Effective September 26, employers who employ foreign workers in Canada will have additional obligations to meet.
Note that though the new regulations relate generally to foreign workers and those that employ them, the specific requirements are dependent on whether the foreign worker is working in Canada through one of the two types of work permit programs, namely:
- The ‘Temporary Foreign Worker Program’ (“TFWP” – essentially, work permits which required an LMIA), or
- The ‘International Mobility Program’ (“IMP” – essentially, work permits which are secured without an LMIA).
There are numerous new requirements, some that are more pro-active, and some that are more compliance-based.
Among the new ‘pro-active’ obligations are the following:
| Consideration: | Program: | Requirement: | Notes: |
|
Information re Rights in Canada |
IMP, TFWP | Employers must provide workers with information about their rights in Canada (in English or French, as the worker chooses) |
A source for this information can be found at https://www.canada.ca/en/employment-social-development/campaigns/foreign-worker-rights.html, and further links that are found there. |
| Provision of Employment Agreement
|
TFWP | Employer must provide employees with a signed copy of their employment agreement on or before the first day of work. | In English or French, as applicable, and consistent with the occupational duties, wages, and working conditions as set out in the approved offer. |
| Provision of Employment Agreement
|
IMP | Employers must attest through their Employer Portal that they have provided the foreign worker with a copy of their employment agreement. | In English or French, as applicable, and consistent with the occupational duties, wages, and working conditions as set out in the offer of employment. |
| Health Coverage | TFWP | Employer must secure health insurance for any period where a foreign worker is not covered by a provincial health plan. |
With regard to some of the more compliance-based requirements, note the following:
- For employers who have not utilized the TFWP in the prior six years, ESDC will consider whether in the prior two years the employer has made reasonable efforts to maintain an abuse-free environment
- ESDC and IRCC will now have the authority (subject to Privacy Act considerations), to seek information from third parties to confirm compliance (e.g. payroll companies)
- Employers must confirm (based on, and in a manner applicable to, the relevant program) that they are not recovering, directly or indirectly, from a foreign worker, any fees related to recruitment, LMIA processing, or compliance.
There are certainly more details to these new regulations which are too extensive to expand on in this article, but employers should seek appropriate counsel to ensure that they are compliant with these consequential new regulations, failing which, there may be penalties and/or the inability to hire foreign workers.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.