Canada's New Measures to Protect Temporary Foreign Workers | Canada Immigration News

The Temporary Foreign Worker Program (TFWP) in Canada has come under increased scrutiny due to concerns about employers abusing the system to exploit foreign workers. This has prompted Canada’s Employment Minister, Randy Boissonnault, and Immigration Minister, Marc Miller, to take a firm stance against such abuses. On August 6th, Minister Boissonnault announced a series of new measures aimed at protecting the integrity of the TFWP and safeguarding the rights of temporary foreign workers.

Minister Boissonnault emphasized the need for stricter oversight and introduced several key changes to the TFWP:

1. Enforcing a 20% Cap on Temporary Foreign Workers: A 20% cap will be imposed on the number of temporary foreign workers that an employer can hire. This cap applies to both regular foreign workers and those in the "dual intent sub-stream," who intend to apply for permanent residency in Canada. Employers utilizing this sub-stream will also be subject to more stringent guidelines to ensure compliance.

   
   

2. Stricter LMIA Issuance and Inspections: Labour Market Impact Assessments (LMIAs), which are required for hiring foreign workers, will now undergo stricter scrutiny. The government will increase inspections, particularly in high-risk areas, to ensure that employers are adhering to the rules and not exploiting workers.

3. Introducing a Foreign Labour Stream for Agriculture and Seafood Processing: A new foreign labour stream will be introduced specifically for the Agriculture and Seafood processing sectors. This is in recognition of the unique labor needs in these industries, which rely heavily on temporary foreign workers.

Additional Considerations for the TFWP

Minister Boissonnault also outlined further measures under consideration, including:

• LMIA Fee Increases:
  The government is considering raising LMIA fees to fund additional integrity measures and processing activities. This would ensure that the system has the resources needed to effectively monitor and enforce compliance.

• Stricter Employer Eligibility Criteria:
  Employers may soon face stricter eligibility requirements, such as needing to be in business for a minimum number of years before being allowed to hire temporary foreign workers. Additionally, an employer’s history of layoffs may be taken into account when assessing their eligibility for the program.

• Refusal to Process Low-Wage Stream Applications:
  The government is considering refusing to process LMIA applications for the low-wage stream of the TFWP in certain areas and industries that have been prone to abuse. This is part of a broader effort to prevent employers from using the TFWP to circumvent hiring Canadian workers and artificially depress wages.

Ministers Address Growing Concerns

These new measures and considerations come in response to growing concerns about the TFWP. Both Minister Boissonnault and Minister Miller have expressed concerns about employers using the TFWP to avoid hiring Canadian workers in jobs that they are qualified to perform. The ministers have also pointed out that the low-wage stream of the TFWP poses a particular risk of wage suppression for both foreign and domestic workers.

UN Report Highlights TFWP Abuses

The increased scrutiny of the TFWP was further fueled by a United Nations report released on July 22nd. The report alleged that the TFWP had become a "breeding ground" for significant abuses of foreign workers in Canada. The report highlighted issues such as inadequate working conditions, wage theft, and a lack of protections for temporary foreign workers. This report has reinforced the need for the Canadian government to take action to protect vulnerable workers and ensure that the TFWP is not being misused.

Temporary Foreign Workers' Rights

Temporary foreign workers in Canada are entitled to a range of protections under Canadian labor laws. These rights include:

• Information About Their Rights:
  Employers are required to inform foreign workers about their rights in Canada.

• Employment Agreement:
  Workers must receive a signed copy of their employment agreement on or before their first day of work.

• Fair Pay and Safe Work Environment:
  Workers have the right to be paid according to the terms of their employment agreement and work in an environment free from abuse.

• Health Insurance and Access to Health Services:
  Employers must provide private health insurance that covers emergency medical care until workers are eligible for provincial or territorial health insurance. Workers are also entitled to access health services if they are injured or become ill at work.

Prohibited Actions Against Temporary Foreign Workers

Employers in Canada are prohibited from:

• Forcing workers to perform unsafe work or tasks not authorized by their employment agreement.
• Pressuring workers to work overtime that is not included in their employment agreement.
• Punishing workers for reporting mistreatment, unsafe work conditions, or inadequate housing.
• Taking away workers' passports or work permits.
• Dealing with deportation or changes in immigration status on behalf of the worker.
• Forcing workers to reimburse recruitment-related fees that the employer may have paid.

Reporting Abuses and Seeking Help

If temporary foreign workers believe they are being mistreated, they have several options for seeking help:

• Apply for an Open Work Permit (OWP):
  Workers can apply for an open work permit that allows them to continue working in Canada for most employers in most industries.

• Report Abuses:
  Workers can report abuses through Service Canada’s helpline, online, by phone, or in person. They can also contact the Employment and Social Development Canada (ESDC) to report any mistreatment.

• Seek Support from Organizations:
  There are organizations in Canada that provide support and resources to migrant workers, helping them navigate the system and access their rights.

• Contact Provincial or Territorial Offices:
  Workers can contact their provincial or territorial workplace health and safety office if they encounter unsafe work conditions or their employment standards office if their employer violates their employment agreement.

Penalties for Non-Compliant Employers

Employers who fail to comply with the standards of the TFWP can face severe penalties, including:

• Fines:
  Employers can be fined between $500 and $100,000 per violation, with a maximum annual penalty of $1 million.

• Temporary or Permanent Bans:
  Employers found guilty of more serious violations can face temporary bans (ranging from 1 to 10 years) or even permanent bans from participating in the TFWP.

Conclusion

The Canadian government is taking significant steps to reform the Temporary Foreign Worker Program to ensure that it is used appropriately and that foreign workers are treated fairly. These measures aim to protect workers from exploitation, maintain fair wages, and uphold the integrity of Canada’s labor market. As the government continues to monitor the TFWP, further changes may be implemented to address any emerging issues and safeguard the rights of temporary foreign workers.