HD Mining Case Results in Changes to Restrict Access to the Temporary Foreign Worker Program

Thursday, September 12th, 2013

Although the Federal Court has dismissed the judicial review application brought by the Construction and Specialized Workers’ Union, Local 1611 and the International Union of Operating Engineers. Local 115, the case has achieved the larger goal of restricting the rampant use of temporary foreign workers while Canadians remain available for work. The Federal Government has announced significant changes to the TFW Program resulting from the HD Mining case, as well as from the use of the TFW Program by the Royal Bank.

The Government has made clear that they do not feel that sufficient efforts have been made to hire Canadians before employers have turned to the TFWP, and greater efforts are to me made to ensure that qualified Canadians are first hired. Among the specific changes to the TFWP is that foreign workers speak either English or French, a requirement which directly addresses the fact that HD Mining was allowed to bring in over 200 workers with a requirement that they speak Mandarin, effectively making that the working language of the mine. These changes should go some distance to ensuring that Canadian workers are given first opportunity for work in Canada and to prevent another HD Mining fiasco.

In the Press:

Language Credential Turned Upside Down in HD Mining Case” – The Globe & Mail

BC Chamber of Commerce Slams New TFW Regulations” – Business In Vancouver

 

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