New Regulations, New NOC System and New Median Wage…Oh My!
It has been a busy few months filled with important updates from IRCC – with some revisions presently initiated and other changes on the way. These recent updates each carry unique potential impacts on employers, foreign workers and Canadian Immigration.
New Immigration Regulations Targeting Temporary Foreign Workers in Canada
As of September 26, 2022, new regulations are now in force, impacting both the Temporary Foreign Worker Program and the International Mobility Program. These regulations introduced various amendments aimed at verifying and improving employer compliance, as well as strengthening and enforcing foreign workers’ rights. Among other requirements, employers must:
- Provide foreign workers with a signed copy of their employment contract (consistent with the Offer of Employment), as well as information regarding their rights, on or before the first day of work.
- Make reasonable efforts to provide access to health care services when the temporary foreign worker is injured or becomes ill at the workplace.
- Obtain and pay for private health insurance covering emergency medical care for temporary foreign workers for any time during the period of employment for which the foreign worker is not covered by provincial or territorial healthcare.
- Provide certain attestations and documentation as part of the LMIA application process, including providing a provincial Certificate of Registration to hire foreign workers, if applicable.
It is important that employers take the time to familiarize themselves with these new requirements and revise any existing practices if necessary. Employers may be subject to enhanced inspections, and if non-compliance is found, they may incur severe penalties, including hefty monetary fines and potential jail time.
Stay Tuned for the Upcoming Annual Update to the Provincial/Territorial Median Wages
When hiring a foreign worker under the Temporary Foreign Worker Program, employers must first determine the appropriate avenue for submitting the application by way of assessing the wage offered to the foreign worker, relative to the median wage for the applicable province/territory. Based on the latest available labour market information, Service Canada performs an annual review and publishes an update to the median wages. We can expect to receive more information regarding this update during the week of November 14, 2022.
Coming Soon: Canada’s New National Occupational Classification (NOC) System
On November 16, 2022, Canada will begin using the 2021 NOC system. In addition to the new five-digit NOC codes, the new NOC system will introduce a revised classification of occupations based on Training, Education, Experience and Responsibilities (TEER), rather than skills levels (A, B, C, D, 0, and 00). Under the new system, occupations in TEERs 0, 1, 2, and 3 will be eligible for Express Entry programs. For more information regarding this new system, please see our last blog post, focusing on this topic!
Please refer to our LinkedIn page to get access to online webinars or articles posted on the most recent Canadian immigration updates. To discuss the details of your situation, please reach out to our office and we will gladly assist