August 13, 2021
New Regulations Protect Foreign Workers’ Rights in Canada
Following an open comment period of 30 days, a number of new regulations protecting the rights of foreign workers have officially gone into effect as of August 10, 2021. They aim to make Canada a more attractive and secure location for foreign workers and include:
- Improved protection for temporary foreign workers through the employer’s provision of an employment agreement, prohibited retaliation against whistle-blowers, employers providing reasonable access to health care and health insurance, and prohibiting recruiters from charging recruitment fees.
- Improved government oversight in the Labor Market Impact Assessment (LMIA) process. Under the new rules, employers new to the LMIA program will be subject to a more stringent review, Employment and Social Development Canada (ESDC) will defer the processing of an LMIA where noncompliance is suspected (such as non-payment of wages, performing duties in a role other than the one that was approved, etc.) and 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 will allow the government to inspect employers in a timelier fashion under the imposition of tighter timeframes. The new rules will create shorter deadlines for document requests and corrective action for employers during said government inspections.
- New features on the Job Bank website have been launched to create a more secure environment for temporary foreign workers to search through a trusted site with vetted employers.
For further information on protecting foreign workers’ rights in Canada, please contact the Sterling Lexicon immigration team.
As Head of Immigration with Sterling Lexicon, Leanne leads a team of specialists who are responsible for ensuring the entire immigration process is smooth and stress-free for clients, assignees and their accompanying family members. She brings over ten years of experience in strategic immigration management, planning and consultation to her role, and has cultivated invaluable knowledge and experience in processing countless global migration applications. As a trusted partner, she consults with clients on everything from policy considerations and cost or efficiency improvements, to the impact of opening offices in new locations. Leanne is a frequent presenter and author on global immigration topics and trends.