Legal News

New Minimum Recruitment Requirements for the Temporary Foreign Worker Program

On January 1, 2009, the occupations under pressure list initiative of Citizenship and Immigration Canada’s Temporary Foreign Worker Program will be replaced by new national advertising requirements. These requirements will clarify and standardize the Labour Market Opinion process for employers across Canada.

All employers will be subject to the same minimum advertising requirements, which are outlined on Human Resources and Social Development Canada’swebsite. Employers must be prepared to demonstrate that they meet the advertising requirements by providing proof of advertising and the results of their efforts to recruit Canadians or permanent residents. Records of an employer’s efforts should be kept for a minimum of six years, as stipulated in certain provincial and federal legislation, such as the Income Tax Act. If an employer fails to comply with the requirements, its application to the Temporary Foreign Worker Program will be refused.

Under the new directive, if a unionized employer wants to hire a temporary foreign worker for a position that is covered by a collective agreement, it must agree to pay the higher of the rate established by the collective agreement and the prevailing rate established by HRSDC/SC. In addition, if the employer offers benefits to Canadian workers or permanent residents, the same benefits must also be extended to temporary foreign workers.

The new advertising directive will be posted on HRDC/SC’s website on January 1, 2009.