Canada Issues New Regulations to Protect Temporary Foreign Workers

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Aarushi Jain
Updated on Oct 17, 2022 12:31 PM IST

Canada strengthens safeguards for Temporary Foreign Workers (TFWs) working in Canada. The programme's amendments aim to safeguard workers' rights and promote workplace safety.

Canada Issues New Regulations to Protect Temporary Foreign Workers

The Employment and Social Development Canada (ESDC), in collaboration with Immigration, Refugees, and Citizenship Canada (IRCC), has announced changes to the Immigration and Refugee Protection Regulations pertaining to Temporary Foreign Workers (TFWs).

Also Read: Canada Tackles Unemployment Rate by Announcing 21,000 More Jobs

There are a total of 13 modifications aimed at strengthening TFW safeguards and improving the Temporary Foreign Workers Program (TFWP). According to ESDC, these policies will safeguard TFWs in Canada from abuse and exploitation by:

  • Employers must offer all TFWs with information on their rights in Canada.

  • Employers are prohibited from retaliating against employees, such as those who file complaints.

  • Employers are prohibited from charging workers recruiting fees and are held liable for the acts of recruiters in this respect.

Another change will make companies accountable for providing their employees with access to healthcare services. They must provide private health insurance for workers to utilise as required.

According to the government, the changes are meant to discourage bad workplace practices and to strengthen the programme's ability to inspect workplaces, enforce the regulations, and apply appropriate punishments to those who choose not to follow the rules.

One probable outcome is the suspension of new Labour Market Impact Assessments (LMIAs), a document submitted by employers to ESDC, that indicates hiring foreign workers would not have a detrimental impact on Canada's workforce or economy.

LMIAs would be suspended if ESDC has reasonable grounds to suspect an employer of failing to comply with the additional standards, putting a foreign worker's health or safety at risk.

In addition to the revisions, the ESDC and stakeholders interested in increasing the TFWP's efficacy recently held a roundtable discussion. Similar gatherings are likely to take hold in the forthcoming years.

The Rights of Temporary Foreign Workers (TFWs)

TFWs are entitled to the same privileges as Canadian citizens and permanent residents in Canada. This implies that companies are required by law to create a safe working environment free of harassment and retaliation.

Furthermore, it is illegal for an employer to refuse to pay an employee for labour performed as specified in an employment agreement, including overtime. Before the first day of work, employees should ensure that they have a signed copy of this agreement.

According to Immigration Minister Sean Fraser, all workers' rights in Canada, including temporary foreign workers, are safeguarded by law. The International Mobility Program (IMP) establishes standards and conditions for recruiting TFWs in Canada and offers open work permits to vulnerable employees who are subjected to unfair working circumstances, allowing them to find other jobs promptly. 

Also Read: More than 60,000 Indian Students Flew to Study in Canada in the First Half of 2022

With the implementation of this new legislation, the Government of Canada strengthens its power to safeguard temporary foreign workers and improves its capability to prevent potential maltreatment or abuse during TFWs' time in Canada.

Want to Know How to Settle in Canada?

Source: The Economic Times and Live Mint

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