The proposed amendments would provide the Minister of Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC) officers with the authority to require documents from third parties to verify employer compliance, reduce timelines for an employer to respond to notices of preliminary findings, and create new requirements for Labour Market Impact Assessments (LMIAs). In addition, the proposed amendments would expand the definition of “abuse” to include reprisal against a temporary foreign worker and prohibit employers from charging or recovering recruitment fees. The proposal would also mandate that employers in the TFWP obtain and pay for private health insurance that covers the fees of emergency medical care for their workers, if the worker is not already covered. This includes requirements for an employer to provide the most recent information to workers about their rights in Canada, have a signed employment agreement with their workers, and provide access to health care services when the worker is injured or becomes ill at the workplace. The proposed amendments to the Immigration and Refugee Protection Regulations would enhance the protection of temporary foreign workers by setting new employer requirements and conditions and improving the ability to hold employers accountable for non-compliance. While the Government of Canada has made progress in enhancing protections for temporary foreign workers through the employer compliance regimes found in the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), consultations and inspections have found that there remain gaps in worker protection.ĭescription: The TFWP and the IMP set the requirements and conditions for Canadian employers to hire temporary foreign workers. Issues: While temporary foreign workers have the same workplace protections and rights as Canadians and permanent residents under applicable federal, provincial and territorial legislation, there are several factors, such as their temporary status and their limited access to information on their rights, that can make them more vulnerable to potential exploitation and abuse.
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