Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) — SOR/2022-142

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada

Operative dateSeptember 26, 2022

CategorySkilled work

Policy toolEnforcement

Policy effect

Introduction of 13 regulatory changes to the Temporary Foreign Worker Program and International Mobility Program to enhance worker protections, including mandates for employment agreements, a ban on charging recruitment fees to workers, and expanded federal enforcement powers to verify compliance.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… remain gaps in worker protection. Description: The TFWP and the IMP set the requirements and conditions for Canadian employers to hire temporary foreign workers. The amendments to the Immigration and Refugee Protection Regulations will enhance the protection of temporary foreign workers by setting new employer requirements and conditions and improving the ability to hold employers accountable for non-compliance. This includes requirements for an employer to provide the most recent information to workers about their rights in Canada, have a signed employment agreement with their workers outlining the wages, occupation, and working conditions, and provide access to health care services when the worker is injured or becomes ill at the workplace. The proposal will also mandate that employers in the TFWP obtain and pay for private health insurance that covers the emergency medical care for their workers, if the worker is not already covered under the applicable provincial health insurance. In addition, the amendments will expand the definition of “abuse” to include reprisal against a temporary foreign worker and prohibit employers from charging or recovering recruitment fees. The amendments … Refugee Protection Regulations (IRPR) is to strengthen protections for temporary foreign workers to prevent potential mistreatment or abuse during their period of employment in Canada. These amendments will impose on employers additional requirements, as well as conditions that the Government will be able to inspect and verify, and will address program integrity gaps. Specific amendments have been made to directly address issues identified during stakeholder consultations, the report of the Standing Committee on HUMA, and ministerial mandate commitments. The proposal also builds on TFWP policies. Temporary foreign worker protections Temporary Foreign Worker Program and International Mobility Program A number of the amendments will directly improve worker protections by ensuring that temporary foreign workers have access to sources of information about their jobs and their rights in Canada. These include requiring that an employer provide the worker with a signed employment agreement that outlines the occupation, wages, and working conditions consistent with those set out in the offer of employment and, as recommended by HUMA, requiring that the employer provide workers with the most … recent information about their rights in Canada. Further amendments will help address particular areas of vulnerability by prohibiting the charging or recovering of fees related to recruitment of the temporary foreign worker, and by requiring reasonable access to health care services when a temporary foreign worker is injured or becomes ill at the workplace. Employers are required to make reasonable efforts to provide a workplace that is free of abuse. These amendments will add “reprisal” to the definition of “abuse” to respond to stakeholder concerns of workers fearing reprisal from employers …

Canada GazetteCanada Gazette. Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) — SOR/2022-142. Effective 2022-09-26.Open official source

Retrieved from https://gazette.gc.ca/rp-pr/p2/2022/2022-07-06/html/sor-dors142-eng.html

Review method

Two separate automated exact-claim source reviews

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Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) — SOR/2022-142

Policy effect

Official source excerpt

Review method

Other Canada changes operative in 2022