Part INoticeVolume 158, Number 10Published: March 9, 2024

International Experience Canada employer limits

Canada Gazette, Part I, Volume 158, Number 10: Regulations Amending the Immigration and Refugee Protection Regulations (International Experience Canada)

Proposed amendments would add explicit regulatory authority for the International Experience Canada program and allow immigration officers to limit how long a foreign youth can work for a single employer. The change is intended to enable reciprocal employer-duration limits in new youth mobility agreements; it was published March 9, 2024 with a 30-day comment period.

Published
March 9, 2024
Department
Unavailable
Section
REGULATORY IMPACT ANALYSIS STATEMENT
Comment deadline
April 8, 2024
Effective date
Unavailable
Publication part
Part I

Summary

Summary#

The government published proposed changes to the Immigration and Refugee Protection Regulations to clarify the rule for the International Experience Canada program and to allow limits on how long a foreign youth can work for a single employer. This is a proposal (not law yet) published on March 9, 2024 and the public may comment within 30 days of that publication.

What it does#

  • Adds a specific regulatory authority to issue work permits under youth mobility agreements or arrangements between Canada and:
    • foreign states or territories, and
    • international or domestic organizations.
  • Lets an immigration officer place a condition limiting the duration of work for any one employer on a temporary resident’s work permit.
  • Intends to group the Program’s authorities in one place in the regulations so they clearly cover all partners and types of work under the Program.

Who's affected#

  • Foreign youth who apply to the International Experience Canada program (typically aged 18 to 35) — especially those in the Working Holiday category (about 90% of inbound participants).
  • Canadian employers who hire young temporary foreign workers under the Program.
  • Program administrators: Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA).
  • The change would apply only to new youth mobility agreements (YMAs) with partners that demand or accept employer-duration limits. Canada currently has YMAs with 38 countries/territories and MOUs with 8 organizations. Only 3 existing partners impose employer-duration limits (Hong Kong: 3 months; Australia: 6 months; San Marino: 6 months).
  • The government expects it might discuss YMAs with up to 20 countries in the next five years and estimates as many as 5 of them may raise employer-duration restrictions. In a scenario used in the analysis, up to 6,250 foreign nationals per year could be affected. For context, 76,684 people were approved for the Program in 2019.

Why it matters#

  • Reciprocity: The change would let Canada negotiate more symmetrical agreements. If a partner country limits how long Canadians can work for one employer abroad, Canada could impose a similar limit on that country’s youth working here. That aims to protect opportunities for Canadians overseas.
  • For some foreign participants, an open work permit could become limited by employer — making it harder to find or keep a long-term job with one employer. Employers may face slightly higher hiring costs or turnover if a worker must move after a set time.
  • Expected scale and cost are small: only a small share of partners currently use these limits, the number of affected workers is projected to be modest, and the government estimates one-time implementation costs of $12,000 with minimal ongoing costs.
  • This is a proposed regulation. Comments were invited for 30 days after publication; the rule would come into force only if and when the regulation is officially registered.

Key topics

Immigration and Refugee Protection ActIRPAImmigration and Refugee Protection RegulationsInternational Experience Canadayouth mobility agreementsYMAsWorking HolidayInternational Co-opYoung Professionalsopen work permitduration of work per employerMOUsImmigration, Refugees and Citizenship CanadaCanada Border Services AgencyGlobal Affairs Canada

Source: Canada Gazette

Official source