Legal Considerations for Hiring International Workers in Canada

Hiring internationally can help you find the skilled workers your business needs in order to succeed. However, navigating the employment law and regulations correctly is essential to ensure compliance and smooth integration, and to avoid fines and penalties. 

This guide outlines the important legal considerations to keep in mind when hiring international workers.

Jump ahead:

1. Understanding Work Permits and Visas for International Workers
2. Compliance Obligations for Employers of International Workers
3. Labour Rights for International Workers in Canada
4. Pathways to Permanent Residency in Canada
5. Professional Assistance and Resources for Hiring Internationally

Understanding Work Permits and Visas for International Workers

Temporary Foreign Worker Program (TFWP)

The TFWP allows Canadian employers to hire international workers to fill temporary labour shortages. The main components include:

• Labour Market Impact Assessment (LMIA): Most employers will need a positive LMIA, which demonstrates that hiring a foreign worker will not negatively impact the Canadian labour market.
• Work permits: Once the LMIA is approved, employers can apply for a work permit on behalf of the international workers they have provided offers of employment to. 

International Mobility Program (IMP)

The IMP allows employers to hire international workers without an LMIA under certain conditions, such as:

• Intra-Company transfers: For employees transferring within the same company internationally.
• International agreements: Under agreements like the Canada-United States-Mexico Agreement (CUSMA), formerly the North American Free Trade Agreement (NAFTA).

Compliance Obligations for Employers of International Workers

Recruitment Efforts

Before hiring international workers, employers must show genuine efforts to recruit Canadian citizens or permanent residents. This typically involves advertising the job in a Canadian Job Bank for a minimum of 4 consecutive weeks, except for primary agriculture jobs and certain occupations in Quebec.

Employment Standards for International Workers

International workers must be treated equally to Canadian employees. This includes attention to:

• Minimum wage laws specific to your province or territory.
• Safe working conditions that comply with occupational health and safety laws.
• Provincial / Territorial Employment Standards Act.

Record Keeping

Employers must maintain accurate records of:

• Recruitment efforts
• Employment contracts
• LMIA Applications and approvals

These records must be kept for six years in case of an audit by Employment and Social Development Canada (ESDC).

Labour Rights for International Workers in Canada

International workers in Canada are protected by the same laws as Canadian employees. This includes:

• Employment Standards Act: Covers wages, hours of work, and other employment conditions.
• Occupational Health and Safety Act: Ensures a safe workplace.
• Human Rights Legislation: Protects workers from discrimination.

We advocate for fair treatment and support businesses in understanding their obligations as employers of international workers. 

Pathways to Permanent Residency in Canada

Employers can support their international workers in transitioning to permanent residency through programs such as:

• Express Entry: A points-based system for skilled workers.
• Provincial Nominee Program (PNP): Allows provinces to nominate workers based on regional labour market needs.

Professional Assistance and Resources for Hiring Internationally

Hiring international workers involves navigating complex legal requirements. We recommend:

• Speaking with Regulated Canadian Immigration Consultants (RCICs) regarding the specific needs of your business and your employees
• Make use of government resources such as the Immigration, Refugees and Citizenship Canada (IRCC) website, which offers valuable information regarding the immigration process for recruiting international workers.

Conclusion

Hiring international workers can greatly benefit your business, but it requires careful attention to legal requirements to ensure you are following labour laws and remaining compliant. Click here to find out how IVEY Group can support your business.