2011-02-28
Derek Sankey
The rules governing temporary foreign workers are set to change April 1 when new regulations take effect that will change the way companies hire everybody from oilpatch workers to live-in caregivers. Labour shortages lead to complications whenever they occur, says Evelyn Ackah, a business immigration lawyer in Calgary.
Vancouver Sun
The rules governing temporary foreign workers are set to change April 1 when new regulations take effect that will change the way companies hire everybody from oilpatch workers to live-in caregivers. Labour shortages lead to complications whenever they occur, says Evelyn Ackah, a business immigration lawyer in Calgary.
"There definitely was some exploitation of foreign workers," says Ackah. "Underlying all of these regulatory changes for the foreign worker program is that we recognize . . . that we are an aging population and that foreign workers -skilled and lower-skilled -are going to be key to our future growth."
Employers who don't adhere to the new regulation could be "blackballed" on a Citizenship and Immigration Canada website that will be established and banned from using temporary foreign workers for two years. Other changes to the system could further comprise an employer's international reputation and its ability to use these workers, says Ackah.
"The policies, especially in Alberta, that had been developed during the boom were seen as negatively impacting Canadians and permanent residents of Canada, so they wanted to slow down the tide of foreign workers and focus on taking care of Canadians first," she says. "The motivation is correct."
Where problems may arise is in the interpretation of the new rules, which cover everything from time limits to the genuineness of the employment offer and terms of the work permit.
Employers face stricter regulations about the time limit foreign workers can stay in Canada -four years under normal conditions -and a two-year ban from using them for employers who don't adhere to the new rules. Other conditions include stricter monitoring about the terms of the job offer and a shorter expiry date for labour market opinions -from one year to six months -that demonstrate the inability of an employer to find qualified Canadians to do the job.
"As of April 1, (employers) are going to have some real issues to deal with," says Ackah, managing lawyer for Ackah Business Immigration Law. "It's going to be interesting."
She has no qualm with the motivation behind the new rules -they're meant to protect Canadian jobs and temporary foreign workers while in Canada -but she says there are bound to be legal challenges in the months to come.
Being labelled a "bad" employer, says Ackah, could have international reputation repercussions, while the regulations leave it open to interpretation as to why a mistake was or was not made when it comes to issues such as job description or hourly pay.
"Who knows what's considered reasonable and who's determining it," she says. "We're going to learn . . . quickly. The whole act has a lot of room for interpretation."
The new rules are legally untested territory and Ackah expects a rise in the number of clients seeking advice. The most important part, she says, is for employers to take action now.
"I think this will create a certain sense of urgency for employers. You can't take it casually any longer."
derek.sankey@telus.net
Changes to the temporary foreign worker program in Canada
- Maximum time periods: The maximum term a foreign worker can remain in Canada will total four years. After 4 years, the temporary worker would be required to leave Canada and not be allowed to return to work in Canada for at least four years (some exceptions).
- Two-year ban for "bad" employers: If breaches of the new conditions occur, an employer could be banned from the program for two years.
- Genuineness of employer offer: Job offers outlined under a labour market opinion must be validated and strictly adhered to.
- Labour market opinion validity: If a work permit is not obtained prior to the six-month expiry, a new opinion must be submitted.
Agriculture and horticulture workers, Occupations in services - Domestic work, Sales and service occupations - general, Trades, transport and equipment operators and related occupations - general, Natural resources, agriculture and related production occupations - general, Labourers in food, beverage and associated products processing, Dancers et Autre
Policy analysis
Sensibilisation du public
Canada, Ontario, Alberta, Manitoba, Quebec, Colombie-Britannique, Autres provinces, Fédéral, Nouvelle-Écosse et National relevance
Anglais