IRCC has issued new conditions on New Immigration and Refugee Protection and Regulations regarding the Temporary Foreign Worker Program. Temporary Foreign Workers are protected by law and have the same rights and protections as permanent residents and Canadians. The regulation now clearly states that if there is a period, that TFW is not yet covered by provincial and territorial health insurance, an employer must obtain and pay for the TFW’s private care insurance that will cover emergency medical care. Immigration quoted “All LMIA applications received prior to September 26, 2022, have been assessed based on the regulations in effect on the date that the LMIA application was received by Service Canada. Regardless of when the LMIA application was received or when the positive decision was issued, after September 26, 2022, all employers will be expected to comply with the new 209.3(1) conditions for employers.” Please note that in AB, Temporary Foreign Workers can apply for Health Insurance immediately so no changes there. In other provinces such as BC, there is 3 months wait time. Please check your provincial standards. 

New Conditions for All Employers Effective as of September 26, 2022, are:

209.3(1)(a)(ii)(ii.1)Provide to the foreign national in their preferred official language of Canada, the
most recent version Temporary Foreign Workers: Your rights are protected and available to the temporary foreign worker throughout their period of employment. This information will be supplied by the Government of Canada.

2 s.209.3(1)(a)(xiii) Obtain and pay for private health insurance for any part of the period of
employment for which the TFW is not covered by the applicable provincial/territorial health insurance system.

3 s.209.3(1)(a)(xiv) Make reasonable efforts to provide access to health care services when a TFW is
injured or becomes ill at the workplace.

4 s.209.3(1)(a)(xv) Not directly or indirectly, charge or recover from the foreign national any fees
related to the recruitment of foreign nationals.

5 s.209.3(1)(a)(xvi) Ensure that any person who recruited the foreign national for the employer does
not, directly or indirectly, charge or recover from the foreign national.

Temporary Foreign Workers: Your rights are protected booklet: https://www.canada.ca/content/dam/esdc-edsc/documents/services/foreign-workers/protected-rights/20220912-EN-Guide-TFWYourRightsAreProtected.pdf



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