Immigration Compliance Changes – Are you Ready?

Special many thanks to Sarah Adler, Immigration Legal Counsel, and Simran Nandha for their help with this website.

Additional to the improved compliance specifications from Employment and Social Advancement Canada (ESDC) and Immigration, Refugee, and Citizenship Canada (IRCC) on all businesses which commenced on September 30, 2022 (Federal government of Canada strengthens protections for temporary international employees as new regulations occur into power – Canada.ca), IRCC has now incorporated these necessities in its normal audits on companies participating in the Momentary International Do the job Permits method in Canada.  In unique, the audits are focused on employees’ legal rights and application compliance.

Specially, these changes to standard audits are requesting specific documentation that has not previously been requested of employers, which includes:

• Proof that the personnel been given a copy of the pamphlet entitled Global Mobility System: Get to Know Your Rights Although operating in Canada. See the adhering to backlink:  Intercontinental Mobility Method – Get to know your legal rights even though doing work in Canada – Canada.ca
  • A duplicate of the pamphlet must be presented to the worker in their official language of option on or just before the initially working day or get the job done, and evidence of provision of the pamphlet need to be supplied on request.
  • The pamphlet need to also be conveniently accessible inside of the workplace in both of those formal languages.
• Evidence that the firm is compliant with recruitment legislation in the applicable Province (if relevant)
• Copy of the work settlement signed by the employer and the overseas employee prior to the submission of the foreign worker’s get the job done allow application (which is indicated in the attestation part of the Present of Employment submitting)
  • Note that IRCC is presently recognizing that Employment Agreements amongst the overseas worker and the Canadian organization are not often relevant, for example in the situation of intermittent travellers, and are currently examining their placement on this. In the meantime, we advise that applicants at the very least have an assignment letter from the enterprise confirming the terms and problems of their employment in their dwelling office environment remains relevant.
• Copies of guidelines and techniques that handle situations of abuse in the do the job drive, and a description of the mechanism to take care of situations of abuse
• Proof of education within the very last two many years furnished to personnel and supervisors to figure out and address abuse.

In individual these compliance demands are being applied to superior safeguard momentary international employees from possible reprisal by employers for bringing forward affordable problems and prohibiting employers from charging recruitment costs to staff.  Also, there is an enhanced aim on delivering non permanent overseas employees with acceptable entry to wellbeing care solutions.

Must you have any thoughts regarding the previously mentioned, please feel absolutely free to get to out to the Employment or Immigration groups here at Baker McKenzie.