Canada: Regulatory Amendments Increase Foreign Workers’ Rights

Improved protections for temporary foreign workers

• • Employers must provide temporary foreign workers with an employment agreement.
  • Employers are prohibited from retaliating against whistleblowers.
  • Employers must provide reasonable access to health care services and health insurance when needed.
  • Recruiters cannot charge recruitment fees; employers will be liable for the actions of recruiters in this regard.

Improved government oversight in Labor Market Impact Assessment (LMIA) process

• • Under the new rules, employers who have not previously used the LMIA program are subject to more stringent review.
  • Employment and Social Development Canada (ESDC) will also defer processing of an LMIA where noncompliance is suspected (such as nonpayment of wages, performing duties in a role other than the one that was approved, etc.).
  • ESDC can now gather information on noncompliance directly from third parties (including banks and payroll companies) to corroborate pay information provided by the employer.

Stricter deadlines for employer action

• • Updated eligible employer library;
  • Updated job search tools; and
  • Increased data security.

These changes create a more secure environment for workers to search for jobs through a trusted site which vets employers.