New legislation imposes greater penalties on businesses that violate
TORONTO, Aug. 24 /CNW/ - Employers with temporary foreign workers (TFW)
in Canada now face greater government scrutiny, greater penalties for
certain regulation violations, and shorter work permits due to new
regulations imposed by the Canadian government, says Egan LLP. Egan LLP
is a business immigration law firm allied with Ernst & Young.
"Businesses in Canada need to understand the impact of these new
regulations in order to maintain access to the global labour market,"
says Jonathan Leebosh, immigration lawyer with Egan LLP. "These changes
affect all temporary foreign workers in Canada, from general labourers
to executives, and current and future employees."
Although the new regulations are now law, businesses have until April 1,
2011 before they come into full effect. There are several critical
changes to the Canadian work permit scheme including:
Shorter stay periods: TFWs are limited to work on a permit for
a period of no more than four years. Previously, there was no defined
limit. Any permit extensions for TFWs who have been working in Canada
for a cumulative period of four years will not be granted. Exceptions
include TFWs performing work that creates significant social, cultural
or economic benefits for Canada or performing work pursuant to an
international agreement (e.g., NAFTA).
Significant penalties for violations: Employers face a two-year
ban of hiring any temporary foreign workers if found in violation of
breaking commitments to current TFWs or if found not to have a genuine
job offer. The hiring ban would affect new hires and relocations to
Canada, as well as short-term workers (e.g., consultants and employees
with cross-border responsibilities), and would impact those already in
Canada seeking extensions to their permits.
"Employers must review their current immigration policies and
procedures, and develop well-planned strategic approaches to their
non-Canadian worker usage," says Leebosh. "Businesses need to be
diligent about immigration compliance across their operations. Under
these new regulations, a single violation can see a company banned from
accessing the global labour market, which few businesses can afford
during the ongoing war for talent."
Egan professionals are available to explain the new Canadian immigration
regulations changes, as well as discuss how businesses can amend their
current policies and procedures around temporary foreign workers.
About Egan LLP, Business Immigration Lawyers
Egan is a Canadian business immigration law firm, allied with Ernst &
Young. Egan works along side Ernst & Young's worldwide network of
immigration professionals providing visa and immigration assistance to
businesses operating globally. For more information, please visit
About Ernst & Young
Ernst & Young is a global leader in assurance, tax, transaction and
advisory services. Worldwide, our 144,000 people are united by our
shared values and an unwavering commitment to quality. We make a
difference by helping our people, our clients and our wider communities
to achieve their potential. For more information, please visit ey.com/ca.
SOURCE EY (Ernst & Young)
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