The Government of Canada has now expanded the scope of compliance inspections on employers. Effective April 20, 2020, employers of foreign workers will be subject to additional requirements. Key obligations now include:

  • Ensuring that the employer is not preventing the foreign worker from respecting their obligations under the Quarantine Act, the Emergencies Act or provincial legislation;
  • Ensuring that the foreign worker is paid “substantially the same” wage during their 14-day mandatory self-quarantine period; and
  • Additional obligations are in place for employers who provide accommodations to foreign workers.

Service Canada will be conducting inspections on employers to ensure that they are compliant with the new Covid-19 related conditions. Employers can be found to be non-compliant for their failure to follow the new regulations in addition to the existing compliance obligations. Penalties for non-compliance can include Administrative Monetary Penalties, bars from using the Temporary Foreign Worker Program and/or the International Mobility Program, revocation of existing LMIAs/Work Permits, and publication on a list of non-compliant employers.

Author

  • Valerie Kleinman

    Valerie Kleinman is a Senior Associate at Green and Spiegel LLP in Toronto who specializes in Citizenship and Immigration law.

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