It is becoming increasingly common to rely upon Temporary Foreign Workers in British Columbia, especially in sectors such as hospitality, construction, and agriculture. As we come into spring and summer in the Fraser Valley and the demand for farm workers rises, you may be considering hiring a temporary foreign worker, but are unsure where to start or how to do so.
What is a temporary foreign worker?
A temporary foreign worker is an individual who enters Canada on a work permit, which usually entitles them to work in BC for a period of two years. Usually, a temporary foreign worker will be required to return to their home nation after two years, but there are avenues for some temporary foreign workers to obtain permanent residency, and even eventually Canadian citizenship, in certain specific circumstances.
If you are a foreign national who is coming to British Columbia for work or looking for work in BC, we can help you apply for a work permit, visitor visa, and a social insurance number so that you are legally allowed to work in Canada. If you want to know if you may be eligible to become a permanent resident in Canada, we can help with that too.
How do I hire a temporary foreign worker?
The Temporary Foreign Worker Protection Act requires employers to register with the Employment Standards Branch. This process involves providing information about your business, how many foreign workers you intend to hire, and how you intend to recruit workers. Once your application is made, you will be approved to hire temporary foreign workers for a period of three years, after which you will need to reapply.
Once you have been issued a certificate of registration by the Employment Standards Branch, you will have to apply for and obtain a Labour Market Impact Assessment (LMIA) before you are able to hire a temporary foreign worker. This is a necessary process to prove that there are no Canadian citizens or permanent residents available who are able and willing to fill the position which you are seeking to fill with a temporary foreign worker.
Once you have obtained a LMIA, you will be able to hire a temporary foreign worker through a licensed recruiter, or on your own, for the position that you have received the LMIA for. If you are intending to hire a temporary foreign worker for more than one position, you will need to obtain separate Labour Market Impact Assessments for each position.
After hiring a Temporary Foreign Worker
Once you have hired a temporary foreign worker, your work as an employer is not done. Just like all workers in BC, temporary foreign workers have rights under the Employment Standards Act that must be respected by the employer. Temporary foreign workers have additional protections under the Temporary Foreign Worker Protection Act, which mostly relate to ensuring employers do not abuse their position of power as it relates to the worker’s temporary status in Canada. For example, you are not able to threaten deportation without lawful cause or restrict access to the foreign worker’s passport or other official documents.
It is also required that all temporary foreign workers have a properly written employment contract, and that you keep all employment records for at least four years after the employee has stopped working at your business. When hiring temporary foreign workers, it is important to ensure that all your employment records are up to date and in order in the case you are subject to an audit.
If you have any questions about your employee’s rights or your obligations as an employer under either the Employment Standards Act or the Temporary Foreign Workers Protection Act, or if you would like help in drafting an employment contract, please contact our office.
We can also help ensure that your employment records are up to date and help you with any step of the process in hiring a temporary foreign worker, from handling your registration application to helping you conduct a LMIA.
We also provide a whole suite of legal services, so if you need legal advice for this or any other issue, we can be reached at 604-705-0022 or by email at info@sorensensmith.com.