Protecting temporary foreign workers in Canada; 13 new regulations in force

Highlights of Canada’s 13 regulatory amendments for better protection of TFWs

• Canada has administered 13 new regulatory amendments for better protection of temporary foreign workers (TFWs).
• Employers in Canada are directed to strictly follow guidelines to prevent the abuse and mistreatment of temporary foreign workers in Canada.
• Non-compliance to guidelines will attract measures meted out by ESDC, including cancellation of LMIA.

https://www.youtube.com/watch?v=FZ5zKUFRbJw

Canada is committed on its assurance to foreign workers in Canada that the country cares about their safety and wellbeing. Recently, an announcement was made in Canada jointly by Carla Qualtrough, the Minister of Employment, Workforce Development & Disability Inclusion, and Sean Fraser, the Minister of IRCC.

As per the announcement, 13 new regulatory amendments have been administered with the intention of strengthening protection for TFWs. Also intended is the improvement of the integrity of IRCC’s IMP and TFW program.

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How do the 13 amendments benefit TFWs?

The newly implemented 13 regulatory amendments will help realize the purpose of preventing the mistreatment and abuse of TFWs while they are staying in Canada. For this, employers in Canada are given guidelines to follow, with consequences if they fail to do so.

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Employers in Canada are directed to do the following:

• Provide all information to TFWs about their rights in Canada.
• Not reprise workers. E.g., reprisal against temporary foreign workers in Canada who raise complaints
• Not charge recruitment fees on workers and hold them accountable for what recruiters have done in this regard.
• Provide workers with reasonable access to healthcare services.
• Provide private healthcare insurance to workers if they are using the TFW program.

Failure to comply with these directives can lead ESDC to suspend the processing of any new LMIA to employers. Such strict action will be taken if employers are reasonably suspected of not complying with the new conditions, which puts the safety or health of a foreign worker at high risk.

Those employers who aren’t ready to comply with the new amendments won’t participate in the TFW or IMP programs administered by IRCC. The amendments will ensure that there’s greater transparency as well as clarity on the conditions and requirements of these programs. Enhanced protection for TFWs due to increased awareness and compliance of employers involved in the TFW and IMP programs will be the best result possible.

The new measures will complement other initiatives intended to bring about worker protection from unfair practices.

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How does ESDC improve TFW protection?

ESDC continues its work to improve employers’ compliance with TFW guidelines. This is to ensure better protection for temporary foreign workers in Canada. ESDC does the following in this regard:

• Enhances mandatory training and inspection tools with the aim of strengthening the timeliness and quality of inspections
• Continues to employ an improved tip line service which includes live agents, enabling workers to confidentially raise an alert on any instance of misuse or abuse of the TFW or IMP program
• Continues to raise the awareness of employers regarding their obligations to develop compliance with the conditions of the TFW Program
• Expands collaboration with consulates, provinces, and local authorities, with the purpose of helping the Department in identifying concerns requiring immediate attention, remedy, and resolution.

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