Salary Increases And Temporary Foreign Workers — Are You Compliant?

There have been many changes to the Temporary Foreign Worker Program (TFWP) over the last year, with an emphasis on employer compliance.

Service Canada updated its “Employer Compliance” webpage in late June. It now sets out in more detail the various compliance obligations and conditions placed on employers that use Temporary Foreign Workers (TFWs), and includes links to the regulations that create the requirements. The webpage also sets out best practice suggestions for employers.

Salary Increases and Compliance

One of the new sections of the webpage deals with how employers should handle salary increases of TFWs who hold LMIA-based work permits. 

Service Canada has set out information on salary increases and when such increases may fail to meet the “substantially the same – but not less favourable” test (“STS test”). There is a regulatory requirement that employers must provide wages and employment conditions to TFWs that are “substantially the same – but