New Employer Registration Application fanned in front of a laptop showing the Employment Standards Manitoba homepage. Photo: Graham McDonald/U Multicultural Journalism and Media Arts Centre.
Employment Standards Manitoba has changed its Employer Registration Application for businesses recruiting temporary foreign workers. The new form became available on August 19, and the province said it would stop accepting the previous version beginning September 16.
The old form was “almost shockingly simple,” Justin Foot, an immigration consultant, said.
The new form, by contrast, requires more detailed information about company ownership, third-party recruiters and the workers being hired. Employers must disclose wages, weekly hours, vacation pay and work locations, as well as information about employer-provided housing, including its address and the rent charged.
It also includes more detailed declarations concerning recruitment fees, employment terms and cooperation with investigations.
Foot explained that the law itself has not changed.
“I want to make it really clear, first of all, that this is not a regulatory change,” Foot explained.
“The changes are to the form itself. It is the information they are asking for and, to summarize, it is a lot more detailed now,” Foot said.
Foot said he did not believe that the form was changed at the request of IRCC or the federal government.
“The Worker Recruitment and Protection Act is Manitoba legislation and is administered by Manitoba. It is something on top of what IRCC already does.”
“It was more Manitoba saying, ‘we need to take a look at this act and modernize it.’”
Foot did say, however, that the changes Manitoba has made are broadly in line with changes that are happening across the country.
“There is a general sentiment about immigration across the country right now that is not necessarily a nice one.”
“Governments are tightening multiple types of programs. I think this is Manitoba falling in line with what is happening federally and provincially, with programs being tightened in different ways, not only through regulations but through processes as well.”
Foot said he believed the changes to the form could help make investigations into Worker Recruitment and Protection Act violations easier.
“I believe the province’s idea is to document as much as possible up front so that, when officials do an audit, they have something to talk about.”
Foot said he believed the new questions on the form regarding housing were put in place primarily for the benefit of agricultural workers, who generally rely on their employers for housing once they arrive in Canada.
“Housing is an area in which I see many foreign workers being taken advantage of. This occurs most often in the agricultural stream of the Temporary Foreign Worker Program, where employers usually provide housing or there is a significant housing component,” Foot explained.
“I have seen employers pay a worker a decent hourly wage but absorb some of the cost by charging ridiculous rent. That is how they equalize it, but it is not right. They are taking advantage of the worker.”
“By requiring this information, officials will have more to discuss at the outset of an investigation, and it will be harder for unscrupulous employers to hide what they are doing.”
Foot acknowledged that the additional oversight will also create a greater administrative burden for employers. He said the form could be particularly onerous for large companies with numerous shareholders or multiple work locations, which may have difficulty compiling all the required ownership and workplace information. The added paperwork and recordkeeping requirements could also give some employers “cold feet” about recruiting temporary foreign workers, he said.
The possibility of exploitation is particularly concerning because many temporary foreign workers depend on their employment not only to remain in Canada, but also in the hope of eventually obtaining permanent residence. Foot warned, however, that temporary employment in Manitoba should no longer be treated as a reliable pathway to permanent status.
He explained that the Manitoba Provincial Nominee Program has become much more restrictive now than it was in 2020 and 2021.
He said that although the Temporary Resident Retention Pilot and Employer Direct Initiative exist, it can still be difficult to qualify for nomination if an applicant neither speaks French nor works in an occupation the province is prioritizing, such as health care, teaching or early childhood education.
“I would also caution people against taking actions that may not be advisable merely to extend their stay. I am choosing my words carefully. I am not saying they are doing anything illegal or morally wrong, but there is poor information that preys on vulnerable people whose permits are expiring and who want to do everything in their power to remain in Canada. I understand and sympathize with them.”
“But it is not worth filing a frivolous application that you know will be refused merely to buy a couple of additional weeks. The government understands this practice and will refuse the application. Then you have a refusal on your record that must be addressed.”
Justin Foot said that temporarily having to return home might not be the end of the road for those wishing to immigrate to Canada.
“Although it may be difficult and a hard pill to swallow, returning home does not necessarily end your aspirations for permanent residence in Canada,” Foot said.
“There are things you can do from home, often more comfortably, to improve your chances of obtaining permanent residence. Nothing says you cannot return later with stronger qualifications.”
An email sent to Employment Standards Manitoba was redirected to Newsroom, the provincial government’s central contact point for media inquiries.
In a statement attributed to a provincial spokesperson, the province said the form was changed to improve consistency, simplify its language, remove duplicate questions and better organize information.
“These changes help employers complete the application more efficiently while ensuring Employment Standards receives the information needed to administer Manitoba’s Worker Recruitment and Protection Act.”
The province did not explain why the new questions about wages, housing and third-party recruiters were added, or whether they were intended to strengthen enforcement.
Graham McDonald, U Multicultural Journalism and Media Arts Centre