Protecting Temporary Foreign Workers and Regulating Recruiters

The Temporary Foreign Worker Protection Act General Regulations outline the procedures for licensing, regulating, and enforcing the activities of foreign worker recruiters in Prince Edward Island. These regulations, which support the Temporary Foreign Worker Protection Act, are designed to protect foreign workers while ensuring proper oversight of recruitment activities.
The regulations specify that existing foreign worker recruiters are exempt from certain licensing requirements until July 1, 2025, provided they apply for a license before that date. Once an application is submitted, they remain exempt until their license is either issued or their application is refused. The regulations detail the licensing process, including the necessity for applicants to provide proof of professional standing with recognized bodies such as the law society of a province or the College of Immigration and Citizenship Consultants. Additionally, applicants must provide specific business information, including the countries from which they intend to recruit workers, and the types of employment offered. A non-refundable application fee of $100 is required, and applicants must also submit a security deposit of $10,000, which the director may hold for up to two years following the license’s expiration, depending on ongoing legal proceedings.
Foreign worker recruiters are required to renew their licenses periodically. Renewal applications must be submitted at least 60 days before a license expires, accompanied by a $100 renewal fee. The director will assess whether the licensee complies with the regulations and the Act before granting a renewal. The regulations also establish a foreign worker recruiter registry, which will track each licensee’s compliance status, including any amendments, suspensions, or cancellations of licenses. This registry is publicly accessible to ensure transparency. The enforcement mechanisms in the regulations include provisions for notices of contravention issued by inspectors, and they specify the interest rates that apply to amounts owed due to violations of the Act. From the time of a complaint until an order is issued, a pre-order interest rate is applied, while a post-order interest rate applies from the order date to when payment is made. These provisions are meant to ensure that foreign worker recruiters operate ethically and in accordance with the law, contributing to the protection of foreign workers.
These regulations are intended to create a structured and regulated framework for foreign worker recruitment in the province. By establishing clear procedures for licensing, renewal, record-keeping, and enforcement, the regulations aim to ensure that recruiters operate with transparency and accountability, ultimately safeguarding the rights and welfare of foreign workers in the region.
Price Edward Island (179-2025) February 22, 2025