The search for global talent has never been more important in Canada. As old trade alliances shift and Canada explores new relationships with various countries, a growing sense of urgency is emerging across the nation. Foreign talent will be critical as Canada strives to power these new international alliances, and Global Search Firms play a central role in finding these workers. However, this sense of urgency should not cause Global Search Firms to cut corners. Immigration compliance remains extremely important, and it is all too easy to make mistakes when searching for foreign talent. An experienced immigration lawyer in Canada can help with immigration compliance, and you can learn more by scheduling a consultation with one of these legal professionals.
Why Does Canada Regulate Global Search Firms?
As noted by the Government of Canada, the nation has taken a stricter approach to regulating global search firms, also known as “labour recruiters,” in recent years. The government states that this is necessary because of “increased volumes of migrant workers.” The government is concerned about abuse and exploitation, as these issues have become more common due to the major influx of foreign workers into the nation.
What kinds of abuse might a global search firm commit? The Government of Canada states that some of these firms charge migrant workers “exorbitant fees” in exchange for facilitating their employment in Canada. Some of these firms have also enticed migrants to work in illegal operations. Some of these work opportunities may not even be real, and migrants arrive in Canada with absolutely no prospects or income. Some even become unwitting pawns in human trafficking or forced labour operations.
What are Some Examples of Illegal Activities by Global Search Firms?
The Government of Canada highlights various examples of illegal, unethical, or abusive operations carried out by global search firms. These include exorbitant fees, tricking workers into accepting contracts with deceptively poor conditions, and enticing workers into accepting non-existent jobs.
The manner in which global search firms collect their fees might also be illegal under Canadian law. For example, some firms might be tempted to collect their fees by deducting the amounts directly from the workers’ wages. Some might also threaten or intimidate workers into paying these fees. Perhaps the most obvious form of abuse is the confiscation of passports, work permits, or other important documents owned by workers.
What Happens if a Global Search Firm Charges Illegal Fees?
If a global search firm attempts to charge the foreign worker illegal fees while processing a work permit application, all involved parties may face various consequences. First, the government may refuse to grant the work permit. This not only affects the worker, but also the global search firm. When the government refuses to grant a work permit, the global search firm fails to perform its services as an intermediary between the foreign worker and the employer. The employer also loses the opportunity to hire the foreign worker. This may result in serious losses for all involved parties.
Foreign Workers Have the Same Basic Rights as Canadian Workers
Global search firms should also know that once a foreign worker arrives in Canada, they have the same basic rights as a Canadian citizen in the workplace. This includes minimum labour standards, the right to overtime pay, and so on. However, migrants may be more vulnerable in the workplace because of their inability to participate in collective bargaining agreements (in certain industries). They are also subject to deportation, something that a Canadian citizen never has to worry about.
Can I Charge Workers Fees?
Under Canadian law, global search firms cannot charge workers fees for participating in their recruitment programs. The employer must pay all recruiting fees. Not only that, but employment contracts are legally unenforceable if they include mandatory fees for the workers. There are very rare exceptions to this rule, and you may want to discuss this subject in more detail with a Canadian immigration lawyer.
Each Province Has Its Own Laws Regarding Foreign Labour Recruiters
Canada is a country with numerous provinces, and each province approaches foreign labour recruitment laws in its own unique way. As a result, global search firms might need to carefully ensure compliance according to Canadian law and provincial law. They might also need to adhere to various laws in their home nations (if they are headquartered outside of Canada). The involvement of multiple jurisdictions and regulatory frameworks highlights the importance of working with an experienced immigration lawyer to ensure compliance.
Each province also approaches licensing requirements in different ways. For example, while Ontario has strong laws against charging fees and confiscating the personal property of migrants, it does not have any licensing or registration requirements for global search firms. Both Quebec and Nova Scotia may allow global search firms to charge fees in certain situations. Saskatchewan is distinct in that it forces licensed recruiters to follow a “Code of Conduct.”
Avoid Threatening Workers With Deportation
As a general rule, global search firms and employers should avoid threatening foreign workers with deportation. This is specifically prohibited by provinces such as British Columbia, Saskatchewan, and New Brunswick. Recruiters and employers might be tempted to threaten deportation if their work contracts are terminated before the end of the work permit. However, this conduct could lead to serious consequences.
Even though threatening deportation could be legal in other provinces, authorities in Canada may still consider this conduct to be a form of abuse. In any case, a worker is entitled to remain in the nation for the full duration of their work permit, even if their contract is terminated early.
Can an Immigration Lawyer in Canada Help Global Search Firms?
Yes, immigration lawyers in Canada can provide important assistance to global search firms across the world. Their assistance may be particularly critical in the context of immigration compliance. Canada has clear, strict immigration laws. Violations can severely complicate efforts to bring foreign talent to the True North, and the country is becoming slightly more conservative when it comes to immigration policies. A lawyer can guide your search firm through the complexities of Canadian immigration law, ensuring total compliance at all times. If you are already dealing with a compliance issue, a lawyer can also help you resolve the situation in the most efficient way possible. Continue this conversation by contacting Ackah Business Immigration Law at (587) 404-5692, or visit us online.
