Government of Canada takes early action to improve the
Temporary Foreign Worker Program

On December 13, 2016 the Employment and Social Development Canada together with Immigration and Citizenship issued the following news release pertaining to the Temporary Foreign Worker Program:

Improving access to job opportunities for Canadians and creating the conditions for growth will help families in the middle class and those working hard to join it. That’s why today, the Honourable John McCallum, Minister of Immigration, Refugees and Citizenship, and the Honourable MaryAnn Mihychuk, Minister of Employment, Workforce Development and Labour, announced first steps as part of the Government’s commitment to bring forward a suite of meaningful changes to make the Temporary Foreign Worker Program work for workers, for employers and for the Canadian economy. These initial improvements are being taken now while the Government continues to work on the development of a more comprehensive policy.

In order to prevent unnecessary hardship and instability for both workers and employers, the four-year cumulative duration rule will no longer apply to temporary foreign workers in Canada, effective immediately. The cumulative duration rule, known as the “four-in, four-out” rule, was put in place in April 2011, limiting work for some temporary foreign workers in Canada to four years who then became ineligible to work in Canada for the next four years.

The Government will maintain the cap on the proportion of low-wage temporary foreign workers that can be employed at a given worksite at 20 percent for employers who accessed the Program prior to June 20, 2014, and at 10 percent for new users of the Program after that date. The exemption on the cap for seasonal industries seeking temporary foreign workers for up to 180 days during the 2017 calendar year will be extended until December 31, 2017.

These early actions are in line with recommendations made by the Standing Committee on Human Resources, Skills and Social Development and Status of Persons with Disabilities, which undertook a study of the Temporary Foreign Worker Program. The Government will table a full response to the Standing Committee’s recommendations in the New Year.

Associated Link: HUMA Report: Temporary Foreign Worker Program