Question Period Note: Temporary Foreign Workers

What is the Government doing to help improve the agriculture and agri-food processing sector’s access to labour?

FIRST RESPONSE:

1. Ensuring the health and safety of all workers in Canada’s agriculture and agri-food sector is a top priority for our Government.

2. These workers, domestic and foreign, are essential for the production of safe and reliable food in this country.

3. While the overwhelming majority of producers are providing a safe environment for their workers, there are penalties and other consequences for employers who do not comply with standards and regulations.

4. Following the exemption of the travel ban for temporary foreign workers, we are seeing encouraging progress with more temporary foreign workers arriving everyday.

5. On April 13, the Government announced $50 million to help employers offset costs associated with the mandatory 14-day isolation period required of temporary foreign workers entering Canada.

6. The Government has also announced, starting May 12 a new, temporary policy that will drastically reduce the time it takes for a temporary foreign worker to start a new job. This will cut what can often take 10 weeks or more, down to 10 days or less.

RESPONSIVE ON ARRIVALS OF TEMPORARY FOREIGN WORKERS

1. As of June 14, it is reported that over 31,987 temporary foreign workers are currently in Canada.

2. Since the travel ban was lifted, more than 21,127 temporary foreign workers have arrived, and another 1,325 are booked on flights.

3. The Government continues to work with international governments and provincial counterparts to work through logistical hurdles that impact the travel of foreign workers.

RESPONSIVE ON ON-FARM COVID-19 OUTBREAKS

1. We are closely monitoring the COVID-19 outbreaks involving temporary foreign workers on farms in Southern Ontario and in other parts of the country. Our Government was deeply saddened to hear of the passing of two migrant workers.

2. The local health units are working closely with the farm operators to actively manage the outbreaks.

RESPONSIVE ON MEXICO’S DECISION TO TEMPORARILY SLOW THE ARRIVAL OF FOREIGN WORKERS TO CANADA

1. I am deeply saddened by the recent deaths of two workers from Mexico and am concerned for the many others who are currently recovering from COVID.

2. We understand that Mexico has decided to temporarily slow the arrival of some workers to Canada, while they examine information about current on-farm COVID outbreaks in Canada and measures being taken to protect all workers from further spread.

3. The Government is committed to working with the Mexican government, provincial authorities and the sector to ensure that farmers will have workers arrive, and that those workers stay safe while in Canada.

RESPONSIVE ON SUPPORT FOR SELF-ISOLATION COSTS

1. The Government has heard concerns about the unexpected costs associated with the self-isolation period for newly arrived temporary foreign workers.

2. That’s why we have launched a $50 million Mandatory Isolation Support for Temporary Foreign Workers Program to cover a portion of employers’ incremental costs associated with the 14-day mandatory isolation period.

3. The rules of the mandatory isolation period have been clearly defined and distributed to employers, as well as foreign workers entering Canada.

4. We are continuing to work with provinces and territories to ensure the health and safety of all Canadians, and temporary foreign workers.

RESPONSIVE ON HEALTH AND SAFETY

1. We know that employers and workers are all committed to protecting the health of their co-workers and broader communities.

2. This is why all individuals entering from abroad must isolate for 14 days upon their arrival in Canada, in addition to health screening protocols before travel.

3. The rules of the mandatory isolation period have been clearly defined and distributed to employers, as well as foreign workers entering Canada.

4. Those who do not comply with the Quarantine Act or the isolation protocol will face severe fines and sanctions.

5. Government authorities will continue to proactively communicate and engage with employers, source countries and other stakeholders on public health requirements.

RESPONSIVE ON MIGRANT WORKERS ALLIANCE FOR CHANGE REPORT

1. The reported instances of temporary foreign worker mistreatment and unsafe working and housing conditions detailed in the report are troubling.

2. Our Government has already taken steps to ensure employer compliance and to support employers in maintaining safe and healthy working environments for all workers, including foreign workers who play a critical role in ensuring the security of the Canadian food system.

3. We will continue to work with the sector as well as our provincial and territorial partners, to explore what more can be done to protect this vital part of the workforce.

Reliable access to workers through the Temporary Foreign Worker (TFW) Program is a key concern for some agriculture and processing employers. The TFW Program aims to assist employers in filling their temporary skills and labour requirements when qualified Canadians and permanent residents are not available. The TFW Program is jointly administered by Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC).

In 2018, TFWs accounted for about 19% of the primary agriculture workforce and 1% of the food and beverage manufacturing sector. TFWs are common in horticulture and meat and seafood processing in Ontario, British Columbia and New Brunswick. Most TFWs in the sector are hired in low-skilled/low-wage occupations such as general farm workers, industrial butchers and fish plant workers.

Travel Ban Exemption

On March 20, 2020, the Government of Canada announced exemptions to the air travel restrictions which were announced on March 18, 2020, including:

• seasonal agricultural workers, fish/seafood workers, caregivers and all other TFWs
• international students who held a valid study permit, or had been approved for a study permit, when the travel restrictions took effect on March 18, 2020
• permanent resident applicants who had been approved for permanent residence before the travel restrictions were announced on March 18, 2020, but who had not yet travelled to Canada

Allowing foreign workers to enter Canada recognizes their vital importance to the Canadian economy, including food security for Canadians and the success of Canadian food producers. The arrival of farm workers and fish/seafood workers is essential to ensure that planting and harvesting activities can take place.

Temporary Foreign Worker Quarantine Requirements and Employer Compliance

Most TFWs entering Canada are subject to an Emergency Order under the Quarantine Act, which requires a 14-day mandatory quarantine upon arrival. Penalties of up to $750,000 can be levied against a TFW who violates this Order. A person who causes a risk of imminent death or serious bodily harm to another person while willfully or recklessly contravening the Quarantine Act or associated regulations could be liable for a fine of up to $1,000,000 or to imprisonment of up to three years, or to both. Under the Immigration and Refugee Protection Regulations, workers who are found to have failed to adhere to an isolation order could be found inadmissible, issued a removal order and barred from coming back to Canada for one year.

Amendments to the Immigration and Refugee Protection Regulations came into force April 20, 2020, and compel employers of TFWs to meet additional requirements, including:

• Paying workers for the initial quarantine/isolation period upon entry into Canada
• Not prevent a worker from meeting their requirements under orders made under the Quarantine Act and/or the Emergencies Act, as well as provincial/territorial public health laws related to COVID-19, and
• Additional requirements for employers who provide accommodations to workers.

Employers are subject to inspection and those who do not comply with the requirements could be subject to penalties of up to $1 million and a ban from hiring TFWs, depending on the seriousness of the situation and number of workers affected.

$50 Million Mandatory Isolation Support for Temporary Foreign Workers Program

On April 13, 2020, the Government of Canada announced $50 million to help farmers, fish harvesters, and all food production and processing employers, put in place the measures necessary to follow the mandatory 14-day isolation period required of all workers arriving from abroad.

In addition to the responsibility of paying the workers for the two weeks during which time they cannot work, many employers are also responsible for providing workers with transportation and accommodations, as well as access to food and basic supplies needed to meet all of the conditions imposed by public health authorities.

Recognizing the importance of this responsibility, the federal government will provide support of $1,500 for each TFW, to employers or those working with them to ensure requirements are fully met. The funding is conditional on employers not being found in violation of the mandatory 14-day isolation quarantine requirements.

As of May 7, 2020, employers may apply for funding under the Mandatory Isolation Support for Temporary Foreign Workers Program. This federal investment will be available until fully depleted and, as long as the order under the Quarantine Act is in force and the isolation protocol has to be followed.

COVID-19 Outbreaks on Farms and in Greenhouses

On-farm COVID-19 outbreaks are increasingly being reported across Canada, affecting at least 450 TFWs and including two deaths in the Windsor-Essex region. In Southern Ontario, where many of the outbreaks have occurred, 420 positive cases have been reported. TFWs in Manitoba, Quebec and British Columbia have also tested positive for the disease. At this time, based on media reports, the majority of outbreaks appear to be through community transition. Reporting of TFWs health and safety has been prevalent across all media platforms.

Mexico’s Decision to Temporarily Slow the Arrival of Foreign Workers to Canada

On June 15, 2020, the Canadian Press reported that Mexico would be stopping the arrival of all Mexican workers to Canada until more clarity was available on the COVID-19 related deaths of two Mexican workers in recent weeks.

However, early discussions between Canadian and Mexican officials have indicated that for now, Mexico intends to only temporarily pause the flow of workers to specific farms with COVID outbreaks until public health authorities provide approval to resume activities and health protection measures are in place.

Mexico also intends to temporarily pause the flow of workers to farms where there are concerns that the necessary health and safety measures have not been in place, where evidence exists that workers were improperly paid during the quarantine period, or where issues exist with the general conditions of the housing. Mexican officials are currently working with employers to clarify issues of concern.

Migrant Workers Alliance For Change Report

The Migrant Workers Alliance for Change (MWAC) is a coalition of 28 member organizations seeking changes to Canadian immigration and labour policy. On June 8, 2020, the organization released a report summarizing migrant workers’ COVID-19 concerns related to health and safety, housing and working conditions, and access to pay and benefits. MWAC makes several recommendations including:

• Providing permanent residence status to all migrants;
• Ensuring social distancing and providing Personal Protective Equipment for all migrant workers throughout the course of the pandemic;
• Ensuring health information and care is provided in a language a worker understands;
• Conducting random, unannounced, and proactive inspections of workplaces; and
• Creating a national housing standard so that workers can live safely and with dignity.

This report has been highlighted in news articles in the Toronto Star, Globe and Mail and other media outlets.

Flexibility in the Temporary Foreign Worker Program

A temporary modification for the TFW Program is being made to the Labour Market Impact Assessment process for agriculture and food processing employers, as the required 2-week recruitment period will be waived until October 31, 2020.

Labour Market Impact Assessments and work permits in key occupations related to agriculture and agri-food sectors will be prioritized for processing.

The Government is also increasing the maximum duration of employment under Labour Market Impact Assessments from 1 to 2 years, for workers in the low-wage stream of the TFW Program as part of a three-year pilot. This will improve flexibility and reduce the administrative burden for employers, including those in food processing.

A new temporary policy will allow TFWs in Canada, on employer-specific work permits who receive a valid job offer under either the TFW Program or the International Mobility Program, to begin working in the new job with minimal delay while their work permit application is being processed.

These measures are in addition to existing flexibilities within the Seasonal Agricultural Worker Program within the TFW Program, including a process for the transfer of foreign workers between employers.

Primary Agriculture Review

As part of the Path Forward Plan for the TFW Program, announced in April 2017, the federal government committed to performing a review to modernize the administration of the TFW Program’s primary agriculture streams. In February 2019, a “What We Heard” Report summarizing the review’s key findings was released to provinces, territories and industry. Key issues were raised in four areas: Program Eligibility and Structure; Wages and Deductions; Housing; and Labour Market Impact Assessment (LMIA) Process.

On September 9, 2019, ESDC re-affirmed its intention to continue to engage with employers, workers and other stakeholders on ways to modernize the TFW Program’s Primary Agriculture Stream to address issues raised during the Primary Agriculture Review.

International Phase of the Quality AgriWorkforce Management Program

In January 2019, AAFC announced that it would be providing up to $279,223, through the Canadian Agricultural Adaptation Program, to the Canadian Agricultural Human Resource Council (CAHRC) to lead the International Phase of the Quality AgriWorkforce Management Program. This project was designed to clarify best practices for recruiting and retaining international workers. It involved developing and delivering communications and training products for employers, including guides and workshop training materials. CAHRC reports that 520 farm employers have participated in this training.

Pathways to Permanent Residence

In February 2019, IRCC launched a Rural and Northern Immigration Pilot aimed at spreading the benefits of economic immigration to smaller communities. As of May 26, 2020, the pilot has been launched in 9 of the 11 rural and northern communities selected by IRCC. Newcomers are expected to begin to arrive under this pilot in 2020.

In March 2019, IRCC announced an addition of 2,000 spaces to provinces and territories under the Provincial Nominee Program aimed at providing more opportunities for existing TFWs at the intermediate skill level (National Occupation Code C) to transition to permanent residence.

In July 2019, IRCC announced an Agri-Food Immigration Pilot which will test an industry-specific approach to help address the labour needs of the Canadian agri-food sector, particularly in meat processing and mushroom production. The pilot is targeted at attracting retail butchers, industrial butchers, food processing labourers, harvesting labourers, general farm workers, and farm supervisors and specialized livestock workers. A maximum of 2,750 principal applicants, plus family members, will be accepted for processing in any given year. The pilot began accepting applications on May 15, 2020.

Open Work Permits for Vulnerable Workers

All work permits issued under the TFW Program are employer-specific, allowing TFWs to only work for the employer hiring them. As of June 2019, IRCC officers are able to issue open work permits when there are reasonable grounds to believe that TFWs, including in the agriculture and agri-food sector, are experiencing abuse or are at risk of abuse. These permits are designed specifically to protect vulnerable workers, allowing them to immediately leave their employer and maintain their immigration status while they seek another job.

Occupation-Specific Work Permits

IRCC and ESDC are considering amending the Immigration and Refugee Protection Regulations to support the introduction of an occupation-specific work permit in the Primary Agriculture Stream and low-wage stream of the TFW Program. This new work permit, designed to complement the new open work permit for vulnerable workers, would allow a TFW to move between jobs in the same occupation without the requirement for a new work permit each time. Any subsequent job offer would still require the employer to have an approved LMIA for that occupation. This intention was announced in the Canada Gazette in June 2019.

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