Ministers Address Abuses in the TFWP
The Temporary Foreign Worker Program (TFWP) has come under increased scrutiny recently, prompting key statements from Canada’s Immigration Minister and the Minister of Employment, Workforce Development, and Official Languages. Both ministers have condemned instances of employer abuses within the program.
New Measures Announced to Curb Abuses
On August 6th, Minister Boissonnault representing Employment and Social Development Canada (ESDC) announced a series of measures targeting the misuse of the TFWP by employers:
- Enforced 20% Cap: A consistent 20% cap on temporary foreign workers will be implemented, including those in the “dual intent sub-stream” aiming for permanent residency. Employers using this stream will face stricter guidelines.
- Stricter LMIA Oversight: Enhanced oversight on Labour Market Impact Assessment (LMIA) issuance and inspections, especially in high-risk areas.
- New Agricultural Stream: Introduction of a specific labour stream for Agriculture and Seafood processing sectors.
Additional Proposed Reforms
Minister Boissonnault also mentioned further potential reforms under consideration:
- Possible LMIA Fee Increases: To fund additional integrity and processing activities.
- Stricter Employer Eligibility Criteria: Including requirements such as a minimum number of years in business and scrutiny of an employer’s layoff history.
- Low-Wage Stream Restrictions: Potential restrictions or refusal to process applications for the low-wage stream of the TFWP for employers in high-abuse areas and industries.
Statements from Ministers on Reform Necessity
These announcements follow earlier comments from Employment Minister Boissonnault in March, emphasizing that Canadian employers should resort to the TFWP only as a last measure, preferring Canadian workers whenever possible.
A U.N. report released on July 22nd highlighted significant abuses within the TFWP, describing it as a “breeding ground” for worker exploitation.
Immigration Minister Miller, addressing Reuters following these findings, acknowledged the necessity for change within the TFWP. Though admitting the program needed reforms, Miller stated it was not “fatally flawed” but concurred with Boissonnault that the low-wage stream required closer examination due to risks of wage depression for both foreign and domestic workers in Canada.
Rights and Reporting Abuses in the TFWP
Canada’s Temporary Foreign Worker Program (TFWP) is supported by robust labour laws designed to protect temporary workers. Despite instances of inadequate communication regarding these rights, foreign workers in Canada are entitled to:
- Information about their labour rights from their employer.
- A signed employment agreement before starting work.
- Payment according to the terms of their employment agreement, including any specified overtime.
- A workplace free from abuse and retaliation.
- Adherence to provincial or territorial employment and recruitment standards by their employer.
- Employer-provided private health insurance covering emergency medical care until eligible for provincial or territorial health insurance.
- Access to healthcare services if injured or ill at the workplace, with the employer making reasonable efforts.
Temporary foreign workers in Canada cannot be:
- Forced to perform unsafe or unauthorized tasks.
- Compelled to work when sick or injured.
- Pressured into overtime not included in their employment agreement.
- Punished for reporting mistreatment, unsafe work conditions, inadequate housing, or cooperating with government inspections.
- Deprived of their passport or work permit by their employer.
- Deported or have their immigration status altered by the employer.
- Made to repay recruitment-related fees.
To report abuses, temporary foreign workers can:
- Apply for an open work permit (OWP) to work with various employers across industries.
- Report abuses through Service Canada’s helpline or ESDC online, by phone, or in person.
- Seek support from migrant worker organizations.
- Contact provincial or territorial workplace health and safety offices, if relevant.
- Reach out to employment standards offices if employers violate employment agreements.
Workers can also visit the IRCC’s website to identify non-compliant employers who have violated TFWP responsibilities.
Employers failing to meet TFWP standards face penalties ranging from warning letters to Administrative Monetary Penalties (AMPs) between $500 and $100,000 per violation with a potential maximum of $1 million annually. Severe violations could result in temporary bans (1 to 10 years) or permanent program bans.
