In our 25 years we have seen the foreign worker program evolve. In some aspects the program has gotten better but in other aspects its has become more challenging. Nonetheless, the demand for external workers to fill job vacancies continues to be even stronger. In the past 14 years we have seen the demand for Registered Nurses increase. Even more so with the employment pressures that the pandemic has caused. We will continue to see the demand rise as baby boomers age.
There are 3 basic steps to hire a temporary foreign worker:
- Get an LMIA or submit an offer of employment
- Have the worker apply for a work permit
- Tell the worker what to expect from their application
Temporary foreign workers already working in Canada are subject to compliance legislation. Under Canada’s employer compliance regime, all employers applying for work permits for their employees must file employer compliance documentation before the foreign national obtains their work permit. This information is retained by the government for the purposes of future immigration compliance audits. The employer compliance filing is based on complex legislative criteria that involve a formula-based financial penalty system for non-compliance. The employer must document the terms of the proposed employment, including wage, hours of work, hourly rates, benefits, specific job duties and many other terms of the proposed employment in Canada. While performing their job duties in Canada, the employee’s job duties must not deviate from the terms that have been filed with the government. The government has the legal authority to investigate employers who have hired temporary foreign workers in Canada at any time without a warrant. One in four employers will be audited. During an immigration audit, Immigration, Refugees and Citizenship Canada will review the terms of each temporary foreign worker’s employment in Canada to ensure that it meets the terms specified in the online offer of employment.
If a foreign worker is laid off, is asked to reduce the number of hours worked, has received a salary reduction and/or is required to work from home, any of these employer-initiated economic measures will result in non-compliance with the terms and conditions of the foreign worker’s work permit. In the event of non-compliance, the foreign worker is required to inform immigration, because employment conditions are a material change to the job offer. In such circumstances, it is anticipated that disclosure should temporarily be sufficient to protect the foreign worker’s position. It is also recommended that the employer voluntarily disclose the change of the job offer. If the employer is audited, there are justifications for non-compliance such as measures implemented by an employer in response to dramatic changes in economic conditions that directly affected the business of the employer (provided that those measures were not directed disproportionately at foreign nationals) or force majeure.
