On June 7, 2013, the Government of Canada introduced regulatory changes which will take soon effect at a date to be determined (the “New Regulations”). The New Regulations will impact all employers of foreign nationals in Canada. Specifically, the New Regulations will impose new conditions on employers and increase the government’s ability to ensure compliance with those conditions.
The New Regulations follow a previous Government of Canada announcement on April 29, 2013, in which it announced the following changes to the Temporary Foreign Worker Program, which will also soon take effect at a date to be determined:
- The Government of Canada will begin working with employers to ensure that temporary foreign workers are relied upon only when Canadians genuinely cannot fill those jobs;
- Increasing the recruitment efforts that employers must make to hire Canadians before they will be eligible to apply for temporary foreign workers, including increasing the time span and reach of advertising;
- Helping employers who legitimately rely on temporary foreign workers, due to a lack of qualified Canadian applicants, find ways to ensure that they have a plan to transition to a Canadian workforce over time;
- Restricting the identification of non-official languages as job requirements when hiring through the Temporary Foreign Worker process; and
- Introducing user fees for employers applying for temporary foreign workers through the Labour Market Opinion (“LMO”) process.
The New Regulations
Contacting Employers Directly
Once the New Regulations take affect, Citizenship and Immigration Canada (“CIC”) will have the statutory ability to contact employers directly to verify information contained in work permit applications. Previously, all officer requests for additional information went through the applicant.
The New Regulations affirm that officers must be satisfied that employers who are seeking to employ foreign nationals have employed their previous and current foreign nationals in substantially-the-same positions as what was in their Labour Market Opinions and/or offers of employment (“STS”).Read more ›