Working in Canada
Rights and responsibilities
Canadian laws and regulations ensure that all workers in Canada, including TFWs, follow the same rules and have the same protections. These are often referred to as rights and responsibilities, and some of these apply to you as the worker, and others apply to your employer.
At the most basic level, employers must pay you fairly for your work; they must make sure that your workplace is safe; they can only deduct certain items from your pay cheque; and they do not have the right to take your passport or work permit away from you. You can find out more from the CIC website about your rights as a temporary foreign worker.
As an employee, you must learn and follow the health and safety standards that apply to your work site and trade, you must ensure that you are actually certified to work in your trade or occupation in Canada, and you must adhere to the limitations that are listed in your work permit. This includes only working at a job site if you have a valid work permit to work for that specific employer.
If you are unsure of your rights or responsibilities, or think you are being treated unfairly, there are agencies and organizations that can help you. The main contact is through your provincial or territorial labour standards office, which you can find on the CIC website. There are people in each office who can talk to you, and you do not need permission from anyone to call these people. For general information on your rights as a TFW, visit Citizenship and Immigration, Temporary Workers and the Law.
Following is a list of standards and practices that you should be aware of while working in the Canadian construction industry:
Health and Safety Standards – Health and safety is everyone’s concern. All workers have a right to a safe and healthy workplace. Most importantly, you have the right to refuse work that you feel is dangerous, in which case your employer has to keep paying you until the danger is removed or a government official tells you it is safe to do the work. Your employer is responsible for ensuring that you have access to information about workplace safety. Many employers provide courses in first aid and other health and safety methods. Be sure to ask your employer about any information they have about work place safety. If you are unsure of the safety of your work place, you can ask yourself these questions:
- Have I been properly trained for the job I am doing?
- Have I been given the correct safety equipment to do the job?
- Do I feel unsafe when doing my job?
- Do I work close to dangerous materials?
If you are unsure of the safety practices on your work site, you can contact your local employment or labour standards office. If you work for a federally regulated employer, your health and safety codes are developed and monitored by the federal government. For information about federally regulated workplace health and safety issues see the Labour site at HRSDC. For all other employers, the province/territory where you work is responsible for occupational health and safety issues. You can find links to provincial/territorial workplace safety programs from this list of provincial labour sites.
Most provinces and territories provide benefits to workers injured on the job. This might be called Workplace Health and Safety Compensation or Insurance, Workers Compensation, or in Québec, Commission de la santé et de la sécurité du travail. In most provinces and territories, employers are responsible for signing you up for this program. If your employer does not have to take part in this plan, your employment agreement should make this clear. Employers cannot deduct money from your cheque for payment into this plan.
Should you become injured at work, you should be sure to inform your supervisor of the accident as soon as it happens, fill out any accident report used by your employer, and see a doctor right away if you need medical help. For more information about workplace safety insurance, visit the HRSDC website.
Labour standards – Labour or employment standards are a set of minimum standards that employers and employees must follow while working. Most workplaces are covered by provincial labour standards acts. Usually, standards include such things as minimum wage rates, hours of work and mandatory breaks, overtime requirements, deductions from wages, vacation leave and other forms of leave (to name a few).
You need to be aware of your rights and responsibilities in the workplace. Many of the standards offices provide a contact number and reading material that help you understand what the standards are in the province or territory where you are working. You do not need your employer’s permission to contact these offices. A list of contact numbers can be found on the CIC website.
Payroll deductions – Every employee in Canada has deductions taken off of their pay by the employer. Some of these are standard deductions and some of them are unique to each person. The labour standards codes determine what deductions are allowed and which are not allowed. Check with your provincial/territorial employment standards office for more information.
Standard deductions – Every worker in Canada has standard deductions from their wages. These include federal and provincial taxes, Employment Insurance (EI), and Canada Pension Plan (CPP) or Régie de rentes du Québec in Québec.
Federal and provincial taxes are paid by each person living and working in Canada.
Employment Insurance (EI) provides temporary financial assistance for unemployed workers (regular benefits) and those who are sick, pregnant or caring for a newborn or adopted child. It also assists workers who are providing care or support to a family member who is seriously ill with a significant risk of death. Regular and sickness benefits can generally only be collected while workers are in Canada, and since TFWs typically leave Canada they are ineligible to collect these benefits. Other benefits may be collected when workers are inside or outside of Canada. Regardless of the type of benefit, TFWs must meet the same eligibility requirements as Canadians and permanent residents to qualify. For more information, visit the HRSDC website.
Canada Pension Plan (CPP) and Régie de rentes du Québec both provide workers who make contributions with a reliable pension that can be augmented by other pensions or their personal retirement savings. It is important to remember that both of these programs are designed to support workers who contribute to the plan. Even after you leave Canada, you can still apply for your retirement funds when you become eligible. For more information about the Canada Pension Plan, contact the CPP.
Non-standard deductions – Each province has different rules around what can and cannot be deducted from your pay cheque. There are two general rules. First, if a court says a deduction is allowable, your employer can typically take the money off of your cheque. Second, if the deduction somehow benefits the employee, then the deduction is eligible. However, in this case the employer must tell you of the deductions, and you must give your permission to have the money removed. The employer should include any intended deduction in the employment contract prior to the employee starting work.
As a TFW, there are certain things that cannot be deducted from your pay cheque. In certain provinces, employers cannot deduct any money spent to recruit or select you, or any of their costs associated with using a recruiter or employment broker. If you are part of the pilot for occupations requiring lower levels of formal training, your employer cannot deduct any of your travel costs.
Remember, the employer cannot deduct money without your agreement. If you are not sure about the deductions, you can contact the labour or employment standards office in the province or territory where you are working.
Occupational certification – Each province is responsible for determining the qualifications of workers in construction occupations. As a result, regulatory requirements vary from province to province. For instance, Quebec and Alberta have a large number of compulsory trades, whereas most trades in British Columbia are not compulsory. For compulsory occupations, workers need to pass some sort of test demonstrating their skill level upon their arrival in Canada. Many employers help their workers to arrange for tests, but it is important to remember that it is your responsibility as the worker to ensure you are certified. Working with your employer is the best solution.
The process for certification of TFWs is the same as the one used for out-of-province workers. Typically, workers have a specific time period in which to take and pass the test for compulsory trades. If a worker does not pass the exam within this time period, they can no longer work on the job site.
Time frames and rules about taking the test more than once vary from province to province, just like the need for certification. For example in Alberta, the qualifications and training of the TFW are reviewed in order for the worker to work under the supervision of a journeyperson for up to 180 days, during which time the worker must take and pass the test. Extensions to the 180 days can be requested but are not automatic. Go to the Alberta Apprenticeship and Industry Training website for more information.
In Ontario, workers must take and pass the test, but may be provided with a provisional certificate if there is a delay between the employment start date and the test date. In British Columbia, TFWs apply to challenge exams for certain occupations. They must first submit documentation proving that they have the requisite skills and/or actual hours worked in order to take the examination, in addition to getting declarations from any previous employers who can confirm previous work experience. Workers are responsible for all costs associated with the application process, including translation required for document or telephone verification.
You can use the Government of Canada Working in Canada Tool to identify occupation-specific regulatory requirements and contact information for the regulatory body responsible for that occupation.
Occupational certification requirements: Can I use my foreign qualifications and credentials?
Each province is responsible for determining the qualifications of workers in construction occupations. As a result, regulatory requirements vary from province to province, even for the same job.
In Canada, there are a number of occupations that have compulsory or mandatory certification (also known as "designated trades" in Alberta). To work in these occupations, workers require a recognized trade certificate issued by a provincial government following a certification process.
Voluntary or non-compulsory certification trades are those where the employer decides if the worker has the skills and knowledge necessary to do the job, and certification is available and encouraged, but not a requirement to do the job. Click on the Working in Canada glossary for more information on what these terms mean.
Occupations that require compulsory or mandatory certification include:
- regulated professions, and
- apprenticable trades.
Regulated professions usually require several years of university or college education, practical experience under the supervision of a licensed worker in the chosen profession, and the successful completion of a licensure examination. Physicians, nurses, and professional engineers are examples of workers in regulated professions. It is important to note that provinces and territories sometimes expect different things from their regulated professionals. In some instances, this means that a person licensed in one province may have to re-apply for a license in order to work in another province or territory.
Apprenticable trades usually require the completion of a period of apprenticeship training on the job by a licensed journeyperson, some specialized college education courses, and the successful completion of a certification examination. Mechanics, plumbers, and welders are examples of workers in apprenticable trades. Across Canada, there are about 50 different regulated professions and more than 100 apprenticable trades. Combined, the regulated professions and trades are about 20% of the Canadian workforce.
Is certification in my occupation compulsory? – Your employer will tell you whether certification in your occupation is compulsory. If it is, your employer may work with you directly to make sure that you can obtain the required certification once you arrive in Canada. Part of this process could involve having your existing credentials recognized; typically you will be required to pass an exam once you arrive in Canada.
Even if your occupation does not have mandatory or compulsory certification, you may still wish to have your foreign credentials recognized. There are several sources of information that will tell you how to get your foreign credentials recognized. Service Canada provides an overview on Having your credentials recognized. Information is also available from the Foreign Credentials Referral Office website. The Canadian Information Centre for International Credentials (CICIC) provides information for newcomers on the assessment of foreign credentials, the recognition of qualifications, prior learning assessment and recognition, and credential evaluation services in Canada. See Information regarding employment in Canada for specific professions and trades. Credential Assessment Services can also be found through the Canadian Information Centre for International Credentials: Provincially Mandated Evaluation Services.
Having your foreign credentials recognized can be time consuming. It is a good idea to speak with your employer to find out if it is useful for you to get your foreign credentials recognized.
Understanding the Canadian workplace culture
Working in Canada, you may come into contact with different ways of communicating and behaving than what you expect, or are used to in your home country. You may even find some regional differences across Canada because of its size. Following are some generalizations that can be made about most Canadians:
- Canadians respect authority and the rule of law. They tend to try to negotiate and come to agreements, rather than engaging in direct conflict.
- Employers expect employees to be on time, and to get down to work. Employees are expected to be able to work independently, but also as a team where necessary. As an employee, it is better to be honest about challenges or mistakes than to hide them. For example, it is better to tell your employer that you are sick and unable to go to work, than to just not show up.
- Canadians are on the whole health conscious, and smoking in public spaces is banned in many cities. Employees should check to see what the rules are on the work site.
The following website offers tips that apply to daily interaction with Canadians both inside and outside of the workplace, including Canadian workplace etiquette. There is also a short video prepared by COSTI Immigrant Services that describes what employers expect from potential candidates. This is best viewed if you have a high-speed Internet connection. Finally, the Newcomer’s Introduction to Canada includes tips and information on Canadian social expectations and standards, which also apply to the workplace.
This page last updated December 2009
