Temporary Foreign Worker Program takes centre stage as Ministers consider further reforms

Following an extended period of increased scrutiny on the Temporary Foreign Worker Program (TFWP), both Canada’s Immigration Minister and the Minister of Employment, Workforce Development, and Official Languages have weighed in—speaking out against abuses of the system on the part of employers in Canada.

On August 6th, Minister Boissonnault held a press conference on behalf of Employment and Social Development Canada (ESDC), wherein he took aim at abusers of the TFWP with a suite of measures. Specifically, these were:

• Enforcing a consistent 20% cap on temporary foreign workers—including those in the "dual intent sub-stream" who intend to apply for permanent residency. Employers using the dual intent stream will also need to comply to more stringent guidelines;
• Stricter Labour Market Impact Assessment (LMIA) issuance oversight, and inspections, particularly in high-risk areas; and
• Introducing a foreign labour stream for Agriculture and Seafood processing.

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In addition, the Minister detailed further measures he was considering including:

• Possible LMIA fee increases to fund additional integrity and processing activities;
• Enforcing employer eligibility criteria which may include stricter eligibility criteria for employers, such as requiring a minimum number of years in business or considering an employer’s history of layoffs; and
• Introducing restrictions and refusal to process applications for the low-wage stream of the TFWP, specifically for employers in certain areas and industries that have been rife with abuse.

These comments come further to statements made by Employment Minister Boissonnault, in a joint press conference with Immigration Minister Miller in March of this year, wherein the Employment Minister reiterated the need for Canadian employers to use the TFWP as a last means, and not in place of Canadian workers who could perform the same job.

While Minister Boissonnault’s comments placed renewed interest in the TFWP and possible abuses, these were furthered by a U.N. report released on the 22nd of July, alleging that the TFWP was a “breeding ground” for significant abuses of foreign workers.

Following both, Minister Miller commented to Reuters addressing the need for change in the TFWP. While admitting that the program was “in need of reform”, Miller also stated that the TFWP was not “fatally flawed”. He did however agree with Boissonnault’s assessment of the low-wage stream, citing it as a pathway that “we need to take a more careful look at.” Both Ministers Miller and Boissonnault have commented previously on how the low-wage stream of the TFWP is at risk of artificially depressing wages for foreign and domestic workers in Canada.

What rights do workers in the TFWP have, and how can they report abuses?

Though a common theme among TFWP abuses seems to be a lack of communication about labour rights, Canada has comprehensive labour laws that extend even to temporary foreign workers in the country. As a temporary foreign worker in Canada, individuals have rights to:

• Receive 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 work according to the terms of their employment agreement, including overtime if specified;
• Work in an environment free from abuse, including protection from reprisals;
• Have their employer adhere to the employment and recruitment standards of the province or territory where they work;
• Have their employer secure 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 injured or become ill at the workplace, with reasonable efforts made by the employer.

In addition, temporary foreign workers in Canada cannot be:

• Forced to perform unsafe work or tasks not authorized by their employment agreement;
• Forced to work if they are sick or injured;
• Pressured or forced to work overtime not included in their employment agreement;
• Punished for reporting mistreatment, unsafe work conditions, inadequate housing, or for cooperating with government inspections;
• Subjected to having their passport or work permit taken away by their employer;
• Deported from Canada or have their immigration status changed by their employer; and
• Made to reimburse recruitment-related fees that the employer may have paid to hire them.

Additionally, if a foreign worker feels that they may be the victim of abuses on the part of their employer, they can (among other steps):

• Apply for an open work permit (OWP) in Canada, allowing them to continue to work in the country in most industries and for most employers;
• Report the abuse through Service Canada’s helpline, or to ESDC online, by phone, or in person;
• Seek help from a supporting organization for migrant workers;
• Contact their provincial or territorial workplace health and safety office (if relevant); and
• Contact their employment standards office (if employers violate an employment agreement).

In addition, foreign workers can visit IRCC’s website to see non-compliant employers who have previously violated their responsibilities under the TFWP.

Employers who fail to comply with TFWP standards may face substantial penalties, ranging from warning letters to Administrative Monetary Penalties (AMPs) of $500 to $100,000 per violation—with a maximum of $1 million annually. More serious violations could also be subject to temporary bans (ranging from 1 to 10 years) or even permanent bans from the program.

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