Question Period Note: Temporary Foreign Workers

What is the Government doing to ensure the agriculture sector’s reliable and timely access to temporary foreign workers?

FIRST RESPONSE:

1. Both domestic and foreign workers are essential for the production of safe and reliable food in this country.

2. We will continue to work hard to support the safe and timely arrival of temporary foreign workers.

3. Despite challenges caused by the pandemic, the 2021 season has seen the highest number of temporary foreign workers arrive to work in the agriculture and agri-food sector.

4. Our government will continue to strengthen the Temporary Foreign Worker Program and safeguard the health and safety of workers.

RESPONSIVE ON MANDATORY ISOLATION SUPPORT FOR TEMPORARY FOREIGN WORKERS:

1. The Mandatory Isolation Support for Temporary Foreign Workers Program was a time limited emergency support for employers to help them offset the costs associated with public health requirements during the most acute COVID-19 crisis period.

2. We remain committed to finding ways to support the sector as conditions evolve with respect to easing Canada’s international border measures.

RESPONSIVE ON ARRIVALS OF TEMPORARY FOREIGN WORKERS

1. Since January, more than 64,000 temporary foreign workers have arrived in Canada to support the 2021 season.

RESPONSIVE ON BORDER EASING:

1. The health and safety of Canadians remains our top priority. We recognize the importance of ensuring that temporary foreign workers can continue to arrive in sufficient numbers, stay healthy, and support the sector.

2. On November 19th, 2021 an announcement was made by the Public Health Agency of Canada regarding changes to requirements for travellers entering Canada.

3. A number of adjustments to border measures will come into effect in the coming months, including expanding the list of accepted COVID-19 vaccines for travelers entering Canada to align with the World Health Organization Emergency Use Listing.

4. Unvaccinated or partially vaccinated TFWs in the agriculture and food processing stream will continue to be exempt from additional entry requirements that will come into effect after January 15, 2022.

5. However, once TFWs have reached their final destination in Canada, vaccination will be required for any further domestic air or rail travel within Canada.

6. Significant efforts have been made to make vaccines available to TFWs during their time in Canada. This work will continue through the next growing season.

RESPONSIVE ON NEW MEASURES TO BOOST PROTECTIONS FOR TEMPORARY FOREIGN WORKERS AND ADDRESS COVID-19 OUTBREAKS ON FARMS:

1. It is essential that every foreign worker find themselves in a working and living environment that ensures safety and human dignity.

2. That is why, to build on actions taken in 2020 to support temporary foreign workers affected by COVID-19, Budget 2021 announced, starting in 2021-22:

• $49.5 M over three years, to support community-based organizations in providing migrant worker programs and services, through the new Migrant Worker Support Program.
• $54.9 M over three years, to increase employer inspections and ensure that temporary foreign workers have appropriate working conditions and wages.
• $6.3 M over three years, to support faster processing and improved service delivery of open work permits for vulnerable workers.

1. The Government has also proposed amendments to the Immigration and Refugee Protection Regulations that would enhance the protection of temporary foreign workers, and continues to work on developing standardized housing requirements to improve employer-provided accommodations, focusing on ensuring better living conditions for workers.

BACKGROUND:

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 2020, TFWs accounted for about 18% of the primary agriculture workforce and 8% of the food and beverage manufacturing sector. TFWs are common in horticulture and meat and seafood processing in Ontario, British Columbia and Quebec. Most TFWs in the sector are hired in low-skilled/low-wage occupations such as general farm workers, industrial butchers and fish plant workers.

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. 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.

2021 Season Temporary Foreign Worker Arrivals

The 2021 season has exceeded pre-pandemic trends for both arrivals and work permit applications for TFWs in agriculture and processing.

Temporary Foreign Worker Quarantine Requirements and Employer Compliance

Canada’s current quarantine orders require that unvaccinated travelers, including TFWs, quarantine for 14 days upon arrival in Canada. Penalties of up to $750,000 can be levied against any person 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 preventing 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.

Border Measures. Testing, and Rules on international Travel

The Government of Canada announced a two-pronged approach to quarantine requirements as of March 22, 2021, for TFWs with work visas in agriculture, agri-food, fish and seafood sectors based on their final destination:

• TFWs who can travel directly to their place of quarantine by private means upon arrival can continue do so after getting a COVID-19 test at the airport.
• TFWs who need to travel by commercial means to a secondary location upon arrival in Canada will be required to stay in a GAA for up to 3 nights, while awaiting the results of their COVID-19 test. This does not apply for workers continuing to their secondary location by private air or land travel.

The first phase of Canada’s border reopening began on July 5, 2021, and removed the requirements to quarantine, take a COVID-19 test on day-8, and stay at a government-authorized hotel for fully vaccinated travelers who were already permitted to enter Canada (including TFW in agriculture and processing.)

On Monday, July 19, 2021, the Government outlined a two-step approach to further border easing for travellers entering Canada. As a first step, starting August 9, fully vaccinated citizens and permanent residents of the United States are be permitted to enter Canada for discretionary (non-essential) purposes without having to quarantine or be tested on Day 8. The requirement for a three day stay in government approved accommodation was also removed for all travelers. The government expanded similar measures to fully vaccinated travelers from other countries beginning September 7, 2021, as long as the domestic public health situation remains favourable.

Upcoming adjustments to Canada’s border measures announced November 19th include:
• Expanding the list of vaccines that travelers may have to be considered fully vaccinated for the purpose of travel to and within Canada to include Sinopharm, Sinovac and Covaxin;
• As of November 30 , no loner requiring fully vaccinated Canadian citizens, permanent residents and persons registered under the Indian Act, who take short trips of 72 hours or less outside of Canada (by land or air), to complete a molecular COVID-19 test before re-entering;
• Provisions to allow unvaccinated or partially vaccinated TFW in agricultural and food processing (an exempt cohort) to enter Canada as of January 15, subject to entry requirements, such as testing and quarantine. Unvaccinated agricultural and food processing TFWs leaving Canada after Feb 28th will be able to depart Canada and be able to board a connecting flight to a departure flight.

In addition, as of January 5, 2022, the Government of Canada will end the remaining provisions that restrict where international passenger flights could arrive in Canada. This means additional Canadian airports can welcome international flights, including for TFWs, once they have arrangements in place with the Canada Border Services Agency.

Mandatory Isolation Support for Temporary Foreign Workers Program

On April 13, 2020, the Government of Canada announced $50 million for the Mandatory Isolation Support for Temporary Foreign Workers Program (MISTFWP) 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. The Fall Economic Statement committed to providing up to an additional $34.4M to continue MISTFWP until March 31. The Program was further extended until April 21, 2021 which included eligible workers who arrived up until April 21, 2021 and covered eligible expenses until May 5, 2021.

On April 19, 2021, the Government of Canada released Budget 2021 which allowed the Program to be extended until August 31, 2021, with two streams:

• 14-Day Isolation Period Stream helped offset incremental costs associated with the mandatory 14-day isolation period as well as pre-entry testing requirements imposed under the Quarantine Act on temporary foreign workers upon entering Canada. The maximum funding amount under this stream was $1,500 per TFW for arrivals between January 1, 2021, and
June 15, 2021, and for eligible activities taking place between January 1, 2021, and
June 29, 2021, (i.e. employers with workers coming in on June 15th are eligible for the $1,500). As of June 16, 2021, the maximum funding amount was reduced to $750 per TFW for arrivals between June 16, 2021 and August 31, 2021 and for eligible activities taking place between June 16th, 2021, and September 14, 2021, (i.e. employers with workers coming in on August 31 are eligible for $750). As of November 19, 2021, 2899 projects were approved under the 14-Day Isolation Period Stream for $50.09 million in funding.

• 3-Day Hotel Quarantine Stream helped offset incremental costs specifically associated with the mandatory quarantine period at a government-authorized facility imposed under the Quarantine Act on temporary foreign workers upon entering Canada, when travel directly via private transportation from their point of entry to employer-provided accommodation for their mandatory 14-day isolation period could not be provided. The maximum funding amount under this stream was $2,000 per TFW for arrivals between March 21, 2021, and August 8, 2021, and for eligible activities taking place between March 21, 2021, and September 3, 2021. March 21, 2021, is the date the order came into effect for TFWs entering Canada and August 8, 2021 is the end date for this specific order. As of November 19, 2021, 151 projects were approved under the 3-Day Hotel Quarantine Stream for $2.19 million in funding.

Flexibility in the Temporary Foreign Worker Program

Labour Market Impact Assessments and work permits in key occupations related to agriculture and agri-food sectors have been prioritized for processing. The Government has also increased 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. These measures are in addition to existing flexibilities within the SAWP within the TFW Program, including a process for the transfer of foreign workers between employers.

Measures to Protect Temporary Foreign Workers and Address COVID-19 Outbreaks on Farms

On July 31, 2020, ESDC and AAFC announced immediate plans to strengthen the TFW Program and make further investments to safeguard the health and safety of Canadian and TFWs from COVID-19 by:

• Investing $7.4 million to increase supports to TFWs including $6.0 million for direct outreach to workers delivered through migrant worker support organizations;
• Strengthening the employer inspections regime, particularly on farms, and making improvements to how tips and allegations of employer non-compliance are addressed (such as by initiating an inspection) through an investment of $16.2 million; and
• Investing $35 million (through the Emergency On-Farm Support Fund) to improve health and safety on farms and in employee living quarters to prevent and respond to the spread of COVID-19.

The Emergency On-Farm Support Fund

AAFC’s Emergency On-Farm Support Fund provided support to farmers for direct infrastructure improvements to living quarters and work stations, temporary or emergency housing (on or off-farm), as well as personal protective equipment (PPE), sanitary stations, work stations and any other health and safety measures to safeguard the health and safety of Canadian and temporary foreign workers from COVID-19.

Contributions under the AAFC-managed program were cost-shared 50:50 with the applicants up to $100,000. An additional 10 per cent was provided to women, youth, Indigenous Peoples, visible minorities, and persons with disabilities-owned farms (greater than 50% ownership) making the split 60:40. In Ontario, Quebec, Nova Scotia, and Prince Edward Island the province delivered the Fund, and in British Columbia, the B.C Investment Foundation (BCIAF), a third-par delivery agent delivered there.

As of March 31st, 2021 (program end date), 1,645 applications were received by provincial and third-party delivery agents of the fund and 135 applications were received by AAFC for a total of 1,780 applications. Approximately $37.3 million in funding was requested from provincial and third-party delivery agents, and approximately $5.2 million was requested from AAFC (for a total of $42.2 million), of which $29.0 million was approved.

Budget 2021 Enhancing the TFW Program Measures

The Government of Canada has committed to continuing to protect the most vulnerable and isolated workers, ensuring their health, safety, and quality of life are protected while working in Canada. Budget 2021 builds on actions taken in July 2020 to support TFWs affected by COVID-19, and announced:

• $49.5 M over three years, starting in 2021-22, to support community-based organizations in the
provision of migrant worker-centric programs and services, such as on-arrival orientation services and assistance in emergency and at-risk situations, through the new Migrant Worker Support Program.
• $54.9 M over three years, starting in 2021-22, to increase inspections of employers and ensure TFWs workers have appropriate working conditions and wages.
• $6.3 M over three years, starting in 2021-22, to support faster processing and improved service delivery of open work permits for vulnerable workers, which helps migrant
workers in situations of abuse find a new job.

Mandatory Requirements for Employer-Provided Accommodations for Agricultural Workers

The Government of Canada has committed to developing mandatory requirements to improve employer-provided accommodations for agricultural workers under the TFW Program, with a focus on ensuring better living conditions for workers.

As a first step, the Government has been consulting with provinces and territories, employers, workers and foreign partner countries, on a proposal for these mandatory requirements for the TFW Program, and will work with those same partners to implement changes. The consultation process was open from October 27 to December 22, 2020. ESDC has indicated that no changes are planned for the 2021 growing season. Input received through this consultation is currently being reviewed, and will inform the Government’s actions in the coming months, including continued collaboration with provinces, territories and program partners in advancing this important work.

On November 2, 2020, the Government of Canada launched a survey of TFW employers in the agricultural sector to better understand the variety of accommodations arrangements being provided by employers for TFWs while employed in Canada. The survey closed on December 9, 2020.

Proposed Amendments to the Immigration and Refugee and Protection Regulations

On July 10, 2021, IRCC and ESDC published proposed amendments to the Immigration and Refugee Protection Regulations in the Canada Gazette to allow for an initial dialogue. The proposed amendments seek to (1) improve worker protections, (2) address program integrity gaps, and (3) make technical amendments to the regulations. The consultation period ended on August 9, 2021. The final version of the proposed amendments will be published in the Canada Gazette Part II and amendments could come into force as early as 2022.

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