Question Period Note: Response to concerns that government-supported Stellantis-LG battery plant will use temporary foreign workers.

Local politicians and union members in Windsor are raising concerns that a battery plant currently being built in the city will employ temporary foreign workers to fill positions. The plant is expected to receive billions in financial support from the Province of Ontario and the federal government

The Government takes seriously its commitments to Canadian workers. Any employers seeking access to the Temporary Foreign Worker program must demonstrate that they have made reasonable efforts to recruit Canadians and permanent residents and that jobs are widely advertised to Canadian job seekers.

The TFW Program requires a Labour Market Impact Assessment to demonstrate that there is a genuine labour market need that cannot be filled by a Canadian or permanent resident. 

We will continue to monitor the labour market to ensure that the Temporary Foreign Worker Program remains aligned with Canada’s economic needs, and that Canadians are prioritized for available jobs. 

It is important to note that Canada also has commitments with key trading partners in relation to labour mobility but with respect to these projects our government expects Canadian services, products, and the Canadian workforce to be the first to benefit.

If Pressed (on protecting Canadian jobs)

The Temporary Foreign Worker (TFW) Program enables employers to fill labour shortages when Canadians and permanent residents are unavailable. Along with the International Mobility Program (IMP) at Immigration, Refugees and Citizenship Canada (IRCC), the TFW Program is one of Canada’s two temporary work entry programs. 

Along with the International Mobility Program (IMP), which is administered by IRCC, ESDC’s TFW Program is one of Canada’s two temporary work entry programs.

Unlike the International Mobility Program, the TFW Program requires prospective employers to submit a Labour Market Impact Assessment (LMIA), which requires employers to demonstrate that there is a valid reason to hire a temporary foreign worker over a Canadian or permanent resident.  

The LMIA is an important tool that helps ensure that there is a need within the Canadian labour market to hire temporary foreign workers. It also reinforces program conditions, standards and employer obligations to ensure that migrant workers are protected. the LMIA ensures that businesses are genuine, that efforts to advertise available jobs to Canadians were undertaken.

Under the high wage stream, employers must provide documents along with their LMIA application to demonstrate that their business and job offer are legitimate. They must also provide a transition plan that describe the activities they are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce reliance on the TFW Program. Employers must also conduct recruitment efforts to hire Canadians and permanent residents before offering a job to a temporary foreign worker and use the Job Match service where employers are required to invite all job seekers (rated 4 stars) matched within the first 30 days of their job advertisement to apply for the position. Wages offered to temporary foreign workers should also be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience. English or French are the only languages you can identify as a job requirement in your LMIA application and job advertisement. If another language is essential for the job, the employer must provide a justification on the application.

If the employers are hiring temporary foreign workers for positions covered under a collective agreement, they must advertise and offer the same wage rates as those established under the collective agreement, offer the temporary foreign worker the same terms and conditions as Canadian and permanent resident workers, submit a copy of the section of the collective bargaining agreement on the wage structure. The hiring of temporary foreign workers must not affect current nor foreseeable labour disputes at the workplace. During the LMIA assessment, if it is determined that hiring temporary foreign workers is likely to adversely affect the course, the outcome or the settlement of any labour dispute, the employer could receive a negative LMIA decision. It is recommended that employers work actively with union representatives to recruit Canadians and permanent residents.

With respect to worker protections, Service Canada officers also use the LMIA to confirm that employers have adhered to program requirements designed to improvement the protections for workers and enhance the Program’s integrity. Employers also commit to key worker protection measures (including, for certain program streams, paid return airfare and a commitment to help with affordable housing).  

Most of the work permits issued for this project were to workers entering via IRCC’s International Mobility Program. Only one Work Permit is tied to a worker from the Temporary Foreign Worker Program. As such, IRCC is best positioned to respond to questions regarding temporary foreign workers hired for this investment.

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