Temporary Foreign Worker Program – New Tools and Employer Compliance Updates
Employment and Social Development Canada has recently updated essential information regarding compliance standards for employers under the Temporary Foreign Worker Program (TFWP), detailed below.
New Measures Adopted
- Updating Compliance Information for Employers
An update to Appendix D of the decision letter following a positive Labour Market Impact Assessment (LMIA) has been made. Employers will now find in this document clarifications on their responsibilities as participants in the TFWP, along with links and useful information regarding compliance.
- Compliance Outreach Sessions
Outreach sessions are offered to employers. These sessions are designed to help employers, associations, and stakeholders better understand their rights and responsibilities under the TFWP.
During these interactive sessions, the topics of discussion include:
- An overview of the inspection process;
- The authorities of the Program;
- The employer’s responsibilities and obligations;
- Statistics on compliance rates within the Program;
- The most common reasons for non-compliance.
For more information or to reserve a spot, contact Service Canada via email at EDSC.SENSIBILISATION.PTET-TFWP.OUTREACH.ESDC@servicecanada.gc.ca
- Employer Information Sheet for Inspections :
Service Canada provides employers with a fact sheet listing the elements that may be required during an inspection. However, it is important to note that each inspection is specific, and additional documents not listed in the fact sheet may be required. Here are examples of documents or information that employers will need to present:
- Canada Revenue Agency Business numbers, business registration documents, commercial invoices.
- Copy of payroll slips, records of hours worked.
- Copy of the employment contract in French or English
- Document describing the TFW’s work
- Document certifying that the TFW’s have health insurance.
Service Canada also reminds employers of the requirements related to the Employment Agreement.
The employer must establish an employment agreement with each temporary foreign worker no later than the first day of work. This agreement must be written in French or English, depending on the worker’s preference. The details of the contract must match those mentioned in the LMIA, including wage, occupation, and working conditions.
The worker and employer must sign the contract, and the employer must give a signed copy to the worker on the first day of work while keeping a copy for themselves. Sample templates of ‘employment agreement’ are available for employers, who may also create their own contracts, provided they include all required information.
Service Canada additonally wants to inform about the five main reasons for non-compliance:
- Failure to provide required documents required: these are documents concerning the LMIA, documents related to the conditions stated in the Immigration and Refugee Protection Regulations (IRPR), as well as the requirements and conditions listed in the decision letter relating to the LMIA and its appendices.
- Working conditions: changes to the working conditions of temporary foreign workers.
- Wages: temporary foreign workers must receive a wage that is essentially the same, but not less advantageous than that indicated in the LMIA.
- Failure to retain documents for six years: from the first day of the employment period for which the permit was issued, the employer must retain all relevant documents for six years.
- Non-compliance with federal/provincial/territorial laws: the employer must comply with laws governing employment and recruitment in the territory or province where the temporary foreign worker works.
Finally, Service Canada emphasizes the importance of Voluntary Disclosure. By reminding that if an employer recognizes that they have not met the requirements of the TFWP, they can contact Service Canada via the voluntary disclosure form. For assistance, visit the Canada.ca website or contact the Employer Service Centre.
Equinox World is available to assist its clients in their procedures and answer their questions.
