The Temporary foreign workers program allows employers in Canada to employ individuals that belong to other nationalities who are already in Canada or visiting from abroad. This program is particularly helpful to offices and firms where there is a shortage of employees with required skills and eligibility. When businesses and individual firms cannot find employees within the country for their needs, they go on to offer jobs for individuals from abroad. An employer can keep an employee in their office for up to 4 years after hiring or after the Canadian Immigration.
To hire an individual from abroad, an employer has to get Labour Market Impact Assessment (LMIA) to support the process of work permit applications. The LMIA will determine if the candidate to be hired has appositive or negative impact in the labour market corresponding to which he/she is hired.
Recently, the federal government announced “stiff” new changes in the temporary foreign workers program thus making sure that no mistakes happen or go unnoticed. The serious consequences to any firms that are found breaking the rules or bending them have given rise to several employers voicing out their opinions. Employers say that it would rather be time consuming for an Independent appeals process whereas it could also be very expensive for individuals and businesses.
These new regulations which were recently published in the Canadian Gazette will apply to all employers who hire foreign individuals for work in Canada. This does not only include firms and businesses but also individuals that hire foreign caregivers. Hence, this rule applies to everyone who is foreign despite the employment position that they are to take up. The foreigners hired to work in the Canada health care sections too will be included in this new rule which is to be operational from December 1. In a news release last week, the employment minister said that this new rule makes sure that the work permit of employees are utilized in the right way and employers that are misusing this or mistreating the employees shall be brought to light.
Employers that are found to be Non-compliant post the investigation conducted could face a ban ranging from one to 10 years to use the program depending on the nature of the violation. This ban period is accounted for each violation. For the most serious violations, a permanent ban can also be given. At present, the only ban is for two years. Apart from that, employers could also face fines ranging from 500$ to 100,000$ depending on the violation.