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Two new regulations for the Temporary Foreign Worker (TFW) Program will come into effect on April 1, 2011.

Under the first regulation, once a TFW has accumulated four years in Canada, they cannot work in the country again for at least four years. For the purpose of these regulations, a TFW’s years start accumulating after April 1, 2011 – this means workers already in Canada will not be affected by the changes until 2015. The federal government designed these changes to underscore the temporary nature of the program. Individuals who wish to stay in Canada past the four-year period should apply for permanent residency through federal immigration channels or provincial nominee programs.

Under the second regulation, employers who breach their employment contract with a TFW will be barred from accessing the program for two years. A list of these ineligible employers will be made available on Citizenship and Immigration Canada’s (CIC) website.

CRFA action

Originally, the government wanted TFWs to not work for at least six years in Canada, following four years of employment in the country. CRFA successfully lobbied to reduce that period. To minimize the impact on employers and TFWs already in Canada, we also convinced government to only count the years following implementation. Additionally, CRFA supported measures to prevent unethical employers from accessing the TFW program and worked with government to develop regulations that protect workers’ rights and program integrity.