In recent years, New Brunswick has seen a notable increase in the number of temporary residents, including foreign workers, living and working in the province. The foreign worker population grew from 17,665 in 2021 to 23,395 in 2024. Over time, the number of foreign workers in the Temporary Foreign Worker Program (TFWP) has also increased, rising from 1,660 in 2012 to 3,845 in 2024. In addition, the number of international students more than doubled between 2021 and 2024, increasing from 4,515 to 10,470.
Temporary residents play an important role in addressing labour supply challenges in priority sectors such as healthcare, construction, and education. In New Brunswick, temporary foreign workers have also played an important role in smaller communities, providing a vital labour force in industries like seafood processing and agriculture, which are often located outside of urban centres.
The Employment Standards Act (the Act) in New Brunswick sets the basic employment requirements in the province. Provisions in the Act apply to all workers in New Brunswick, including foreign workers.
The Act includes specific provisions to protect foreign workers, including a Registry of Employers of Foreign Workers and prohibitions on employers of foreign workers. Prohibitions include:
- Employers cannot require foreign workers to use an immigration consultant.
- Only immigration program fees approved by the federal government may be charged to foreign workers.
- Employers cannot reduce wages, benefits, or terms promised to foreign workers.
- Employers and recruiters cannot mislead foreign workers about employment terms.
- Employers and recruiters cannot provide misleading information on foreign worker’s rights and responsibilities.
- Employers and recruiters cannot take or keep a worker’s personal documents or belongings, such as passports or work permits.
- Employers who provide housing cannot prevent a worker from living elsewhere.
- Employers and recruiters cannot threaten workers with deportation or other actions.
Employers in New Brunswick who intend to hire foreign workers are also required by the Employment Standards Act to register with the province by providing information about their business and the foreign workers they employ or intend to employ. This information allows Government to access information about foreign workers directly from employers and ultimately enforce employment standards for foreign workers.
