BC takes measures to Protect Temporary Foreign Workers - CareerOverseas

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BC takes measures to Protect Temporary Foreign
Workers
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BC takes measures to Protect Temporary Foreign
Workers

• British Columbia plans to introduce new rules to
  cover the 20,000 Temporary Foreign Workers who
  intend to work in the province.
• Passing of the Bill
• Moreover, it passed Bill 48, the BC Temporary
  Foreign Worker Protection Act, recently. It will
  lead to creating registries for recruiters and
  employers who intend to use the TFW Program.
  Through this Program employers get the
  opportunity to employ overseas Workers
  Temporarily to Canada for doing the jobs when
  they do not find permanent residents or local
  citizens.

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Positive LMIA

• An important part of the process is gaining a
  positive LMIA, where there are strict
  requirements and an advertising period for a job
  which is mandatory. The Bill 48 got royal
  assessment in Nov 2018. Rules to bring the act
  into force will be implemented in 2019.
• There will be two registries for Recruiters, and
  Employers. The execution means that all agencies
  and recruiters must hold a license. Moreover, the
  employers must hold a Registration Certificate
  issued by the Provincial Government.
• The process of Registration
• The process of Registration is online and carries
  no cost. The Licenses/Certificates are valid for
  three years. The act has a provision for
  expansion of enforcement tools that are available
  to the provincial officials of BC. Furthermore
  there is a prohibition of practices, like
  misrepresentation of employment opportunities,
  issuing threats of deportation without a valid
  cause, and also of holding a passport.

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Tough penalties

• Additionally there will be tough penalties for
  violators of the act. It envisages a fine of
  50,000 for an individual employer, and also a
  year in jail. The companies need to pay a fine of
  100,000 in such cases.
• Moreover, the act clearly defines that recruiters
  can charge the employers only for recruitment
  services. Employers must not recover recruitment
  expenses from workers by reducing wages/benefits.
• Bans and violations
• Federally the TFWP is under the purview of the
  Department of Employment and Social Development
  in Canada. ESDC also has a power to ban such
  employers to use this program for two years.  It
  can impose a fine also.  The ESDC has a system
  based on points for judging the severity of
  violations. They can use the Period of
  Ineligibility and the Administrative Monetary
  Penalty as a primary punishment.

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