The Temporary Foreign Worker Program takes central stage as ministers ponder further revisions.

Possible Upcoming Revision on Temporary Foreign Worker Program in Canada:

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.

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:

  1. 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;
  2. Stricter control and inspections of labour market impact assessments (LMIAs), particularly in high-risk locations; and
  3. Introducing a foreign worker stream for agricultural and seafood processing.
Schedule Your Consultation Now!

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 harsher requirements for employers, such as demanding a minimum number of years in company or taking into account an employer’s history of layoffs; and
  • Introducing limits and refusing to accept applications for the TFWP’s low-wage stream, particularly for firms in certain locations and industries known for misuse.

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 with Reuters about the need for changes in the TFWP. While acknowledging that the program “needed reform,” Miller nevertheless argued that the TFWP was not “fatally flawed.” He did, however, agree with Boissonnault’s assessment of the low-wage stream, describing it as a channel that “we need to take a more careful look at.” Ministers Miller and Boissonnault have already discussed how the TFWP’s low-wage stream has the potential to unfairly reduce wages for both international and domestic workers in Canada.

What rights do TFWP workers have, and how can they report abuse?

Though a prevalent element in TFWP abuses appears to be a lack of communication regarding employment rights, Canada has comprehensive labour regulations that apply to all temporary foreign workers in the nation. As a temporary foreign worker in Canada, you have the right to:

  1. Receive information about their rights from their employer.
  2. Obtain a signed copy of their employment agreement on or before the first day of work;
  3. Be paid for their labour in accordance with the terms of their employment agreement, including overtime if stipulated.
  4. Work in a workplace devoid of abuse, including protection against reprisals;
  5. Ensure that their employer follows the employment and recruitment standards in the province or territory where they work.
  6. 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
  7. Access health care services if you are injured or become unwell at work, as long as your employer makes reasonable attempts.

Furthermore, temporary foreign workers in Canada cannot be

  1. Forced to perform dangerous work or tasks not approved by their employment agreement.
  2. Forced to labour while unwell or injured;
  3. Pressured or pushed to work overtime not specified in their employment agreement;
  4. Punished for reporting mistreatment, dangerous working conditions, insufficient housing, or collaborating with official inspections;
  5. Their employer may take away their passport or work permit.
  6. Deported from Canada or have their employer change their immigration status;
  7. Made to reimburse any recruitment-related fees that the employer may have paid to hire them.

Furthermore, if a foreign worker believes they are the victim of abuse on the part of their employer, they can (among other steps):

  1. Apply for an open work permit (OWP) in Canada, which allows them to continue working in most industries and for most businesses;
  2. Report the abuse via Service Canada’s helpline or to ESDC online, via phone, or in person;
  3. Seek assistance from a supporting group for migratory workers.
  4. Contact their provincial or territorial occupational health and safety officer (if applicable); and
  5. Contact their employment standards office (if their employer violates an employment agreement).

Foreign workers can also look up non-compliant employers that have previously violated their TFWP responsibilities on the IRCC’s website.

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—with a maximum of $1 million per year. More significant infractions may result in temporary suspensions (varying from one to ten years) or even permanent bans from the program.

Contact the Experienced Canada Work Permit Expert in Edmonton

Schedule Your Consultation Now!