Understanding EPFNA: Protecting the Rights of Foreign Workers in Ontario

The Employment Protection for Foreign Nationals Act, 2009 (EPFNA) is a key piece of legislation in Ontario that provides legal protections to foreign nationals employed under temporary work permits. Enacted in response to concerns over exploitation and unfair labour practices, EPFNA aims to ensure that all individuals working in Ontario—regardless of immigration status—are treated with fairness, dignity, and respect.

This law applies specifically to individuals employed through federal programs such as the Temporary Foreign Worker Program (TFWP) and those working under employer-specific immigration streams.

Key Legal Protections Under EPFNA

EPFNA outlines several important rights for foreign workers, as well as obligations for employers and recruiters:

1. Prohibition on Charging Recruitment Fees

Recruiters and employers are prohibited from charging or recovering recruitment or placement fees from foreign workers. All associated costs must be borne by the employer or recruitment agency.

2. Protection of Personal Documents

Employers and recruiters are not permitted to withhold or confiscate personal documents such as passports, work permits, or identification cards. Workers must retain control of their own documents at all times.

3. Requirement for Written Employment Contracts

Employers must provide a written employment agreement outlining the terms and conditions of employment before a foreign national begins working.

4. Record-Keeping Obligations

Employers and recruiters are required to maintain detailed records regarding employment terms, recruitment, and compliance with EPFNA for a minimum of three years.

5. Protection Against Reprisal

It is unlawful for an employer or recruiter to retaliate against a worker for asserting their rights under EPFNA, including filing a complaint or cooperating with an investigation.

Who is Covered by EPFNA?

EPFNA applies to foreign nationals working in Ontario under the authority of a federal work permit, including but not limited to:

• Temporary Foreign Workers (TFWs)

• Caregivers, including those under the former Live-in Caregiver Program

• Seasonal and agricultural labourers

• Individuals employed under employer-specific immigration pathways

  
  

Legal Support from Apuntar Legal Services

At Apuntar Legal Services, we are committed to providing accessible and professional legal representation to individuals affected by violations of EPFNA. Our licensed paralegals assist clients with:

• Preparing and filing complaints under EPFNA

• Recovering illegal recruitment fees and unpaid wages

• Addressing breaches of employment contracts

• Navigating related claims under the Employment Standards Act and Ontario Human Rights Code

We work diligently to ensure our clients receive the support and legal remedies they are entitled to under Ontario law.

Take Action to Protect Your Rights

Foreign nationals working in Ontario have the right to a safe, respectful, and lawful work environment. If you believe your rights under EPFNA have been violated, legal support is available.

Contact Apuntar Legal Services today to schedule a confidential consultation. We will review your situation and help you determine the appropriate next steps based on your circumstances.