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Canada adds to temporary foreign worker rules

August 07, 2013

Human Resources and Skills Development Canada today announced additional reforms to the Temporary Foreign Worker Program. The Canadian government has now implemented a user fee for employers applying for labor market opinions along with new language and advertising requirements for the program.The following reforms are now in effect, as of July 31, 2013:

  1. A new C$275 processing fee for each temporary foreign worker position that an employer requests through a “labour market opinion”.
  2. English and French are the only languages that can be identified as a job requirement in advertisements and labour market opinion applications by employers intending to hire temporary foreign workers. Exceptions will be made in rare and specialized circumstances only when the employer can demonstrate that another language is essential for the job, such as for a tour guide or translator.
  3. Employers will now need to make greater efforts to hire Canadians before they will be eligible to apply to hire temporary foreign workers. New advertising requirements essentially double the length and reach of employers’ advertising efforts, which will increase Canadians’ awareness of available jobs.
  4. Additional questions have been added to all labour market opinion applications to ensure that the program is not used to facilitate the outsourcing of Canadian jobs.

The reforms do not apply to on-farm primary agriculture occupations and are in addition to changes to the program announced in April, which Staffing Industry Analysts reported on here.