Following a prolonged period of heightened scrutiny on the Temporary Foreign Worker Program (TFWP), both Canada’s Immigration Minister and the Minister of Employment, Workforce Development, and Official Languages have expressed their concerns about employer abuses within the system.
On August 6th, Minister Boissonnault, speaking on behalf of Employment and Social Development Canada (ESDC) at a press conference, announced a series of measures aimed at addressing these abuses. These measures include:
- Implementing a uniform 20% cap on temporary foreign workers, including those in the “dual intent sub-stream” who plan to apply for permanent residency. Employers utilizing the dual intent stream will also be required to adhere to more stringent guidelines;
- Tightening oversight of Labour Market Impact Assessment (LMIA) issuance and increasing inspections, particularly in high-risk sectors; and
- Introducing a specialized foreign labour stream for Agriculture and Seafood processing.
The Minister also outlined additional measures under consideration, including:
- Potentially increasing LMIA fees to support enhanced integrity and processing activities;
- Enforcing stricter eligibility criteria for employers, such as requiring a minimum number of years in business or evaluating an employer’s history of layoffs; and
- Introducing restrictions or refusing to process applications under the low-wage stream of the TFWP, particularly for employers in certain regions and industries with a history of abuse.
These proposals build on remarks made by Employment Minister Boissonnault during a joint press conference with Immigration Minister Miller in March, where Boissonnault emphasized that Canadian employers should resort to the TFWP only as a last resort and not as a replacement for Canadian workers who could fill the same roles.
The renewed focus on the TFWP and its potential abuses was amplified by a U.N. report released on July 22nd, which described the program as a “breeding ground” for significant exploitation of foreign workers.
Following these developments, Minister Miller spoke to Reuters, acknowledging the need for changes in the TFWP. While admitting that the program requires reform, Miller clarified that it is not “fatally flawed.” He concurred with Boissonnault’s concerns regarding the low-wage stream, noting that it warrants closer scrutiny. Both Ministers have previously expressed concerns that the low-wage stream of the TFWP risks suppressing wages for both foreign and domestic workers in Canada.
What rights do workers in the TFWP have, and how can they report abuse?
Although a recurring issue with TFWP abuses is the lack of communication about workers’ rights, Canada has robust labour laws that protect even temporary foreign workers. As a temporary foreign worker in Canada, individuals have the right to:
- Receive information about their rights from their employer;
- Obtain a signed copy of their employment agreement before or on their first day of work;
- Be paid according to the terms of their employment agreement, including overtime if applicable;
- Work in an environment free from abuse, including protection from retaliation;
- 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 covering emergency medical care until they qualify for provincial or territorial health insurance; and
- Access health care services if they are injured or become ill at work, with the employer making reasonable efforts to provide assistance.
In addition, temporary foreign workers in Canada cannot be:
- Forced to perform unsafe work or tasks not outlined in 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 working conditions, inadequate housing, or for cooperating with government inspections;
- Subjected to having their passport or work permit confiscated by their employer;
- Deported from Canada or have their immigration status altered by their employer; and
- Made to reimburse recruitment-related fees that the employer may have paid to hire them.
If a foreign worker believes they are experiencing abuse from their employer, they can take several steps, including:
- Applying for an open work permit (OWP) in Canada, which allows them to work in most industries and for most employers;
- Reporting the abuse through Service Canada’s helpline or to ESDC online, by phone, or in person;
- Seeking help from an organization that supports migrant workers;
- Contacting their provincial or territorial workplace health and safety office if relevant; and
- Reaching out to their employment standards office if their employer violates their employment agreement.
Additionally, foreign workers can visit IRCC’s website to view a list of non-compliant employers who have violated their responsibilities under the TFWP.
Employers who fail to comply with TFWP standards may face significant penalties, ranging from warning letters to Administrative Monetary Penalties (AMPs) ranging from $500 to $100,000 per violation, with a maximum of $1 million annually. More severe violations could result in temporary bans from the program, ranging from 1 to 10 years, or even permanent bans.
