Class Action Targets Canada’s Employer-Specific Work Permits

By Visa Jobs CanadaJuly 2, 2025July 2, 2025Policy & Government AnnouncementsCanadian immigration, constitutional challenge, employer-specific permits, temporary foreign workers, work permits

Understanding Canada’s Class Action for Foreign Workers

If you’re exploring job opportunities in Canada and considering visa sponsorship options, there’s news from Quebec that may be relevant to you. A class action has been initiated against the Attorney General of Canada, aimed at addressing some significant concerns related to temporary foreign workers.

What’s the Class Action About?

On September 13, 2024, the Superior Court of Québec approved a class action by the Association for the Rights of Household and Farm Workers. They argue that the current employer-specific work permits—often called “closed” work permits—violate the Canadian Charter of Rights and Freedoms. These permits can sometimes restrict workers to a single employer, making it tricky for them to seek better job opportunities. The Association seeks to have certain aspects of Canada’s immigration regulations declared unconstitutional and is asking for monetary compensation for affected workers.

Who Can Join the Class Action?

If you worked in Canada after April 17, 1982, without being a Canadian citizen or permanent resident, you might qualify to join this class action. Here are some specific conditions you should check:

Work Permit Exemptions: If you worked in Canada without a permit because you were employed by a foreign entity or by someone not a Canadian citizen, you could be included. This covers:
- Domestic workers, caregivers, or personal assistants who came to Canada with their employers or for short-term stays.
- Accredited workers employed by foreign representatives, such as ambassadors.

However, it’s worth noting that this does not include individuals working for embassies, consulates, or those with the United Nations or similar organizations.

Why Does This Matter to Job Seekers?

If you’re considering applying for jobs in Canada, being informed about such legal developments is crucial. Visa sponsorship often ties into employer-specific work permits, so understanding their implications could influence your job choices.

Additionally, if you aim for permanent residency (PR) through pathways like Express Entry or Provincial Nominee Programs (PNP), being aware of your worker rights is key. This awareness can assist in making informed decisions and potentially pave the way for better job conditions in Canada.