Question Period Note: Vulnerable Workers

Open Work Permit and other measures for Vulnerable Workers

• Foreign workers have the same rights to workplace protections under federal, provincial and territorial employment standards and collective agreements as Canadians and permanent residents.

• Employers that hire temporary foreign workers are also subject to program rules set out to protect foreign workers.

• Employers found breaking program rules during an inspection may be subject to consequences such as monetary penalties or being banned from hiring foreign workers.

• In June 2019, IRCC introduced a measure to enable any foreign worker with a valid employer-specific work permit to apply for an open work permit if they are experiencing or are at risk of abuse in their job. This allows foreign workers to quickly leave the abusive situation and look for new work with a different employer.

If pressed
New regulations that came into force in September 2022 better protect TFWs on employer specific work permits and help to prevent mistreatment or abuse during their stay in Canada by:
• mandating that employers provide all TFWs with information about their rights in Canada;
• prohibiting reprisal by employers against workers, for instance against those who come forward with complaints; and,
• prohibiting employers from charging recruitment fees to workers and holding them accountable for the actions of recruiters in this regard.
In addition, employers are now required to make reasonable efforts to provide access to health care services (e.g. accessible phone to call an ambulance) when the worker is ill or injured at work. Most employers using the TFW Program are also required to provide private health insurance when needed.

Employer compliance regime

• The Employer Compliance Regimes are applicable to employers in the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP) who employ workers on employer specific work permits. Employers of workers on open work permits (offered through the IMP only) are not subject to the Employer Compliance Regimes.
• These Regimes seek to ensure the protection of the rights of temporary foreign workers through a suite of requirements on employers identified in the Immigration and Refugee Protection Regulations. Conditions imposed on employers under the IMP and TFWP are very similar and include being compliant with employment standards legislation, providing a workplace free of abuse, and ensuring that the foreign worker is working in the occupation and for the wages identified in the job offer. Employers under the TFWP have additional conditions which do not apply to IMP employers, including conditions regarding accommodations provided to workers and conditions relating to commitments made in the Labour Market Impact Assessment (LMIA) (e.g., job creation or retention for Citizens and permanent residents).
o The Government of Canada (IRCC for IMP and ESDC for TFWP) undertakes inspections on employers of foreign workers on employer specific work permits and, if found to have broken the rules, employers may be subject to consequences such as monetary penalties and bans from hiring foreign workers.
• In April 2020, in the context of Covid-19, changes were made to the Employer Compliance Regime to better protect temporary foreign workers.
o These changes included: If a foreign national becomes infected or develops symptoms of COVID-19, employers who provide accommodations must provide a separate bedroom and bathroom for that foreign national while they isolate.
o An increase in penalties for employers who do not cooperate with inspections.
• On September 26, 2022, new regulations came into force to help prevent the mistreatment or abuse of TFWs during their stay in Canada. The new regulatory requirements improve protections for TFWs and strengthen the Government’s ability to effectively conduct inspections.

• Some of these changes include prohibiting employers from charging and recovering fees associated with the recruitment of foreign workers, and from hiring third parties who charge or recover these fees under both the Temporary Foreign Worker Program and the International Mobility Program. Further worker protection amendments ensure workers receive information regarding their employment rights in Canada and are provided with a signed copy of their employment agreement.

Open Work Permit for Vulnerable Workers
• The Open Work Permit for Vulnerable Workers (OWP-V) was launched in June 2019 and allows workers on valid employer-specific work permits experiencing or are at risk of abuse in their job to apply for an open work permit.
• With an open work permit, workers are able to exit abusive situations quickly and work for almost any employer in Canada. This permit mitigates some of the barriers that migrant workers have previously faced in reporting abuse, such as loss of their work authorization, fear of deportation, and employer retribution.
• The OWP-V is temporary and generally non-renewable. It is typically issued for 1 year and is intended to give workers enough time to find a new job and apply for another work permit before the OWP-V expires.
• The program is facilitative and expedient. It has a lower burden of proof compared to most immigration programs, recognizing that abuse is often difficult to substantiate The permit is also available to family members in Canada.
• This program is aligned with other worker protection tools that the federal government has in place. After a worker is approved for an open work permit for vulnerable workers, an inspection is conducted to verify the employer’s compliance with program conditions.
• In Budget 2021, the Government committed $6.3 M over three years, to support faster processing and improved service delivery of open work permits for vulnerable workers.

Metrics

• Volumes: As of May 2023, the Department had issued 2,186 open work permits for vulnerable workers since June 2019.

• Processing times: Just over a third of applications are being processed within the service standard of 5 days. Processing times are gradually improving and are currently averaging 35 days (down from 40), due to the high volume of applications and the need for additional evidence and interviews. The Department is committed to supporting faster processing of these applications.

Responsive lines/if pressed:

• While the OWP-V is responding to an important gap and has generally been well received by stakeholders, early outcomes and feedback point to some areas for improvement, including processing times and consistency in decision-making.
• The Department recently implemented trauma-informed training for immigration officers who process these applications, to make the application process less onerous and more supportive for clients.
• Departmental officials continue to engage processing officers regularly and refine guidance to ensure the program is applied consistently and fairly.

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