Positive Changes for Temporary Foreign Workers in Canada

The government of Canada has announced that, effective immediately, the four-year cumulative duration rule will no longer apply to temporary foreign workers in Canada. This rule, also known as the ‘four-in, four-out’ rule, limited the time some temporary foreign workers may work in Canada to four years. This new announcement will likely be greeted with enthusiasm by many employers as well as foreign workers.

Previously, after the four-year limit, certain individuals became ineligible for another Canadian work permit until a further four years had elapsed. This limitation was established in April, 2011.

The (TFWP) was established to respond to labour market shortages in Canada, by allowing employers to hire internationally when no Canadian citizen or permanent resident is ready, willing, and able to fill a position. In order to begin working through the TFWP, an individual must first obtain a temporary work permit supported by a Labour market opinion (LMIA).

Certain individuals working in Canada under the TFWP were already exempt from the four-in, four-out rule. These individuals included workers in managerial or professional occupations (skill level 0 or A of the National Occupational Classification, or NOC), workers who were employed in Canada under an international agreement such as NAFTA or the Seasonal Agricultural Worker Program, and workers who were otherwise exempt from the LMIA requirement.

The announcement was made on December 13, 2016, by the Minister of Immigration, Refugees and Citizenship, John McCallum, and the Minister of Employment, Workforce Development and Labour, MaryAnn Mihychuk.

These changes were developed in response to a report from the Standing Committee on Human Resources, Skills and Social Development, and the Status of Persons with Disabilities. In reference to the changes, McCallum stated, “In many ways, the four-year rule put a great deal of uncertainty and instability on both temporary workers and employers. We had the sense that it was an unnecessary burden on applicants and employers, and also on officers who process applications...We believe this important recommendation from the Committee requires rapid action.”

The two ministries further stated that the changes have been made ‘in order to prevent unnecessary hardship and instability for both workers and employers.’

The Government continues to work on the development of a more comprehensive policy.’

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