Question Period Note: LABOUR IN THE AGRICULTURE AND AGRI-FOOD SECTOR

Q1 – What is the Government doing to protect temporary foreign workers? Q2 – How is the Government addressing labour shortages? Q3 – What is the Government doing to facilitate transitions to permanent residency, especially now that the Agri-Food Pilot has ended? Q4 – What is the Government’s response to the United Nations’ Special Rapporteur on Contemporary Forms of Slavery preliminary findings? Q5 – How is the Government reforming the Temporary Foreign Worker Program?

R.1 - While the vast majority of our farmers are known to care for the well-being of their workers, it is essential that every foreign worker finds themselves in a working and living environment that is safe, healthy and dignified. The Government is working in partnership with provinces and territories to ensure the continued improvement of the program to better support and protect temporary foreign workers.
Budget 2023 reaffirmed our commitment to a safe and healthy work environment where employers are held accountable for the treatment of workers by providing $48 million to improve employer compliance. The Government also introduced open work permits for vulnerable workers for temporary foreign workers who are being abused or at risk of being abused in relation to their job in Canada. To better protect workers and address concerns of wage suppression, employers are required to annually review temporary foreign workers’ wages to ensure they reflect increases to prevailing wage rates. R.2 - The Government is implementing a three-year Recognized Employer Pilot, under the Temporary Foreign Worker Program, to test streamlined processes, be more responsive lo labour market shortages and to reduce the administrative burden for repeat employers who demonstrate a history of program compliance.

Budget 2022 announced a $48.2 million commitment by the Government to implement a new foreign labour program for agriculture and fish processing, tailored to the unique needs of these employers and workers. Consultations with stakeholders on this commitment launched in spring 2024, and phase 2 is currently underway.

Provinces and territories are also taking action to address their workforce needs, with various initiatives underway. Some of the $2.5 billion in cost-shared funding made available through the Sustainable Canadian Agricultural Partnership can be used for labour and skills initiatives. R.3 - Facilitating transitions from temporary worker to permanent residency is a dominant feature of Canada’s immigration system and the Government has already taken action to expand pathways to permanent residence for experienced temporary foreign workers in the agricultural sector. Other programs available to agri-food workers include federal high-skilled programs managed by Express Entry and regional economic immigration programs such as the Provincial Nominee Program, and the Atlantic Immigration Program.

In addition, the recently announced Rural and Francophone Community Immigration Pilots will help rural and Francophone minority communities attract and retain newcomers with the right skills to help their regions. These pilots will provide 18 communities with a permanent residence pathway to attract and retain newcomers who can fill key jobs and who want to live long-term in these areas. R.4 - The Government of Canada acknowledges the report from the United Nations’ Special Rapporteur, and we are always open to recommendations to better protect workers, including temporary foreign workers.

All workers in Canada deserve safe, healthy, and dignified working conditions. Mistreatment or abuse of temporary foreign workers – or any worker – is unacceptable and can never be tolerated. Ensuring the health and safety of temporary foreign workers and that they are free from any form of abuse while in Canada is a key priority. R.5 - The Government intends to improve the Temporary Foreign Worker Program to reduce fraud, address compliance concerns, and help limit the number of temporary residents. The Government will enforce the consistent application of the cap on Temporary Foreign Workers and apply a stricter more rigorous oversight.

Last year, the Government began refusing to process Labour Market Impact Assessments in metropolitan areas with unemployment rates of 6% or higher. The cap on Temporary Foreign Workers was further reduced to 10% and the maximum duration of work permits for workers in the low-wage stream of the Temporary Foreign Worker Program was reduced from two years to one. Primary agriculture and food processing occupations were exempted from the refusal to process and the cap reduction.

Budget 2022 announced a $48.2 million commitment by the Government to implement a new foreign labour program for agriculture and fish processing, tailored to the unique needs of these employers and workers. Consultations with stakeholders on this commitment launched in spring 2024, and phase 2 is currently underway.

Temporary Foreign Workers

• The Temporary Foreign Worker (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 ESDC and Immigration, Refugees and Citizenship Canada (IRCC).
• Agricultural employers are the highest volume users of the program. Most TFWs in the sector are hired in low-wage occupations such as general farm workers, industrial butchers and fish plant workers. There are different streams under the TFW Program which have different requirements and rules, but primary agriculture broadly uses the Seasonal Agricultural Worker Program (SAWP) stream, while food and beverage processing uses the low-wage stream.
• The TFW Program requires employers to obtain a positive or neutral Labour Market Impact Assessment (LMIA) which confirms that the employment of a TFW does not have a negative impact on the Canadian labour market. The two key components required for hiring through the TFW Program are (1) LMIA issued to employers by ESDC and (2) eligibility to receive a work permit as determined by IRCC.
• The SAWP includes a process for the transfer of workers between employers.
• Minimum job advertising requirements for all positions in the primary agriculture sector were suspended until June 2024 and extended until June 2025.
• A Recognized Employer Pilot project launched in August 2023 and allows eligible employers to gain access to LMIAs that are valid for up to 36 months. As of September 2024, new applications are no longer accepted but recognized employers can still access the simplified LMIA.

Reforming the Temporary Foreign Worker Program

 On August 6, 2024, the Government noted its intention to reduce fraud, address compliance concerns, and help limit the number of temporary residents.
 On August 26, 2024, the Government announced further changes to the low-wage stream of the Temporary Foreign Worker Program. As of September 26, 2024, the Government will refuse to process Labour Market Impact Assessments in metropolitan areas with unemployment rates of 6% or higher. The cap will be further reduced to 10% and the maximum duration of work permits will be reduced from two years to one.
 Primary agriculture and food processing occupations were exempted from the refusal to process and the cap reduction but will be subject to the reduced employment duration.

Permanent Immigration Pathways

• Category-Based Selection under Express Entry – In February 2025, new Express Entry rounds were announced to respond to changing economic and labour market needs within Canada. Agriculture and agri-food remain a priority.
• Provincial Nominee Program (PNP) – Under PNPs, Provinces and Territories have the ability to create dedicated streams based on their economic needs.
• The Rural and Francophone Community Immigration Pilots were launched in January 2025 to help rural and Francophone minority communities attract and retain newcomers with the right skills to help their regions.
• The Atlantic Immigration Program was launched as an employer-driven program in January 2022 and aims to attract skilled immigrants to Atlantic Canada to address demographic and economic needs and continue to increase retention in the region.
• The Agri-Food Pilot, which let experienced non-seasonal workers in specific agri-food positions immigrate permanently to Canada, ended on May 14, 2025, and cannot be extended beyond this date.

Worker Protections

• Budget 2023 provided $48 million in funding over 2 years for ESDC to improve the employer compliance regime under the TFW Program, including more program inspectors and the maintenance of the worker protection tip line.
• The Government has committed to establishing minimum federal housing standards and requirements for TFWs.
• In 2022, regulatory amendments were made to the Immigration Refugee Protection Regulations to ensure TFWs are aware of their rights while in Canada.
• In 2019, The Government also introduced open work permits for vulnerable workers, for temporary foreign workers who are being abused or at risk of being abused in relation to their job in Canada.

The United Nations’ Special Rapporteur on Contemporary Forms of Slavery

• The United Nations’ Special Rapporteur completed a tour of Canada in August 2023 and met with workers, TFW Program officials at ESDC, and officials from IRCC.
• The goal of the visit was to assess Canada’s efforts to prevent and address contemporary forms of slavery, including forced labour, child labour, domestic servitude, debt bondage, labour exploitation, and sexual exploitation within its territory and abroad, in order to identify good practices and ongoing challenges, and present constructive recommendations to address the challenges observed.
• The Special Rapporteur was critical of the TFW Program and likened it to a “breeding ground for contemporary forms of slavery”. The Special Rapporteur’s final report was published on July 22, 2024.
• He recommended that the Government end the use of closed work permits; ensure all migrant workers have a clear pathway to permanent residency; regularize workers who have lost status (undocumented workers); create an oversight body for migrant workers; ensure TFWs have access to health care upon arrival; strengthen the inspection regime; enforce unionization and housing for TFWs; and ensure TFWs are aware of their rights.

• The agricultural workforce of the future needs the right mix of skills, youth, new entrants, and under-represented groups. There are a number of programs that support the sector, including the Youth Employment and Skills Program and AgriDiversity Program.
• International workers will continue to be an important part of the agricultural workforce. For example, the Rural and Francophone Community Immigration Pilots offer permanent residence to workers who want to work and settle in rural and more remote communities.
• We are committed to strengthening the Temporary Foreign Worker Program to improve worker health and safety while helping employers meet their workforce needs. Consultations on a new foreign labour program for agriculture and fish processing are currently underway.