Temporary public policy concerning the application of the cumulative duration limit

The cumulative duration limit disproportionately targets certain sectors of the economy due to its application to lower-skilled and technical occupations in the Temporary Foreign Worker Program. It was designed to prevent growth of a long-term temporary foreign worker movement of individuals who are unable to transition to permanent residence. However, it is unpopular with employers, and the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities has recommended its elimination. A repeal of the cumulative duration regulation limit is planned. Eliminating the effect of the regulation now will prevent further disruption of the seasonal worker movement, encourage foreign workers to remain in status, and give more time to technical workers, who qualify, to transition to permanent residence, if that is their desire.

Therefore, pursuant to subsection 25.2 of the Immigration and Refugee Protection Act, I, Minister John McCallum, hereby establish that there are public policy considerations warranting an exemption from paragraph 200(3)(g) of the Immigration and Refugee Protection Regulations, for the following foreign nationals:

All foreign nationals who have made an application for a work permit that has not yet been determined at the time this public policy takes effect, or who make such an application that is determined prior to the expiry of this public policy.

This public policy takes effect on December 13, 2016, and will expire upon the coming into force of the regulatory amendment repealing section 200(3)(g) of the Immigration and Refugee Protection Regulations.

John McCallum, P.C., M.P.
Minister of Immigration, Refugees and Citizenship
Dated at Ottawa, this 13th day of December, 2016

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