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CCCA_V5No1_Dept-Immigration-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 2/1/11 6:12 PM Page 15 “ The new regulations place a Corporate Immigration cap on the number of years in 2009, were published in their which a [temporary foreign to how an officer will undertake to final version in August 2010 worker] can work in Canada. investigate an employer’s history in and are effective April 1, 2011, TFW employees have been kept. ” the course of deciding a work per- with retroactive impact. mit application, so it remains to be Counsel will need to understand the seen how the government intends to use new compliance-focused landscape and The genuineness of the job offer will this aspect of the legislation. be sure to have in place administrative consider several factors, but perhaps the The other assessment that an officer safeguards to protect against the risks most concerning will be whether the will undertake of the employer has poten- associated with the new regulations. As of employer,or a recruiter acting on behalf of tially much more serious consequences. April 1, in addition to determining an employer,has previously complied with That assessment requires that the officer whether a foreign national qualifies for a provincial or federal laws regulating satisfy him or herself of the employer’s work permit, an officer will now also be employment or the recruitment of work- past compliance with its commitments to required to undertake two critical assess- ers. Employment standards and human any TFW in its employ. Where an officer ments of the employer offering the job to rights code violations are two areas which determines that the actual working con- the foreign national: whether the job could cause problems in this area. At the ditions, occupation or wages provided to being offered by the employer meets the date of this writing,there has been no fur- a TFW have not been “substantially the statutory definition of a “genuine” job ther guidance issued by the government same” as those contained in the initial job offer; and whether the employer’s past which narrows this broadly written regu- offer, the officer will be required to refuse compliance with its commitments to its lation, nor has there been any guidance as the application. Once an employer is WE CAN HANDLE ANY PITCH. LITIGATIONBOUTIQUE.COM WOODS LLP LITIGATION . ARBITRATION . CLASS ACTION 2000 MGILL COLLEGE AVE. SUITE 1700 MONTREAL, QUEBEC H3A 3H3 T. 5149824545 PRINTEMPS 2011 CCCA Canadian Corporate Counsel Association 15