Employers must give a fully executed copy of the employment agreement to the TFW before submitting an offer of employment to IRCC through the Employer Portal. The employment agreement must be either in English or in French, whichever is the preferred chosen official language of the TFW. The employment agreement must be signed and dated by both the employer and the employee and it must include the same occupation, wages, and working conditions as what is attested to in the Employer Portal. Provide a signed employment agreement (which may be different than the offer of employment which employers upload to the Employer Portal) to the employee. ĭuring a TFWs employment, make sure that information about TFW rights in Canada is posted and readily available at the workplace (you could make the information available by paper or electronically, either by posting the information in a lunch room or by making it accessible on the company website). On or before a Foreign National’s first day of work in Canada, ensure that you have provided your Temporary Foreign Workers (TFWs) with information about their rights in Canada.
Other categories of workers under employer-specific work permits including Reciprocal Employment (C20) and Significant Benefit (C10)Ī quick summary of what Canadian Employers need to do right away are as follows but please consult with an immigration lawyer and review the new Regulations in detail: General Agreement on Trade in Services (GATS),Ĭomprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) ( Canada–United States–Mexico Agreement (CUSMA) formerly NAFTA),įree Trade Agreements between Canada and Chile, Peru, Colombia, Korea, and Panama,Ĭanada-European Union Comprehensive Economic and Trade Agreement (CETA) ,Īgreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA),
#Canadian imp free#
Professionals and other workers under International Free Trade Agreements such: The IMP is a broad way of describing a number of Immigration programs under which many Canadian companies hire foreign workers.Įmployer specific work permits under International Experience Canada (IEC), including the young-professional and co-op or internship categories What is new is the extension of requirements to TFWs under the IMP (LMIA exempt work permits).
The Regulations already had provisions to protect TFWs under the TFWP (LMIA based work permits). Part of the Government of Canada’s rationale was to deter “bad actors” from participating in Immigration programs and also to conduct further inspections with consequences for those who fail to follow the requirements. The 13 new regulatory amendments were announced September 26, 2022.
Ensuring that your HR processes are up to date is essential to avoid losing important staff and also key to avoiding public embarrassment. Failure to comply with the new laws can have serious consequences, including various levels of violations, that carry with them administrative monetary penalties, periods of ineligibility where employers are prohibited from employing foreign nationals, the suspension and cancellation of existing Labour Market Impact Assessments (LMIAs), and the publication of the names of corporations who violate the law. Canadian employers of foreign nationals, including workers under the Temporary Foreign Worker Program (TFWP) and now also workers under the International Mobility Program (IMP) must comply with a number of requirements. The Immigration and Refugee Protection Regulations were amended, effective September 26, 2022.
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