May 15, 2018 – Canada's federal government is stepping up its regulation of the Temporary Foreign Worker Program with a sharp rise in inspections and employers deemed 'high-risk'.

The move comes following criticism from Canada's auditor-general, Michael Ferguson, who said in 2017 that not enough was being done to ensure employers were adhering to strict TFWP rules.

Key Conclusions of Ferguson's Report

  • ESDC did not do enough to ensure that employers hired temporary foreign workers only as a last resort.
  • ESDC did not use all existing labour market information to determine whether Canadians could fill available positions.
  • ESDC made limited use of its expanded powers to identify employers that did not comply with program requirements.
  • ESDC did not measure the results of the program and its impact on the labour market.

In 2018, Employment and Social Development Canada conducted more than 1,300 inspections, more than seven times the number in 2016 and 2017. Over the same time period, 1,600 employers were flagged as 'high-risk', showing the ESDC is not afraid to name and shame those who operate outside the TFWP rules.

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The content of this article reflects the personal insight of Attorney Colin Singer and needs no disclaimer