Canadian Temporary Foreign Worker Compliance Audits Increase

March 21, 2012:

Recently there has been an increase in compliance audits, including assessments, to ensure TFWs are working under Subtantially the Same (STS) terms and conditions of employment set out in the Labour Market Opinion (LMO) confirmation letter and annex.

It has been almost a year since Human Resources and Skills Development Canada (HRSDC) announced new rules for employers hiring foreign nationals under the Temporary Foreign Worker (TFW) Program .  These new rules are aimed at ensuring that employers meet their responsibilities under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR).

Essentially, new criteria was added to guide the assessment of the genuineness of a job offer, the requirement for employers to ensure the wages, working conditions and occupation of the temporary foreign worker are Substantially the Same (STS) as the terms and conditions of the job offer and the establishment of a maximum cumulative duration for the worker followed by a period of his/her ineligibility to work in Canada.

More information on the Temporary Foreign Worker Program audits, employer’s responsibilities and the impact of partial or full non-compliance can be found on the HRSDC web site.

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