Ministers focus on reforming the Temporary Foreign Worker Program, addressing key issues and considering significant changes. to improve regulations. The Temporary Foreign Worker Program has been under intense scrutiny for some time now. The Ministers of Immigration, Employment, Workforce Development, and Official Languages in Canada have both addressed the matter and denounced the abuse of the program by employers in their country.

On August 6th, Minister Boissonnault, representing Employment and Social Development Canada (ESDC), held a press conference where he targeted those who abuse the TFWP. He introduced a range of measures aimed at addressing these abuses.

  • Implementing a uniform 20% limit on the number of temporary foreign workers, including those in the “dual intent sub-stream” who plan to apply for permanent residency. Employers utilizing this sub-stream will also be required to adhere to more rigorous guidelines.
  • Enhancing oversight and inspections of Labor Market Impact Assessment (LMIA) issuances, particularly in high-risk sectors.
  • Introducing a new foreign labor stream specifically for the Agriculture and Seafood processing industries.

Additionally, the Minister outlined other measures he was contemplating, including: 

  • Potential increases in LMIA fees to support enhanced integrity and processing efforts.
  • Imposing stricter employer eligibility requirements, which may include a minimum number of years in business or a review of the employer’s history of layoffs.
  • Implementing restrictions and refusing to process applications for the low-wage stream of the TFWP for employers in specific regions and industries with a history of abuse.

During a joint press conference with Immigration Minister Miller in March of this year, Employment Minister Boissonnault made some earlier remarks, which are now expanded upon. Minister Boissonnault stressed at the time that Canadian firms should not use the TFWP as a replacement for available Canadian workers, but rather as a last resort.

The TFWP and possible abuses have come under additional investigation as a result of Minister Boissonnault’s recent remarks. A U.N. study published on July 22nd, asserting that the TFWP acts as a “breeding ground” for serious maltreatment of foreign workers, added gasoline to this increased focus.

Minister Miller responded by discussing the need for TFWP modifications with Reuters. Although he said that the program needs “reform,” he insisted that it is not “fatally flawed.” In regard to the low-wage stream, he agreed with Minister Boissonnault’s assessment that it “needs a more careful examination.” Prior to this, Ministers Miller and Boissonnault both voiced concerns over the possibility that the TFWP’s low-wage stream was a factor in Canada’s artificial lowering of wages for both domestic and international workers.

Understanding Workers’ Rights and Reporting Abuses in the Temporary Foreign Worker Program 

A recurring issue with TFWP abuses appears to be inadequate communication regarding labor rights. However, Canada has robust labor laws that apply to all workers, including temporary foreign workers. As a temporary foreign worker in Canada, individuals are entitled to:

  • Receive Information About Rights: Get information from your employer regarding your rights as an employee.
  • Signed Employment Agreement: Obtain a signed copy of your employment agreement by or before your first day of work.
  • Compensation According to Agreement: Be paid according to the terms specified in your employment agreement, including any overtime pay outlined.
  • Safe Work Environment: Work in an environment free from abuse and with protection against retaliation.
  • Compliance with Standards: Ensure your employer adheres to employment and recruitment standards relevant to the province or territory where you work.
  • Private Health Insurance: Make sure your employer provides and covers the cost of private health insurance for emergency medical care until you qualify for provincial or territorial health insurance.
  • Access to Healthcare: If you are injured or ill at work, your employer should make reasonable efforts to help you access healthcare services.

In addition, temporary foreign workers in Canada are not allowed to be:

  • Unsafe Work or Unauthorized Tasks: Temporary foreign workers cannot be forced to perform unsafe work or tasks that are not specified in their employment agreement.
  • Forced Work When Sick or Injured: They cannot be compelled to work if they are ill or injured.
  • Unapproved Overtime: They should not be pressured or forced to work overtime that is not included in their employment agreement.
  • Retaliation for Reporting Issues: They cannot be punished for reporting mistreatment, unsafe working conditions, inadequate housing, or for cooperating with government inspections.
  • Confiscation of Passport or Work Permit: Employers cannot take away their passport or work permit.
  • Deportation or Immigration Status Change: Employers cannot deport workers from Canada or alter their immigration status.
  • Reimbursement of Recruitment Fees: They should not be required to repay any recruitment fees that the employer might have paid to hire them.

If a foreign worker believes they are being mistreated by their employer, they can take the following actions:

  • Apply for an Open Work Permit (OWP): Request an open work permit in Canada, which allows them to work in various industries and for different employers.
  • Report the Abuse: Report the mistreatment through Service Canada’s helpline, or to Employment and Social Development Canada online, by phone, or in person.
  • Seek Support from Advocacy Groups: Reach out to organizations that support migrant workers for assistance.
  • Contact Workplace Health and Safety Office: Get in touch with their provincial or territorial workplace health and safety office if applicable.
  • Contact Employment Standards Office: Report to the employment standards office if their employer has violated the terms of their employment agreement.

In addition, foreign employees can use the IRCC website to find companies that have already violated the TFWP agreements.

Employers risk serious consequences if they violate TFWP standards. These can be anything from warning letters to Administrative Monetary Penalties (AMPs), which have a maximum yearly amount of $1 million and can range from $500 to $100,000 for each infraction. Penalties for more serious infractions could include permanent exclusion from the program or short-term bans from participation, which could last one to ten years.