In a Bulletin released in March of 2011, we outlined important amendments to the Immigration and Refugee Protection Regulations (“IRPR”) concerning temporary foreign workers.  One important consequence of these amendments is that employers can be deemed ineligible to hire new temporary foreign workers if existing foreign workers have not been provided with “wages, working conditions and employment in an occupation” that are “substantially the same” as the terms and conditions of the initial job offer (the “STS requirement”).  Employers who are found to be non-compliant may be issued a negative labour market opinion and may be denied access to the temporary foreign worker program for a period of two years.  Non-compliant employers may also be publically listed on the Human Resources and Skills Development Canada (“HRSDC”) website. 

To demonstrate compliance, employers must keep detailed records.  In addition to the payroll records that employers are required to keep under the Employment Standards Act, HRSDC recommends that employers maintain records of the following documents:

• job descriptions of the positions held by temporary foreign workers;
  
• company policies regarding terms and conditions of employment;
  
• copies of work permits for all temporary foreign workers;
  
• copies of labour market opinions for all temporary foreign workers; and
  
• proof of workers compensation coverage.

The STS requirement reinforces the employer’s obligation to maintain the terms and conditions of employment that were initially offered to a temporary foreign worker.  By carefully maintaining the records listed above, employers can be proactive in ensuring they will continue to have access to the temporary foreign worker program.

For more information please phone 604.685.3546 and ask to speak to a member of our Labour & Employment Group.