January 4, 2012

Comments Re Temporary Foreign Worker Regulations

As always, the onus is on the applicant to demonstrate the relationship to the principal applicant, as well as the principal applicant’s skilled occupation. It is vital that applicants provide sufficient supporting documents to facilitate the decision-making process.

CIC recently had the following comments regarding compliance, best “Substantially the Same” practices, & random audits:

To date, CIC has not refused any work permit applications based on the “Substantially the Same” provisions of the new Temporary Foreign Worker (TFW) regulations.

CIC does not conduct random STS audits on employers as there must be an active work permit application in progress before an STS assessment can be completed.

If an employer hires TFWs, it would be a best practice to retain the following types of documentation in regards to the TFWs to be prepared to respond in the event of an STS assessment requiring additional information.

· Payroll records

· Timesheets

· Overtime records

· Employment contract

· Job title and job description

· Proof of benefits paid

· Proof of enrolment in worker’s compensation

· Proof of payment for transportation cost (airfare), and

· Location of employment