Foreign Worker Protection

• Author: Paul Wearing
• Pages: 113-113

•113

ENDNOTES

1 Employment Protection for Foreign Nationals Act, 2009, SO 2009, c 32.

CHAPTER SIXTEEN

Foreign Worker Protection

What You Should Know

On 20 November 2015, Ontario legislation for the protection of the rights

of foreign workers, the Employment Protection for Foreign Nationals Act

(Live-in Caregivers and Others), 2009, was repealed and replaced with the

Employment Protection for Foreign Nationals Act, 20091 as of 20 Novem-

ber 2015. The new law expands protection of foreign nationals employed

in Ontario as live-in caregivers to all foreign nationals employed or at-

tempting to f‌ind employment in Ontario pursuant to an immigration or

foreign temporary employee program. The expanded law is of signif‌i-

cance to the service industry and the construction industry. It requires

employers and recruiters to provide foreign nationals belonging to listed

categories with information prepared and published by the Director of

Employment Standards.

The law prohibits recruiters from charging fees to foreign nationals

either directly or indirectly. Furthermore the law protects the listed cat-

egories of foreign nationals from intimidation by employers or recruiters

in response to asking about or asserting any rights under the law. These

rules continue to apply under the amended law.