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Ontario’s Employment Protection for Foreign Nationals Act, 2009 (the “EPFNA”) provides key rights and obligations for recruiters, employers, and foreign workers. Specifically, the EPFNA applies to foreign nationals who work or are seeking work in Ontario under a temporary employment program.

The EPFNA describes the following rights and obligations for foreign workers and employers in Ontario:

  • Prohibits recruiters from charging any fees to foreign nationals in arranging for employment in Canada;
  • Prohibits employers from recovering or attempting to recover any costs associated with arranging and/or securing employment of a foreign worker in Canada;
  • Prohibits recruiters and employers from obtaining and/or retaining the foreign worker’s property, including passport and work permit; and
  • Prohibits the recruiter, employer, or another person acting on their behalf, from intimidating or penalizing the foreign from asserting his/her rights under the Act.

Individuals who have had their rights violated may be entitled to recourse under the EPFNA, in addition to other remedies under the law, such as damages for wrongful dismissal and related severance.

If you are a foreign worker or interested in working in Canada and you believe that a recruiter and/or employer in Canada may be and/or be violating your rights, please contact Toronto immigration and employment lawyers, Sultan Lawyers, at (416) 214-5111 or via email to mlahert@sultanlawyers.com.