Licenses and Certificates of Registration
Licensing of foreign worker recruiters and employer certificates of registration will be administered by the Director of Employment Standards (the “Director”). Some exemptions are contemplated. Licenses and certificates can be refused, such as if the Director determines that the applicant will not act with integrity, honesty or in the public interest, or in accordance with certain laws. Certificates issued to employers under the Act will be valid for up to 3 years, at which point the employer must reapply. The Director retains the power to suspend, cancel, or amend the terms of the certificate.Prohibited Conduct
Certain conduct is prohibited, such as:- Providing false or misleading information on recruitment services, immigration, immigration services, employment, housing for foreign workers or the laws;
- Holding a foreign national's passport or other official documents;
- Misrepresenting employment opportunities, including a position, duties, length of employment, wages and benefits or other terms of employment;
- Without lawful cause, threatening deportation or other action; and
- Taking action against a person for participating in a proceeding by a government agency or for making a complaint or inquiry to a government agency.
Additional Provisions
A registry of foreign worker recruiters and registered employers will also be created. The Act requires the names of the foreign worker recruiter licencees to be published, to bring the information to the public's attention. The Director will be empowered to inquire into the character, financial history and competence of an applicant for a license.Contraventions
The Director may publish information identifying those who have been found to have contravened the Act. An individual who contravenes the Act may be fined up to $50,000, imprisonment of up to one year, or both. A corporation that contravenes the Act may be fined up to $100,000.To Learn More
If you are an employer of temporary foreign workers, or a recruiter of such workers, or if you are a temporary foreign worker who is concerned about your employer or a recruiter, it would be a good idea to become familiar with this Bill. It can be located here.Post-Script
Below is an update respecting the Temporary Foreign Worker Protection Act, courtesy of B.C. courthouse libraries:
In Force Date:
Sections in Force: section 10
By Regulation: B.C. Reg 231/2020
In Force Date:
Sections in Force: sections 11 to 15, 16 (c) and (d), 17 (c) and (d), 20, 21, 26 (2), 28 (2), 29 (1) (b), 33 (1) (a) and (b), 38 (2), 41 (2), 58, 59 and 61
By Regulation: B.C. Reg 231/2020
In Force Date:
Sections in Force: sections 3, 22, 23, 25, 26 (1), 27, 29 (2), 33 (1) (c) to (f) and (2), 34, 35, 41, (1), 50 to 53, 54 (3), 55 to 57, 62 to 72 and 85
By Regulation: B.C. Reg 158/2019
Acts Affected: Workers Compensation Act, R.S.B.C. 1996, c. 492
In Force Date:
Sections in Force: sections 1, 2, 4 to 9, 16 (a) and (b), 17 (a) and (b), 18, 19, 24, 28 (1) and (3), 29 (1) (a), 30, 31, 32, 36, 37, 38 (1) and (3) to (7), 39, 40, 42 to 49, 54 (1), (2) and (4), 60 and 73 to 84
By Regulation: B.C. Reg 158/2019
Acts Affected: Employment Standards Act, R.S.B.C. 1996, c. 113
