CLASS ACTION AUTHORIZED AGAINST CANADA ALLEGING UNCONSTITUTIONALITY OF"EMPLOYER-TYING MEASURES"(1) IMPOSED ON TEMPORARY FOREIGN WORKERS, INCLUDING EMPLOYER-SPECIFIC OR"CLOSED"WORK PERMITS

MONTREAL,June 28, 2025/PRNewswire/ -- OnSeptember 13, 2024, the Superior Court of Québec authorized the Association for the Rights of Household and Farm Workers to institute a class action against the Attorney General ofCanada.

The Association argues that"employer-tying measures"¹imposed on temporary foreign workers², including employer-specific work permits or"closed"work permits, breach sections 7 and 15(1) of the Canadian Charter of Rights and Freedoms.The Association asks that certain provisions of the CanadianImmigration and Refugee Protection Regulationsbe declared unconstitutional, and thatCharterdamages (monetary compensation) be paid to all members of the class action.

The Attorney General ofCanadacontests the merits of the class action, which will be determined by a trial to be scheduled at a later time.

A person is automatically a member of this class actionIFthey worked inCanadaafterApril 17, 1982without having been a Canadian citizen or a permanent resident ofCanadaat the time,ANDIFthey meet at least one (1) of the following conditions:

• They were issued a work permit which included the condition of working for a specific employer (or group of employers) or at a specific employer's workplace (or group of workplaces):
  
  
  
  
  • They meet this condition if they were hired through the Temporary Foreign Workers Program (TFWP), the Seasonal Agricultural Worker Program (SAWP) or the Non-Immigrant Employment Authorization Program (NIEAP).
    
    
    
    
  • They also meet this conditionif they were hired through the International Mobility Program (IMP) or another immigration stream or program and their work permit included the condition of working for a specific employer (or group of employers) or at a specific employer's workplace (or group of workplaces).

OR

• They were authorized to work inCanadawithout a work permit because they were employed by a foreign entity on a short-term basis, or because they were employed in a personal capacity by an individual who was not a Canadian citizen or permanent resident. This category:
  
  
  
  
  • includesdomestic workers, personal assistants or caregivers (nannies or au pair) who enteredCanadaalong with their employers, or to join their employers for a short-term inCanada;
  • includesaccredited domestic workers employed in a personal capacity by certain foreign representatives, such as ambassadors, high commissioners, heads of international organizations, special representatives, or individuals occupying similar positions;
  • does not includeindividuals who were employed by a foreign State or other foreign entity to work at an embassy, a high commission, a consulate, a permanent delegation to a United Nations agency, or a special representative office;
  • does not include individuals employed by the United Nations, its agencies or an international organization of whichCanadais a member.

Individuals who meet those criteria are automatically included in the class action. They are not required to do anything further to become members of the class action. They will never have to pay legal costs arising from the class action.

If a person does not want to be included in the class action, they mayopt outof the class action byAugust 27, 2025at4:30 PMat the latest. The means of opting out and the consequences of doing so are explained in the detailed notice to members of the class action:

https://www.registredesactionscollectives.quebec/fr/Consulter/ApercuDemande?NoDossier=500-06-001263-231

SOURCE Davies Ward Phillips& Vineberg LLP