The rules on Canada’s Temporary Foreign Worker Program was changed last April 1, 2011. The Federal Government made these changes and will likely reduce the attractiveness of the temporary foreign worker program to many employers. The changes made were:
- Implementing a Four Year Cap. A worker who has a temporary working permit has a maximum of four years to work in Canada. The four years is the period that his or her work permit authorizes and not the man days that was rendered.
- Genuineness Test. Employers are required to demonstrate the genuineness of the job offer. The four factors that will be considered are:
- Whether the job offer was made by an employer who is actively engaged in the business
- Whether the job offer is consistent with the reasonable employment needs of the employer
- Whether the employer is reasonably able to fulfill the terms of the job offer
- Whether the employer has shown past compliance with employment regulations
- The substantially the same test. STS involves an assessment wheter the employer has provided to foreign workers wages, working conditions and employment in occupations that were substantially the same as those items set out in the employer’s offer of employment.
- The employer blacklist. Employers who breached the terms offered in a job offer or labour market opinion will not be allowed to participate in the Temporary Foreign Worker Program for a period of two years.