• Insights

Canada: Regulatory Amendments Enhance Foreign Workers’ Rights

August 29, 2022

insight-news-default

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Amendments to the Immigration and Refugee Protection Regulations in Canada will take effect on September 26, 2022, and will impact both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) streams.
  • The amendments are aimed at improving employer compliance and protecting foreign workers’ rights by remedying existing gaps in worker protections, ensuring adequate access to rights and employment information, ensuring better access to healthcare services, and improving workplace conditions for foreign workers.
  • The changes will place more responsibilities on employers to protect foreign workers’ labor rights.

The situation

Immigration, Refugees and Citizenship Canada has announced amendments to the Immigration and Refugee Protection Regulations for both the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), which will take effect on September 26, 2022.

A closer look

Details of the new amendments are as follows:

Part 1. Enhanced Worker Protections

1.1 Providing information to temporary foreign workers about their rights in Canada
  • For both programs, on or before the first day of work, and throughout the period of employment, an employer must provide to the employee a copy of the most recent information about their rights in Canada, in the worker’s chose official language of Canada (English or French).
IMP and TFWP
1.2 Providing an employment agreement to the temporary foreign worker
  • For employers using the TFWP, they must commit to and provide the temporary foreign worker with a signed copy of their employment agreement on or before the first day of work.
  • For employers using the IMP, they must attest (via the Employer Portal) that they have already provided the temporary foreign worker with an employment agreement.
  • Under both programs, the employment agreement must be in either English or French, be signed by both employer and employee, and provide for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment.
IMP and TFWP
1.3 Amending the definition of “abuse” to include “reprisal” against temporary foreign workers This change expands the definition of “abuse” in the workplace for both programs. IMP and TFWP
1.4   Prohibiting employers from charging or recovering fees for the provision of services in relation to an LMIA, Employer Compliance fee and fees related to recruitment and requiring that employers ensure that any recruiters they use do not charge or recover these fees
  • For employers using the TFWP, they must confirm and commit that neither they nor any third party they have used have or will, directly or indirectly, charge or recover fees from a foreign national in relation to the LMIA and their recruitment.
  • For employers using the IMP, employers must attest (on the Employer Portal), that neither they nor any third party they have used have charged or recovered any fees related to the employer compliance fee or recruitment.
IMP and TFWP
1.5 Protecting the health and safety of temporary foreign workers
  • Employers must make reasonable efforts to provide access to health care services when the temporary foreign worker is injured or becomes ill at the workplace for both programs.

  • For employers using the TFWP, employers must obtain and pay for private health insurance that covers emergency medical care for the temporary foreign worker for any time during the period of employment for which the foreign worker is not covered by provincial or territorial healthcare.

IMP and TFWP

Part 2. Heightened Employer Integrity

2.1 Requiring documents from third parties  Where in line with the Privacy Act, ESDC and IRCC will now have the authority to require, without the consent of the employer and/or worker, that any third party (including banks and payroll companies) provides any document in their possession that relates to employer compliance with regulatory conditions.  IMP and TFWP 
2.2 Suspend processing of a request for an LMIA so long as there is reason to suspect employer non-compliance with certain regulatory conditions and serious risk to health or safety of foreign national  ESDC will have the authority to suspend the processing of an LMIA request for an employer who is suspected to not be in compliance with one of the following conditions: 1) actively engaged in the business relating to the offer of employment, 2) provide the foreign national with working conditions that are substantially the same as but not less favorable than what was set out in the offer, 3) provide an abuse-free workplace, and 4) comply with COVID-19 conditions.  TFWP 
2.3 New assessment requirements for employers applying for an LMIA  For employers who have not employed a worker under the TFWP in the past six years, ESDC will confirm if, within the last two years, the employer made reasonable efforts to provide an abuse-free workplace and was not an affiliate of an ineligible employer under the program. TFWP 
2.4 Make wage and labour dispute factors stand-alone LMIA requirements  ESDC will now assess whether a worker has been offered the prevailing wage for the occupation and whether the worker’s employment is likely to adversely affect the settlement of any labour dispute in progress under a pass/fail system. Failure to pass both criteria will result in an LMIA refusal.    TFWP
2.5 Collecting information regarding compliance with IMP conditions to ensure program integrity  For employers using the IMP, ESDC will have the authority to collect personal information on employers and temporary foreign workers related to an employer’s compliance with the conditions of the IMP; this information will also be shared with inspection officials.   IMP

Background

  • Impacted immigration programs. The amendments impact the employer compliance regimes of both the TFWP and the IMP. The TFWP allows employers in Canada to hire a foreign worker when no Canadians or permanent residents are available. The IMP allows employers in Canada to hire a foreign worker in support of advancing Canada’s cultural and economic interests and competitive advantage.
  • Regulatory background. The government had introduced similar amendments to the Immigration and Refugee Protection Regulations in August 2021 to rectify vulnerabilities of foreign workers exposed by the COVID-19 pandemic. The forthcoming amendments go a step further with additional details, to further enhance foreign worker protections.
  • Reason for the amendments. The amendments are aimed at improving employer compliance and protecting foreign workers’ rights by remedying existing gaps in worker protections, ensuring adequate access to rights and employment information, ensuring better access to healthcare services, and improving workplace conditions for foreign workers.

Impact on employers

Employers are advised to familiarize themselves with their responsibilities and compliance obligations under both the TFWP and IMP streams. Fragomen can assist employers with navigating their rights and obligations to ensure compliance before and during immigration processing and during foreign workers’ employment in Canada.

Looking ahead

Canada will likely continue to implement programs and regulations demonstrating its continued commitment to expanding immigration and supporting foreign workers. Fragomen will report on relevant updates.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].        

Country / Territory

  • CanadaCanada

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 21, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 21, 2026 | ChinaMainland China: Policies Relaxed for Transiting Travelers
August 21, 2026 | United StatesUnited States: DHS to Propose New H-1B and OPT Fees
August 21, 2026 | VietnamVietnam: eID Requirement Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
August 21, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
August 21, 2026 | ChinaMainland China: Policies Relaxed for Transiting Travelers
August 21, 2026 | United StatesUnited States: DHS to Propose New H-1B and OPT Fees
August 21, 2026 | VietnamVietnam: eID Requirement Updates
August 21, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.