Those hiring foreign workers under the Seasonal Agriculture Worker Program
- Those hiring foreign workers as Home Child Care or Home Support workers.
Employers in B.C. should of course consider these issues when seeking to hire foreign workers. Certainly, other provinces also have or may implement measures impacting the hiring of foreign workers, and employers in each province should be aware of their provincial guidelines.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.