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CCCA_V5No1_Dept-Immigration-FIN.qxd:CCCA_V1No2_Dept-CourtLeg-V1.qxd 2/1/11 6:13 PM Page 16 Corporate Immigration found to have broken these commitments to the TFW, all of the employer’s job offers to TFWs for the ensuing two years will be deemed to be lacking “genuineness,” and work permit applications will, accordingly, be refused. Additionally, the employer’s name and contact information will be posted on Citizenship and Immigration Canada’s website and TFWs will be penalized for accepting offers from any employer on this blacklist. Changes in employment duties,promotions,and reductions or increases in wages or working hours are examples of com- mon situations that could result in serious, long-term conse- quences for businesses. Establishing processes now to ensure The appeals process demands detailed that any proposed changes in the terms of employment are and discriminating analysis of the addressed in advance is critical. existing record. It rewards the insight One other change is likely to have a significant impact on a company’s labour strategy.The new regulations place a cap to identify and articulate a strategy on the number of years in which aTFW can work in Canada. upon which a case will turn. It favours While there are some key exceptions to this new cap, effec- those with an intimate understanding of tive April 1,2011,aTFW will be allowed to remain in Canada the procedures and perspectives that on a work permit for a cumulative period of up to four years, after which they will be barred from having another work define our appeal courts and Supreme permit until another four years have passed.In order to ensure Court. It is an unforgiving environment that critical employees are able to remain in Canada and con- for those who approach unprepared. tinue to contribute to the company’s success, businesses will have to take a more active role in tracking their employees In the appeals process, encouraging and supporting the permanent residence applica- tions of these TFWs. he who wins last, wins. CIC has often expressed its frustration with the tools it has had at its disposal to enforce employer compliance.These Call us. new regulations have increased these tools and counsel need to take note and understand that closer and ongoing scrutiny of a company’s administration of its foreign worker popula- tion will be now be required. Managing the administration of TFWs working within an organization will become more complex, and failing to do so will have potentially sig- nificant consequences. It is anticipated that further narrowing of the regulations and guidance will be provided in the CIC policy manuals. In the interim, employers would be well advised to conduct an inter- Toronto: 416 867 3076 nal audit to ensure that the wages, occupation or location of Earl Cherniak, Q.C., Kirk Boggs, Mark Freiman, employment of theirTWFs are not inconsistent with the initial Kirk Stevens, Jasmine Akbarali, Brian Radnoff, Cynthia Kuehl job offer or the conditions of a labour market opinion. London: 519 672 4510 Jonathan Leebosh is a Canadian immigra- Peter Kryworuk, Ian Leach, Andrew Murray, tion lawyer and practice leader with Egan Carolyn Brandow LLP, Business Immigration Lawyers in Toronto. He works with corporate counsel and Lerners LLP is 100-plus lawyers with a proud history human resources departments to develop cor- of 80 years of successful litigation. porate compliance strategies and obtain work www.lerners.ca/appeals permission for employees coming to work in Canada.