'It is essential to establish protections that ensure temporary foreign workers receive fair treatment and the respect they deserve'
The first phase of Prince Edward Island’s Temporary Foreign Workers Protection Act is set to take effect in just over a month.
As of April 1, 2025, individuals recruiting foreign workers must be licensed to recruit temporary foreign workers into the province, according to the provincial government.
“No matter where they are, individuals must have a licence if they help foreign workers find jobs in Prince Edward Island,” says the provincial government.
Individuals who operate without a licence could be fined up to $5,000.
Recruitment of foreign nationals in PEI
Recruitment services include:
Trying to find employment for a foreign national in Prince Edward Island
- Helping an employer hire a foreign national
- Helping someone else to find employment for a foreign national
- Referring a foreign national to another person who finds employment for them
To qualify for a foreign worker recruiter license, an individual must be a member of a law society, the Chambre des notaries du Quebec, or a registered immigration consultant.
A $100 fee applies to license applicants. To be granted a license, the licensee must also provide a $10,000 security deposit.
A foreign worker recruiter licence is valid for up to three years. New applicants usually receive a one-year licence, and holders need to renew their licence before it expires. The expiry date will be printed on the licence.
Meanwhile, recruiters do not need to apply for a foreign worker recruiter license to:
- recruit for an employer or for a job in their own business
- recruit a family member
- act on behalf of a government, including federal, provincial, a first nation, or a municipality
- act on behalf of the University of Prince Edward Island, Holland College or College de I’Ile
Previously, the federal government banned 20 employers from using the Temporary Foreign Worker (TFW) Program following inspections conducted by Employment and Social Development Canada (ESDC) between April 1 and Sept. 30, 2024.
PEI passed the Temporary Foreign Workers Protection Act in the provincial legislature in spring 2022. Consultations were held on the proposed regulations, including details on licensing requirements for recruiters in summer 2024.
“Temporary foreign workers are making meaningful contributions to PEI’s economy and workforce and proclaiming the first phase of this Act is a positive step in the right direction,” says Minister of Workforce, Advanced Learning and Population Jenn Redmond. “It is essential to establish protections that ensure temporary foreign workers receive fair treatment and the respect they deserve.”
P.E.I. previously announced a grant to improve housing for temporary foreign workers.
Plight of temporary foreign workers
Despite the coming legislation, the delay in its implementation has faced criticism.
In May 2024, Matthew MacFarlane, MLA Borden-Kinkora, said that it is “deeply concerning” that despite the passing of the legislation in 2022, this “critical piece of legislation has yet to come into effect even after two years”.
He noted that during the bill’s debate, it was expected that the implementation process would take approximately six months.
“The prolonged delay in implementing these protections is unacceptable,” said MacFarlane.
In 2024, Tomoya Obokata, United Nations Special Rapporteur on contemporary forms of slavery, said that the TFW Program “serves as a breeding ground for contemporary forms of slavery, as it institutionalizes asymmetries of power that favour employers and prevent workers from exercising their rights”.
Here’s how employers using the TFW Program can stay compliant as government oversight increases, according to two experts.
