Canada Implements New Measure To Empower Work Permit Holders

September 26, 2022 – Today, Canada announces enforcement of 13 new regulations to empower temporary foreign workers in Canada. These 13 new regulations come into force today and are to ensuring the health and safety of temporary foreign workers (TFWs) in Canada.

Today, Sean Fraser, Minister of Immigration, Refugees, and Citizenship (IRCC), and Carla Qualtrough, Minister of Employment, Workforce Development, and Disability Inclusion, announced that new amendments to the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) are now in effect.

The new regulation revisions will strengthen safeguard of TFWs. Additionally, these new amendments will improve the integrity of the IRCC-managed TFW Program and International Mobility Program (IMP).

These new regulations listed in the later part of this article are applicable to any work permit holders currently earning their livelihood from a Canadian employer. Its time government is supporting you, so raise the voice.

These new regulations are a welcome step because it has been long that employers exploit the work permit holders. Although, there are still loop holes, but we can say at least “something” has been done. Below is the summary of new amendments to Immigration and Refugee Protection Regulations (Temporary Foreign Workers).

How would new regulations help?

The new regulations will Improve TFW protection and assist in preventing maltreatment and abuse while they are in Canada by:

requiring employers to inform all TFWs of their legal rights in Canada;
forbidding retaliation by employers against employees, such as against those who file complaints; and
forbidding employers from charging workers recruitment fees and holding them responsible for the actions of recruiters in this regard.
The provision of appropriate access to health care services by employers is now mandatory.
Employers who participate in the TFW Program must additionally offer private health insurance when necessary.

Raising employers’ awareness of their obligations to promote compliance with the TFW Program’s conditions;
Improving inspection tools and mandatory training to strengthen the quality and timeliness of inspections;
Continuing to use an improved tip line service with live agents, allowing workers to flag any situation of abuse or misuse of the programme in a confidential manner;
Increasing cooperation with provinces, local governments, and consulates to assist the Department in identifying issues that require prompt attention and taking action.

Just FYI, on April 1, 2022, ESDC introduced an escalation mechanism to alert provincial stakeholders within 48 hours in cases when a TFW’s health and safety are at urgent risk. This will serve to further safeguard the health and safety of TFWs.

How to strengthen the voice of temporary foreign workers?

We all know that government has to take steps diplomatically to ensure they keep in interest of employers and workers. See the new amendments as a wake up call for both employers and foreign workers.

Here is what we can morally do to stop the exploitation and pave the way for upcoming Canada aspirants:

Say no to work if you are being exploited and escalate it. Employers need you. There is a labour shortage, but employers are just pitching traditional requirements rather than revealing that they are short of staff. Simply say no to exploitation or abuse.
Don’t underwork and speak up. If you have skills, but you are working for less just to have a work permit or sponsorship, don’t underwork. So, speak up your expectation to the employer.
Stop buying or paying for the job offers or LMIA. You may encounter that a lot of immigration consultants or employers offer you job offers or LMIA for more than $30,000-40,000. It may seem tempting that you will get PR, but paying such a huge amount is the beginning of your abuse. Be on the right side and refrain from paying for any such amount.
You are the beginning of revolution. Yes, you will be the first one to say not to paying for a job offer or LMIA and hone your skills to get permanent residency as Canada has myriads of pathways that can give you PR. Rather than paying $30,000-40,000 work on honing your skills and meeting the requirements. For e.g., learn French.
Learning French will not cost you any way near to $30,000-40,000. It is just a game of 2-3 months. Being a bilingual will not only get you permanent residency, rather it will help you in getting higher paid and better job opportunity throughout your life.