New Policy Reforms Affecting OFWs in Canada

August 2010POEA MARKET UPDATE NO. 26-10NEW POLICY REFORMS AFFECTING OFWS IN CANADAThe Employment Protection for Foreign Nationals Act of 2009 (EPFNA) was passed into law by the provincial legislation on 09 December 2009 in Ontario, Canada and took effect on 22 March 2010. The highlights of the new law are as follows: • Ban on fees charged to live-in caregivers by recruiters, either directly or indirectly, or by anyone on behalf of a recruiter;• Preventing employers from recovering, directly or through a third party, recruitment or placement costs from live-in caregivers;• Imposing fines of up to 50,000 Canadian Dollars and a year in jail if anyone charges a placement or recruitment fee;• Prohibiting the practice of taking a caregiver's personal documents such as passport or work permit;• Prohibiting reprisals against caregivers for exercising their rights under the legislation; and,• Allowing live-in caregivers up to 3 1/2 years to make a complaint.Meanwhile, the federal government has proposed amendments to the Immigration and Refugee Protection Act (Temporary Foreign Workers). Among the significant changes proposed were: a) the...