Business Immigration Update

April 29, 2013: Business Immigration Update

Important changes to the Temporary Foreign Worker Program were announced on April 29, 2013. Changes included the immediate suspension of both the Accelerated Labour Market Opinion Program and the policy that allowed for a small deviation from the regional prevailing wage if the wage was already being paid to the employer’s Canadian workforce.

Amendment to the Immigration and Refugee Protection Regulations

Employers of Temporary Foreign Workers (TFWs) should be aware of increased responsibilities under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). As of April 1, 2011, several important amendments to the IRPR became effective.

Highlights include:

  • New criteria have been added to determine the genuineness of a job offer made to a TFW.
  • Employers can be deemed ineligible to hire a TFW if, during the two years preceding a Labour Market Opinion application, it was found that they did not provide wages, working conditions or an occupation that were substantially the same as the terms and conditions of a previously authorized job offer (wihtout reasonable justification). If an employer is found to have breached any of these obligations, access to the Temporary Foreign Worker Program maybe denied for two years.
  • A maximum cumulative duration of four years of work for some types of TFWs is now imposed, followed by a period of four years in which the worker would not be eligible to work in Canada.

For more information about how these recent amendments might affect you, please contact one of the lawyers in our Immigration Law Practice Group.