Immigration Announcement
Prince Edward Island Introduces Stronger Protections for Temporary Foreign Workers
The province of Prince Edward Island is taking significant steps to safeguard the rights of temporary foreign workers with the implementation of the Temporary Foreign Worker Protection Act. This legislation, which came into effect on April 1, 2025, is set to enhance worker protections, regulate recruitment practices, and impose strict penalties for violations.
Key Worker Rights Under the New Act
The Temporary Foreign Worker Protection Act establishes several critical rights and protections for foreign workers. Effective immediately:
- Recruiters are prohibited from charging foreign workers any fees for recruitment services.
- Employers and recruiters must provide accurate and truthful information regarding employment, immigration, and housing conditions.
- Employers cannot confiscate or withhold a worker’s passport or official documents. They are allowed to copy the documents for record-keeping but must return them promptly.
- Employment opportunities must be presented transparently, ensuring workers are informed about job roles, wages, benefits, and contract terms.
- Threatening deportation or using intimidation tactics without legal grounds is strictly prohibited.
These protections aim to prevent exploitation and create a fairer working environment for temporary foreign workers across the province.
Mandatory Licensing for Recruiters
A key component of the Temporary Foreign Worker Protection Act is the introduction of a licensing system for recruiters involved in hiring foreign nationals. By July 1, 2025, all recruiters working in Prince Edward Island must obtain a valid recruiter licence to operate legally.
Who Needs a Licence?
Any individual engaged in recruitment services for foreign nationals must apply for a recruiter license. This includes:
- Individuals helping foreign workers secure employment in Prince Edward Island.
- Recruiters assisting employers in hiring foreign workers.
- Anyone referring a foreign worker to another recruiter or employment agency.
Licensing ensures accountability and compliance with the regulations outlined in the Act. Failure to obtain a licence could result in fines of up to $5,000.
Who is Exempt?
Some individuals and organizations do not need a recruiter licence, including:
- Employers hiring directly for their own businesses.
- Family members recruiting a relative.
- Representatives acting on behalf of government agencies or educational institutions.
Financial Security Requirements
To further enforce compliance, recruiters must submit a financial security instrument of $10,000 when applying for a licence. This security ensures that foreign workers can be reimbursed for any unlawful recruitment fees or penalties imposed due to violations of the Act.
Consequences for Non-Compliance
Licensed recruiters must adhere to strict guidelines and ensure their partners, affiliates, and agents comply as well. Violations of the Act may lead to:
- Monetary fines.
- Suspension or revocation of recruiter licences.
- Additional restrictions on recruitment operations.
With these measures in place, Prince Edward Island aims to create a transparent and fair recruitment process that prioritizes the well-being of foreign workers.
The implementation of the Temporary Foreign Worker Protection Act marks a significant milestone in safeguarding foreign workers in Prince Edward Island. By enforcing stricter regulations, eliminating recruitment fees, and holding recruiters accountable, the province is strengthening protections and ensuring fair treatment for all temporary foreign workers.
For those seeking employment in Prince Edward Island, staying informed about their rights under this Act is crucial. Employers and recruiters must also ensure compliance to avoid penalties and maintain ethical hiring practices.
