Changes to Temporary Foreign Worker program
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(May 06/09) In response to rising unemployment and calls for increased protection for temporary foreign workers, the federal government has announced three changes to the Temporary Foreign Worker (TFW) program: 

1. Extensions to labour market opinions eliminated

Effective Apr. 27, lower-skilled occupations under the TFW program will no longer be eligible for extensions to labour market opinions (LMOs).  If you who wish to retain an employee for a period longer than permitted under the original LMO, you must now obtain a new LMO. 

To allow for processing time, employers should apply for a new LMO four months before the existing one expires. 

This change comes on the heels of a decision by the department of Human Resources and Skills Development Canada (HRSDC) to issue one-year LMOs instead of two-year opinions in some regions. 

CRFA is concerned about this change as it significantly increases the administrative burden on employers participating in the Temporary Foreign Worker program. 

For more information about this change, visit the HRSDC website.

2. Proof of past compliance may be required

When applying for a new LMO, you may be asked to demonstrate proof of past compliance with the terms of previous offers of employment to temporary foreign workers (e.g. wages and working conditions). 

Employers who did not comply with the terms of their previous offers of employment could receive a negative LMO and would not be able to bring in new workers or keep their existing worker for a longer period. 

For more information about this change, visit the HRSDC website.

3. Voluntary monitoring program introduced

Employers participating in the TFW program are also asked to participate in a voluntary monitoring program, to ensure employers respect the terms of the employment contract and follow all applicable labour laws. 

For more information on the voluntary monitoring program, visit the HRSDC website.

CRFA continues to work with federal and provincial governments to ensure Canada’s TFW program is administratively efficient, able to respond to short-term labour market needs and protects the rights of foreign workers and their employers. 

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