Stronger protections for temporary foreign workers

Summary#

This is a proposed amendment package to the Immigration and Refugee Protection Regulations called the Regulations Amending the Immigration and Refugee Protection Regulations (Temporary Foreign Workers). Published in the Canada Gazette on July 10, 2021, it would add new employer duties and stronger enforcement tools to protect temporary foreign workers if adopted; interested people had 30 days to comment. The government’s analysis estimates total costs of $37,677,828 (present value, 2021–2030) and total benefits of $30,523,418, for a net monetized cost of $7,154,410 over that period.

What it does#

• Requires employers to give each temporary foreign worker a signed employment agreement and a paper copy (in the worker’s chosen official language) of the latest government information about their rights, and to post that information at the workplace.
• Expands the definition of “abuse” to explicitly include reprisal (punishing a worker for reporting problems).
• Prohibits employers and recruiters from charging or recovering recruitment-related fees from the worker (with some limited exceptions for visa fees).
• Requires employers in the Temporary Foreign Worker Program (TFWP) to obtain and pay for private insurance that covers emergency medical fees for any period a worker is not covered by provincial or territorial health insurance (some program exceptions apply).
• Creates a workplace duty to make reasonable efforts to provide access to health care when a worker is injured or becomes ill at work.
• Gives officials at Employment and Social Development Canada and Immigration, Refugees and Citizenship Canada authority to require documents from third parties (like banks or payroll firms) to check employer compliance.
• Shortens the time employers have to respond to a notice of preliminary findings from 30 days to 15 days (extensions may be granted in some cases).
• Tightens the Labour Market Impact Assessment (LMIA) process for the TFWP:
  • New assessment rules for employers who have not used the program in the last six years.
  • Allows suspension of LMIA processing when there is reason to suspect employer non‑compliance.
  • Makes wage consistency and labour-dispute impacts stand-alone pass/fail tests in LMIA decisions.
• Confirms ESDC’s authority to collect information about compliance with the International Mobility Program (IMP) and makes technical and French/English harmonization fixes.
• If adopted, the regulations would come into force 30 days after registration (the proposal says implementation work and training would follow).

Who's affected#

• Temporary foreign workers in Canada under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) — they would gain clearer written rights, insurance protections (mainly under TFWP), and explicit protection from reprisals.
• Employers who hire temporary foreign workers — they would face new obligations (contracts, posting rights, attestations) and potentially higher costs (especially for private emergency insurance in some provinces).
• Recruiters and third-party service providers (banks, payroll firms) — they must not charge workers forbidden fees, and they may be asked for records in inspections.
• Small businesses — the government estimates 47,272 small businesses could be affected and notes compliance costs for small employers.
• Provincial and territorial authorities and the general public may notice changes because LMIA decisions and inspections could be stricter and workplaces healthier.

Why it matters#

• For workers: the changes aim to reduce abuse and exploitation by making key protections explicit (written employment terms, posted rights information, health access, insurance for emergency care, and reprotection from reprisals). That can mean faster access to care and clearer evidence if a worker needs to report problems.
• For employers: clearer rules should reduce accidental non‑compliance, but some will face extra administrative steps and costs (the government estimates employer costs for insurance and paperwork are significant).
• For the public and the labour market: the government argues better oversight and stronger LMIA checks will protect Canadian wages and workplace standards and reduce the risk of workers entering abusive situations.
• For enforcement: giving officials power to get third‑party documents and to suspend LMIA processing when there’s suspected non‑compliance is likely to speed investigations but could also delay some hiring while checks are done.
• The proposal balances quantified costs ($37,677,828) and benefits ($30,523,418) over 2021–2030, noting additional non‑monetized benefits such as reduced mistreatment and safer workplaces.