act which outlines the regulations of the Temporary Foreign Worker (TFW) program. The new change states that if an employer who employs a foreign national that has violated any element of the act: will face potential consequences of up to $100,000 in fines, up to two years jail time, business name added to a public blacklist and a two-year ban from the TFW program. It is also clearly outlined that ignorance is no longer an excuse.

Violations include:

1. Foreign worker paid fees to another individual for the sole purpose of obtaining a job with your business 
2. Semi-skilled candidates were required to pay for their transportation
3. Utilizing the services of an unscrupulous recruiter for the purposes of hiring a TFW 

What this means to you

Employers can no longer engage in a working relationship with unethical recruiters without breaking the law. Any recruiter who does not charge you a recruitment fee or charges only a minimal amount should be suspect. There are serious consequences for the employer if it is discovered that TFWs were charged fees before they entered Canada. Foreign workers are encouraged to report these payments once they arrive. The employer shoulders all of the responsibility for the fees charged and any legal action taken by the government. 

Employers must investigate any agent who purports to recruit temporary foreign workers, or is just helping friends come to Canada.  Most of these operators do not have the infrastructure to support a strategic and ethical recruitment strategy for your business.  And most are charging fees to workers for your position.  Check with your professional organization such as the CRFA or your corporate Human Resources Department if you are a franchise owner or manager of a multi-unit restaurant group.  Many companies have approved foreign recruiters that have been vetted for ethical and compliant practice.  Ask for references from potential recruitment firms.

Remember, ultimately you are the one holding the bag when it comes to agency bad behaviour. Protect yourself and your brand. 

GENERAL OFFENCES

Contravention of Act

124. (1) Every person commits an offence who

(a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act;

(b) escapes or attempts to escape from lawful custody or detention under this Act; or

(c) employs a foreign national in a capacity in which the foreign national is not authorized under this Act to be employed.

Deemed knowledge

(2) For the purposes of paragraph (1)(c), a person who fails to exercise due diligence to determine whether employment is authorized under this Act is deemed to know that it is not authorized.

Due diligence defence

(3) A person referred to in subsection 148(1) shall not be found guilty of an offence under paragraph (1)(a) if it is established that they exercised all due diligence to prevent the commission of the offence.

Penalties

125. A person who commits an offence under subsection 124(1) is liable

(a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or

(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

IMPORTANT: MANDATORY requirements for using authorized immigration representatives and TFW Program guidelines:

www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/communications/Bill_C35.shtml
www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/lowskill.shtml



Diamond Recruiting is a CRFA-approved foreign recruiter, and CRFA members are entitled to a 5% discount when using Diamond’s services.  Contact Diamond at 416-730-0029 ext. 240/1-888-886-8209, or by email at crfa@diamondglobal.ca.

Not a CRFA Member? Click here to join.

 

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