Legal Alert: Federal Temporary Foreign Worker Program Changes

Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to read McInnes Cooper’s January 21, 2014 Legal Update: More Changes to Federal Temporary Foreign Worker Program.

On April 29, 2013 the Federal Government announced seven significant changes to Canada’s Temporary Foreign Worker Program:

1. Payment of Prevailing Job Wage.  Effective immediately, employers must pay temporary foreign workers the prevailing job wage; employers will no longer have the option to pay temporary foreign workers a lesser wage.
2. Accelerated Labour Market Opinion Process Suspended.  Effective immediately, this process is temporarily suspended.
3. Additional Questions in Labour Market Opinion Application Process.  Employers will be required to answer additional questions intended to ensure no Canadian workers are displaced; this change will be implemented “in short order”.
4. Increased Government Authority to Suspend & Revoke Work Permits and Labour Market Opinions If Program Misused.  The Government did not announce the effective date for this change.
5. Firm Plan for Transition to Canadian Workforce.  The Program will ensure employers relying on temporary foreign workers have a “firm plan” to transition to a Canadian workforce over time through the Labour Market Opinion process.  Again, there is no clear effective date for this change.
6. Fees.  The Government will introduce fees for employers for Labour Market Opinion processing and increase the fees for work permits.  The government did not announce the effective date for this change.
7. Language.  The Government will limit the languages used as a job requirement to English and French; again, no effective date was announced.

Click here to read the Federal Government’s news release on these changes.

Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Immigration Team to discuss this topic or any other legal issue.

McInnes Cooper has prepared this document for information only; it is not intended to be legal advice.  You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

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