Sanctions, Restrictions and Immigration — Upcoming Changes to the Temporary Foreign Worker Program

Changes to the Temporary Foreign Worker Program, including hard caps on the length of time temporary foreign workers can stay in Canada and new sanctions against employers who fail to comply with their commitments to temporary foreign workers, are slated to take effect on April 1, 2011. Companies would be well advised to prepare for the changes now, starting with conducting an immigration audit of their existing workforce in Canada.

Two-Year Ban for Non-Compliance

Starting in April 2011, the government will assess employers who are seeking to hire temporary foreign workers against past compliance with program requirements. In cases where employers have not met their previous commitments to workers with respect to wages, working conditions and occupation, the employers may be denied access to the temporary foreign worker program for two years. Offending employers' names would also be published on the Citizenship and Immigration Canada website.