Your Rights as a Foreign National in Ontario
by Ontario's Ministry of Labour, Training and Skills Development
Are you a foreign national working or looking for work in Ontario? Is your employment in accordance with an immigration or foreign temporary employee program? Then you are likely protected by the Employment Protection for Foreign Nationals Act, 2009 (EPFNA).
The EPFNA is a law that protects the rights of foreign nationals in Ontario. For example, the EPFNA would likely apply to someone working or looking for work in Ontario through the federal Temporary Foreign Worker Program. Read on to learn what protections may be available to you.
- You may have rights under the ESA
Foreign nationals employed in Ontario generally also have rights under the Employment Standards Act, 2000 (ESA). The ESA covers standards such as minimum wage, hours of work, public holidays, and termination and severance.
Visit Ontario.ca/ESAguide to learn more.
- Your employer must give you two information sheets
Employers or recruiters must give foreign nationals the Your Rights Under the Employment Protection for Foreign Nationals Act and the Your Rights Under the Employment Standards Actinformation sheets. Your employer or recruiter must find out if the information sheets are available from the Ministry of Labour, Training and Skills Development (MLTSD) in your first language and, if they are, provide you with the translated versions.
- A recruiter can't charge you any fees
A recruiter is anyone who finds or tries to find you employment, helps another person in finding you employment, or refers you to someone to help you find employment in Ontario. The recruiter cannot charge you any fees for any service, good or benefit provided to you. For example, they can't charge you a fee for getting a job, for your Labour Market Impact Assessment (LMIA) or anything else required for you to begin work in Ontario. You cannot be charged a fee for extra services such as orientation, resume writing, interview preparation, or First Aid training. In addition, no one working on behalf of a recruiter can collect any of these fees from you.
- Your employer usually can't charge you hiring costs
Generally, if your employer paid fees or had any other costs for hiring you, they can't charge these costs to you or deduct them from your wages. This includes costs for all the same work-related charges and fees that your recruiter is prohibited from charging you, such as for your LMIA. However, if you are employed under the federal government's Seasonal Agricultural Worker Program (SAWP),your employer can deduct the costs of air travel and the costs of work permits if they are allowed under the SAWP employment contract.
- Your recruiter or employer can't take your property
Your recruiter, your employer, or a person acting on behalf of either, cannot take or hold onto your property for any reason. This includes documents such as your passport or work permit.
- You can't agree to give up your rights
You cannot agree or sign a contract to give up any of your rights under the EPFNA with your recruiter, your employer, or someone acting for your recruiter or employer. Any such agreement is invalid. For example, if you sign a contract allowing a recruiter to charge you a recruitment fee, this agreement would be invalid.
- You can't be punished for asking about or exercising your rights
If you ask about your rights under the ESA or EPFNA or ask that you be given your rights, your recruiter, employer or any person acting on behalf of either, can't punish you in any way, including by ending your employment. Employers and recruiters are also prohibited from punishing you in any way for asking any person to comply with the EPFNA, asking questions about rights under the EPFNA, filing a complaint under the ESA, exercising or trying to exercise a right under the ESA, giving information to an employment standards officer or participating in a proceeding under the EPFNA.
If a foreign national covered by the EPFNA does any of the things described above, an employer or recruiter cannot, for that reason, suspend or fire them; reduce their pay; punish, intimidate or penalize them in any way; refuse to attempt to find employment for them; or threaten to do any of these actions.
- You can file a claim
If you believe you have not received your rights under the EPFNA and want to file a claim with the Ministry of Labour, Training and Skills Development, you may do so at Ontario.ca/ESAclaims.
You have three-and-a-half years to file a claim for your rights under the EPFNA. There is no limit on how much money can be recovered if an order is issued under the EPFNA.
Please note that different time limits and claim forms apply to claims filed under the ESA and the EPFNA.
For information about rights under the ESA and about filing a claim under the ESA, please visit Your Guide to the Employment Standards Act, 2000 available at Ontario.ca/ESAguide.
Claimants not currently in Canada can file a claim online, by mail or fax. Once the claim is filed, MLTSD would most likely communicate with the claimant via email. You can also give written authorization for a representative to file a claim on your behalf, even if you are outside of Canada.
If you have questions about the EPFNA, please visit Ontario.ca/EPFNA or contact the Ministry of Labour, Training and Skills Development's Employment Standards Information Centre at (416) 326-7160 (toll-free at 1-800-531-5551), or TTY for the hearing impaired at 1-866-567-8893. Information is available in multiple languages.