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Canada - crackdown on employers who are non-compliant

January 2014, 31
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From the beginning of April 2011 Citizenship and Immigration Canada (CIC) and Canada Border Services Agency (CBSA) have deployed officers to all points of access. The officers have making careful assessments of employer's previous history regarding their track record of compliance to agreements when taking on foreign workers on a temporary basis.

Canadian employers who intend to employ temporary foreign workers are obligated to abide by the terms and conditions set out in the original offer of work. All of the employers are requested to provided confirmation which proves that they provide wages to the workers, have suitable work conditions set out, and that the employee is fits in with the work positions which are listed in the Offer Of Employment or the Labour Market Opinion Annex.

The CIC have obtained a greater level of access to employers data over the past three years. This allows officers from CIC and CBSA to look for specific employers. The CIC and CBSA have distributed a full comprehensive memoranda of understanding to divulge the information amongst two government organisations. The organization's officers  keep a database which is up to date and enables them to look at the history for every employer that has taken part in the Temporary Foreign Worker Program (TFWP).

Under recent changes an employer deemed non compliant by the CIC, CBSA or Service Canada, may face strict consequences, some of which can have serious effects relating to whether or not the employer can take on foreign workers in the future. If a ban is imposed the employer will not be allowed to take part in the program for up to two years and their full details will be added to a ban list which can be accessed by the public. Offences regarding immigration issues can result in being imprisoned for up to two years or a fine of $50,000,00 more serious offences where documents and or facts have been withheld, can see a prison sentence of up to five years.

In some situations, visas and permits can and will be revoked from the holder, resulting in deportation or imprisonment depending on circumstances surrounding the offence. The changes which are now in place will without doubt have significant results to a number of workers and employers in Canada as there a quite a few companies who do not comply to the agreements.

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