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Canadian access Changes to the Temporary Foreign Worker Program mean companies must be prepared. By Vawn Himmelsbach Canada has a history of turning to foreign workers to fill in skill shortages and maintain a competitive edge. The problem is, over the years, lack of accountability and consequenc- es has led to some abuse of the system, and the federal government decided it was time for an overhaul. As of April 1, changes to the Temporary Foreign Worker Program come into effect, which will have a significant impact on any Canadian businesses that use workers under that category. The changes affect any government department involved in the process, including Citizenship and Immigration Canada, Canada Border Services Agency, and Human Resources and Skills Development Canada. The government is seeking to pro- tect temporary foreign workers from exploitation and increase employer accountability, which includes denial of service provisions. The changes are also meant to protect the Canadian labour market and reinforce that the TFWP is just that — a temporary program. Most people wouldn't argue against the better treatment of foreign workers, or better opportunities for Canadians, but there will be some situations where the new regulations could be problem- atic. As this article went to press, many details about the changes had still not been announced, and it's unclear if there will be exemptions, or which categories will be exempted, such as workers under NAFTA or other inter- national agreements. The changes The new regulations will require a more rigorous assessment of the for- eign worker offer of employment, cap the maximum cumulative period at four years, and provide for denial of service provisions. Since 2002, employers have been allowed to bring in lower-skilled for- eign workers, and these workers are more vulnerable to abuse, says Remi Lariviere, a spokesman for Citizenship and Immigration Canada. The feds put out brochures and held information ses- sions. "But we found it was not enough so we needed to make some changes to the regulations," says Lariviere. Employers will be required to pro- vide more information to prove the genuineness of the job offer and prove they were compliant in the past two years with previous job offers. If there's an issue, they have to provide a justifi- cation (such as an administrative error). Otherwise, they could be banned from the program for two years, and there's INHOUSE APRIL 2011 • 31