Temporary Foreign Worker Protection Act Employer Registry and Administrative Penalties Consultation

The Temporary Foreign Worker Protection Act is being launched in phases. The first phase, which introduced new protections for temporary foreign workers and a new licence requirement for recruiters, came into force on April 1, 2025. 

Phase two of the Temporary Foreign Worker Protection Act includes the introduction of the Employer Registry as well as introducing additional regulations related to Administrative Penalties. 

Employer Registry

The Department of Workforce, Advanced Learning and Population wants to hear from employers and other stakeholders about whether there should be any exemptions from registration for any particular sector or for any particular types of hires. 

For example: "Should there be an exemption from registration for employers who are hiring foreign nationals that hold specific types or work permits, or that have been hired through specific federal programs?"

The Temporary Foreign Worker Protection Act requires employer to provide the following information in order to apply for a certificate of registration:

•  The business name under which the applicant operates
•  The business address, telephone number, email address, and fax number (if applicable)

The Department of Workforce, Advanced Learning and Population wants to hear from employers and other stakeholders about what additional information, if any, should be required for an employer to receive a certificate of registration. 

Additional information may be requested from the applicant. This may include:

• Types of employment TFWs will work in
• Whether the applicant employer is using in-house recruitment or to provide the licensed recruiter name
• Estimated number of TFWs the applicant plans to hire
• Whether housing is employer-supplied
• Ensuring there are no issues with compliance with other legislation, such as Employment Standards and Occupational Health and Safety. 

Administrative Penalties

The Department of Workforce, Advanced Learning and Population wants to hear from recruiters, employers and other stakeholders about administrative penalties proposed to be included in the regulations. 

As a part of the compliance and enforcement process, the Employment Standard Branch will focus on supporting and encouraging employers and recruiters to be compliant with the Temporary Foreign Worker Protection Act, through education, and awareness.

In general, a monetary administrative penalty would only be issued:

• after voluntary compliance measures are exhausted, and
• non-compliance persists

The Department is exploring introducing administrative penalties for failure to comply with specific requirements under the Act, such as recruiter licence requirements, certificate of registration requirements, recruiter and employer obligations under Part 5 of the Act, or section 41 related to prohibiting reprisal actions against foreign workers. The Department is also exploring whether multiple offences can lead to progressive penalties being applied.