Employers can hire foreign workers to fill temporary labour and skill shortages. In British Columbia, temporary foreign workers are protected from unfair employers and practices by the Employment Standards Act and Temporary Foreign Worker Protection Act.
Foreign worker recruiters must be licensed. Employers should ensure they only use licensed recruiters. Employers may have their registration cancelled or suspended for using a recruiter who is not licensed in B.C.
To renew your registration, apply again through this same process.
Employers who hire temporary foreign workers in B.C. are required by law to register with the provincial government.
You need to register if you intend to hire a temporary worker through most federal foreign worker programs, including:
If you're an individual hiring a domestic worker, you also need to register the worker with the Employment Standards Branch within 30 days of hiring them.
You do not need to register if you only plan to employ:
If approved, employers are issued a certificate of registration valid for up to 3 years. The Director of Employment Standards has discretion over the period of time a certificate of registration remains valid.
It's against the law to hire a foreign worker with an expired certificate of registration. Employers must hold a valid certificate before hiring a foreign worker. If you hire additional foreign workers after your certificate expires, we may not renew your certificate.
We'll notify you in advance of the decision. After the decision is served, you have 30 calendar days to submit a request for reconsideration.
Applications can be refused if you
The B.C. government keeps a public registry of employers that are registered to hire foreign workers. The registry lists each employer's name, the date they were registered as an employer and when their registration expires.
Most employers need a Labour Market Impact Assessment (LMIA) from the federal government before they can hire a temporary foreign worker. An LMIA confirms that a temporary foreign worker is needed. The process also makes sure that no Canadians or permanent residents are available to do the job.
You need a certificate of registration from Employment Standards before you can get an LMIA.
Employers who hire foreign workers in B.C. agree to uphold their obligations required by law.
An employer’s certificate of registration may be cancelled or suspended if they do not follow the law or if they act in a manner that is dishonest or unfair.
If you hire foreign workers in B.C., the law requires that you
You can clearly communicate to foreign workers what their rights are by posting and sharing this document:
You also need to:
Uphold your obligations under the law
Employers have obligations under the Temporary Foreign Worker Protection Act. They cannot:
This means employers must not
It's against the law for employers to threaten deportation or other action without a lawful cause.
Employers cannot take action against or threaten to take action against a person for participating in an investigation or proceeding by any government or law enforcement agency or for making a complaint or inquiry to any government or law enforcement agency.
Employers must not
Keep signed employment contracts and accurate records
Employers must have a written contract with each temporary foreign worker. If a recruiter was used to hire the worker, keep a copy of the recruiter's contract as well.
Records must be kept in B.C. for at least four years. They must be made available for inspection upon request.
Employers must keep all records related to recruiting and hiring temporary foreign workers:
The B.C. Employment Standards Branch administers the Temporary Foreign Worker Protection Act and Regulation.
Ask a question or get confidential support about temporary foreign workers in B.C.
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