Changes To Temporary Foreign Worker Program

18th Aug 2010 Comments Off on Changes To Temporary Foreign Worker Program

Last updated on July 21st, 2018

On April 1, 2011, new regulatory changes came into effect that will significantly impact temporary foreign workers and the companies that want to hire them.  If you are an employer who currently employs or is interested in employing temporary foreign workers then you need to be aware of these changes.

The changes include:

  • Assessing the genuineness of a Temporary Foreign Worker;
  • Live-in-Caregiver Changes;
  • The Employer Blacklist;
  • Time limits for temporary foreign workers; and
  • Labour Market Opinion Changes.

Establishing a set of factors to guide the assessment of the genuineness of an employer’s offer of employment to a temporary foreign worker.

The changes introduce a new s. 200(5) of the Regulations, which reads:

Genuineness of job offer

(5) A determination of whether an offer of employment is genuine shall be based on the following factors:

(a) whether the offer is made by an employer, other than an employer of a live-in caregiver, that is actively engaged in the business in respect of which the offer is made;

(b) whether the offer is consistent with the reasonable employment needs of the employer;

(c) whether the terms of the offer are terms that the employer is reasonably able to fulfill; and

(d) the past compliance of the employer, or any person who recruited the foreign national for the employer, with the federal or provincial laws that regulate employment, or the recruiting of employees, in the province in which it is intended that the foreign national work.

Establishing certain employer-related requirements for live-in caregivers.

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