Following an extended period of increased scrutiny on the Temporary Foreign Worker Program (TFWP), both Canada's Immigration Minister and Minister of Employment, Workforce Development, and Official Languages have spoken out against system abuses by Canadian employers.
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On August 6th, Minister Boissonnault spoke at a news conference on behalf of Employment and Social Development Canada (ESDC), announcing a slew of measures aimed against TFWP abusers. Specifically, they were:
Enforcing a continuous 20% cap on temporary foreign workers, including those in the "dual intent sub-stream" who plan to apply for permanent immigration. Employers employing the dual intent stream must also comply with more strict standards;
Stricter control and inspections of labour market impact assessments (LMIAs), particularly in high-risk locations; and
Introducing a foreign worker stream for agricultural and seafood processing.
In addition, the Minister described other actions he was exploring, including:
Possible increases in LMIA fees to cover increased integrity and processing efforts.
Enforcing employer eligibility standards, which may include tighter criteria for employers, such as demanding a minimum number of years in company or taking into account an employer's history of layoffs; and
Introducing restrictions and refusing to process applications for the TFWP's low-wage stream, particularly for employers in areas and industries prone to abuse.
These comments follow statements made by Employment Minister Boissonnault in a joint press conference with Immigration Minister Miller in March of this year, in which the Employment Minister emphasized the importance of Canadian employers using the TFWP as a last resort, rather than in place of Canadian workers who could perform the same job.
While Minister Boissonnault's comments sparked fresh interest in the TFWP and potential abuses, a United Nations study released on July 22nd claimed that the TFWP was a “breeding ground” for severe abuses of foreign workers.
Following both, Minister Miller spoke to Reuters about the need for improvement in the TFWP. Miller acknowledged that the TFWP was "in need of reform," but also noted that it was not "fatally flawed." He did, however, concur with Boissonnault's assessment of the low-wage stream, describing it as a road that "we need to take a more careful look at." Ministers Miller and Boissonnault have already expressed concern that the TFWP's low-wage stream risks unduly reducing wages for both foreign and domestic workers in Canada.
What rights do TFWP employees have, and how do they report abuses?
Though a prevalent element among TFWP abuses appears to be a lack of awareness about labour rights, Canada has comprehensive labour regulations that apply to all temporary foreign workers in the nation. As a temporary foreign worker in Canada, persons enjoy the following rights:
Get information about their rights from their employer.
Obtain a signed copy of their employment agreement on or before their first day of work.
Be paid for their labour in accordance with the terms of their employment contract, including overtime if stipulated.
Work in an abuse-free workplace, including protection from reprisals;
Have their employer follow the employment and recruitment standards of the province or territory where they work.
Allow their employer to arrange and pay for private health insurance that covers emergency medical care until they are eligible for provincial or territorial health insurance; and
Access health care services if you are injured or get unwell at work, provided your employer makes reasonable attempts.
Furthermore, temporary foreign workers in Canada cannot be:
Forced to perform hazardous jobs or tasks not approved by their employment contract;
Forced to labour while unwell or injured;
Pressured or coerced to work overtime that is not specified in their job agreement;
Punished for reporting harassment, poor working conditions, inadequate housing, or collaborating with official inspections.
Their employer may take away their passport or work permit.
Their employer may deport them from Canada or modify their immigration status; and
Made to reimburse the employer for any recruitment-related expenditures incurred in hiring them.
Furthermore, if a foreign worker believes they may be the victim of abuse on the part of their employer, they can (among other things):
Apply for an open work permit (OWP) in Canada, which will allow them to continue working in the nation in most industries and for most businesses;
Report abuse through Service Canada's helpline, or to ESDC online, by phone, or in person.
Seek assistance from a support organization for migratory workers.
Contact the provincial or territorial occupational health and safety office (if applicable); and
Contact the provincial or territorial occupational health and safety office (if applicable); and
Contact their employment standards office (if an employer violates an employment contract).
Foreign workers can also access the IRCC's website to find non-compliant employers who have already violated their TFWP commitments.
Employers who fail to comply with TFWP guidelines may face significant fines, ranging from warning letters to Administrative Monetary fines (AMPs) of $500 to $100,000 per violation—up to a maximum of $1 million per year. More significant infractions may result in temporary (one to ten year) or permanent exclusion from the program.
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