CLASS ACTION AUTHORIZED AGAINST CANADA ALLEGING UNCONSTITUTIONALITY OF "EMPLOYER-TYING MEASURES"(1) IMPOSED ON TEMPORARY FOREIGN WORKERS, INCLUDING EMPLOYER-SPECIFIC OR "CLOSED" WORK PERMITS

MONTREAL, June 28, 2025 /CNW/ - On September 13, 2024, the Superior Court of Québec authorized the Association for the Rights of Household and Farm Workers to institute a class action against the Attorney General of Canada.

The Association argues that "employer-tying measures"¹ imposed on temporary foreign workers², including employer-specific work permits or "closed" work permits, breach sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms. The Association asks that certain provisions of the Canadian Immigration and Refugee Protection Regulations be declared unconstitutional, and that Charter damages (monetary compensation) be paid to all members of the class action.

The Attorney General of Canada contests the merits of the class action, which will be determined by a trial to be scheduled at a later time.

A person is automatically a member of this class action IF they worked in Canada after April 17, 1982 without having been a Canadian citizen or a permanent resident of Canada at the time, AND IF they meet at least one (1) of the following conditions:

• They were issued a work permit which included the condition of working for a specific employer (or group of employers) or at a specific employer's workplace (or group of workplaces):
  
  
  • They meet this condition if they were hired through the Temporary Foreign Workers Program (TFWP), the Seasonal Agricultural Worker Program (SAWP) or the Non-Immigrant Employment Authorization Program (NIEAP).
    
    
  • They also meet this condition if they were hired through the International Mobility Program (IMP) or another immigration stream or program and their work permit included the condition of working for a specific employer (or group of employers) or at a specific employer's workplace (or group of workplaces).

OR

• They were authorized to work in Canada without a work permit because they were employed by a foreign entity on a short-term basis, or because they were employed in a personal capacity by an individual who was not a Canadian citizen or permanent resident. This category:
  
  
  • includes domestic workers, personal assistants or caregivers (nannies or au pair) who entered Canada along with their employers, or to join their employers for a short-term in Canada;
  • includes accredited domestic workers employed in a personal capacity by certain foreign representatives, such as ambassadors, high commissioners, heads of international organizations, special representatives, or individuals occupying similar positions;
  • does not include individuals who were employed by a foreign State or other foreign entity to work at an embassy, a high commission, a consulate, a permanent delegation to a United Nations agency, or a special representative office;
  • does not include individuals employed by the United Nations, its agencies or an international organization of which Canada is a member.

Individuals who meet those criteria are automatically included in the class action. They are not required to do anything further to become members of the class action. They will never have to pay legal costs arising from the class action.

If a person does not want to be included in the class action, they may opt out of the class action by August 27, 2025 at 4:30 PM at the latest. The means of opting out and the consequences of doing so are explained in the detailed notice to members of the class action:

https://www.registredesactionscollectives.quebec/fr/Consulter/ApercuDemande?NoDossier=500-06-001263-231

¹ The Attorney General of Canada contests the qualification of the challenged provisions as "employer-tying measures", which comes from the Association's allegations and the authorization judgment.

² Sometimes referred to as migrant workers.

SOURCE Davies Ward Phillips & Vineberg LLP

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