CIMM – Litigation backgrounder – Temporary Foreign Worker Program – Proposed Class actions – February 7, 2024

[Redaction]

Proposed responses (reactive only):

What does IRCC say in response to the allegation that the program makes the workers vulnerable and breaches their Charter rights?

While I cannot comment on specific cases before the Federal Court, I can say that employer-specific work permit holders are authorized to work for the employer who supported their work permit application; however, all workers still have the right to change jobs or employers in Canada. Employers of employer-specific work permit holders are subject to an employer compliance regime, which seeks to ensure the protection of foreign workers through a suite of regulatory obligations. This aims to promote safe and fair working conditions for temporary foreign workers. IRCC has also implemented facilitative measures to support employer-specific work permit holders, including the Open Work Permit for Vulnerable Workers to allow workers to leave abusive situations and the Changing Employers Public Policy so workers can begin working with a new employer more quickly.