Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits): SOR/2018-61

Canada Gazette, Part II: Volume 152, Number 8

Registration

March 27, 2018

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2018-340 March 26, 2018

Whereas, pursuant to subsection 5(2) ^footnotea of the Immigration and Refugee Protection Act ^footnoteb, the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits) to be laid before each House of Parliament, substantially in the annexed form;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to subsections 5(1) and (1.1) ^footnotec and paragraphs 14(2)(b) and 32(b) of the Immigration and Refugee Protection Act ^footnoteb, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits).

Regulations Amending the Immigration and Refugee Protection Regulations (Work Permits)

Amendments

1 (1) Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations ^footnote1 is repealed.

(2) Subsection 200(4) of the Regulations is repealed.

Transitional Provision

2 Paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations, as it read immediately before the day on which these Regulations come into force, does not apply to applications for work permits that are pending on that day.

Coming into Force

3 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On December 13, 2016, the Government of Canada introduced a public policy directing immigration officers to consider granting to all affected work permit applicants an exemption from paragraph 200(3)(g) in the Immigration and Refugee Protection Regulations (the Regulations), pending the repeal of the regulation. This regulation, known as the cumulative duration rule, prohibited the issuance of a work permit to temporary foreign workers who had worked in Canada for one or more periods totalling four years. This provision is now being repealed.

Background

In order to work in Canada, a foreign national generally requires a work permit. However, in certain circumstances, the issuance of a work permit may be prohibited by the Regulations. Paragraph 200(3)(g) provided that an officer shall not issue a work permit to a foreign national who has worked in Canada for one or more periods totalling four years. This rule limiting cumulative duration came into effect in April 2011 and started to affect foreign workers in 2015.

The original intent of the cumulative duration limit was to signal clearly (to both workers and employers) that the purpose of the Temporary Foreign Worker Program is to address temporary labour shortages, and therefore deter long term “guest workers” from remaining in Canada through continuous renewal of temporary foreign worker status. Foreign nationals were exempt from this rule if four years had passed since they accumulated the four years of work experience in Canada; if the work they intended to perform would have created significant social, cultural, or economic benefit for Canada; or if the work they intended to perform was through an international agreement.

Following implementation, this limit was perceived to disproportionately target certain industries. Seasonal industries, particularly those in agriculture and food processing, have been concerned, as have those in the hospitality and tourism sectors. It has also affected the hiring of employees to work in the technology sectors that fuel innovation and growth in Canada, with Canadian talent unable to keep pace with demand for experienced workers.

In 2014, other measures to reduce Canadian employers’ reliance on temporary workers were introduced that rendered the cumulative duration limit less important in curbing the growth of long-term guest workers. These measures include a cap on the number of low-wage foreign workers that an employer can employ; refusing to process requests for Labour Market Impact Assessments for low-skill positions in the accommodation, food services and retail sectors in areas of high unemployment; the reduction of the duration of Labour Market Impact Assessments for low-wage positions from two years to one year; and an increase in the Labour Market Impact Assessment processing fee to $1000.

Objectives

The objective of the regulatory amendment is to remove the cumulative duration limit and related provisions from the Regulations. The initial intent of the limit, namely to prevent growth of long-term temporary foreign workers, is presently being met through other measures.

Description

1. he regulatory amendment repeals the provisions from the Regulations that provide:
   • a. that an officer shall not issue a work permit to a foreign national who has worked in Canada for one or more periods totalling four years unless the applicant falls under one of the following exceptions:
     • i. A foreign national for whom four years have elapsed since they accumulated four years of work in Canada,
     • ii. A foreign national intending to perform work that would create significant benefits for Canadians or permanent residents, and
     • iii. A foreign national intending to perform work pursuant to an international agreement, including those captured under the Seasonal Agricultural Workers Program; and
   • b. that work performed during a period in which the foreign national was authorized to study on a full-time basis in Canada shall not be included in the calculation of the cumulative work periods referred to in 200(3)(g).
2. Additionally, a transitional provision is included so that the cumulative duration rule is not applied to applications that are pending when this repeal comes into force upon registration.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this amendment, as there are no changes in administrative costs to business.

Small business lens

The small business lens does not apply to this amendment, as there are no costs to small business.

Consultation

Many stakeholders impacted by the cumulative duration rule, including employers and temporary foreign workers, were consulted by, or submitted reports to, the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) during its review of the Temporary Foreign Worker Program.

In its final report, the Committee recommended, based on stakeholder feedback, the elimination of the cumulative duration limit.

Rationale

The regulatory amendment repeals the cumulative duration rule, which was intended to prevent the growth of long-term temporary foreign workers as this objective is now being achieved through other measures.

This amendment does not impact stakeholders directly; the impact on stakeholders resulted from the introduction of the public policy direction that a general exemption from the cumulative duration limit be considered by officers assessing affected applications on December 13, 2016.

Contact