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 labour laws as Canadians.

• Temporary foreign workers experiencing or at risk of experiencing abuse in their job may apply for an Open Work Permit for Vulnerable Workers (OWP-V).

• Canadian employers hiring foreign workers on employer-specific work permits are subject to a compliance regime that promotes safe and fair working conditions.
•
Employers found to be breaking program conditions may be subject to consequences which include Administrative Monetary Penalties (AMPs) and bans from using the programs.

• Temporary Foreign Workers can also anonymously report situations of potential wrongdoing or misuse of the Program through an anonymous tip line and an online reporting tool.

   If pressed

• On September 26, 2022, regulations came into force to help prevent the mistreatment or abuse of temporary foreign workers during their stay in Canada. The new regulatory requirements improve protections for temporary foreign workers 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.

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 who are experiencing or are at risk of experiencing abuse 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 facilitative and expedient. It has a lower burden of proof, acknowledging abuse is difficult to prove. After a worker is approved for an OWP-V, an employer compliance inspection is launched to verify their previous employer’s compliance with program conditions.

• The OWP-V is temporary and generally non-renewable. It is typically issued for one 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.

• Foreign workers at risk of abuse may be eligible for this type of work permit, so that no one would have to stay in an abusive situation in order to qualify for this work permit. “At risk of abuse” is defined as a situation where a temporary foreign worker has left their abusive situation and would be at risk if they returned, or at risk in the context of other coworkers experiencing abuse. Officers require, at minimum, a description of the abuse or risk of abuse.

• For the purposes of assessing eligibility for the OWP-V, “abuse” is defined in regulations as consisting of any of the following:
o physical abuse, including assault and forcible confinement;
o sexual abuse, including sexual contact without consent;
o psychological abuse, including threats and intimidation;
o financial abuse, including fraud and extortion; or
o reprisals.

Processing times:

• Many factors can contribute to variations in processing times, such as the extent to which an application is complete, the quality and speed with which applicants respond to IRCC requests for additional information and biometrics (where applicable), the ease with which we can verify the information provided, and the complexity of an application.

• IRCC has undertaken various measures to improve the processing times of applications for the open work permit for vulnerable workers (OWP-V), including
o centralizing processing under one unit to enhance oversight and ensure consistency
o delivering updated operational training to officers
o refreshing standard operating procedures
o improving program delivery instructions

Metrics

• Since the launch of the program in June 2019 up to July 31, 2024, Immigration, Refugees and Citizenship Canada (IRCC) has issued 7,260 Open Work Permits for Vulnerable Workers (OWP-Vs).

Employer Compliance Regime

• Canadian employers hiring foreign workers on employer-specific work permits under the TFWP and IMP are subject to employer compliance regimes to promote safe and fair working conditions for foreign workers and to help prevent program misuse.

• These employers are subject to inspections in both the TFWP and IMP to verify compliance with regulatory conditions, including compliance with employment standards legislation, providing a workplace free of abuse, and ensuring that the foreign worker is working in accordance with their job offer.

• Non-compliant employers may be subject to consequences which include Administrative Monetary Penalties (AMPs) and temporary or permanent ineligibility from hiring temporary foreign workers under these programs.

Metrics

• From the inception of the International Mobility Program (IMP) in 2015, to September 30, 2023, Immigration, Refugees and Citizenship Canada (IRCC) has imposed 138 AMPs, totaling over $670,000.

• As of September 30, 2023:
o 310 employers are ineligible to access either the IMP or the Temporary Foreign Workers Program (TFWP) due to non-payment of their AMP.
o One (1) employer has received a permanent ban as a result of an inspection under the TFWP.
o 18 employers have active temporary program bans as a direct result of inspections under both the IMP and TFWP. These program bans range from one year to 10 years.

UN Special Rapporteur on Contemporary Forms of Slavery

• The UN Special Rapporteur on contemporary forms of slavery visited Canada on August 23, 2023 to assess Canada’s efforts to prevent and address contemporary forms of slavery. The Final Report was published July 2024 and the Government of Canada is currently drafting an addendum to the report which will be published in August 2024.

• The report was critical of the Temporary Foreign Worker Program (TFWP), the OWP-V and the TRP for victims of human trafficking, referencing inadequate worker protection measures and difficulties obtaining permits. The report also contained several key recommendations to:
o Modify the TFWP to enable workers to choose employers freely without any restriction and discrimination;
o Make the application for open work permit for vulnerable workers easier and simpler;
o Provide stronger oversight over employment recruiters and immigration consultants;
o Promote a unified approach to protecting the rights of migrant workers across Canada through more proactive coordination and communication among the Federal and Provincial/Territorial Governments;
o Include migrant workers in all decision making affecting their wellbeing.

• Canada stands by all workers, including temporary foreign workers, to provide safe, healthy and dignified working conditions. Mistreatment or abuse of temporary foreign workers – or any worker – is always unacceptable and is not tolerated.

• The government has taken concrete actions to better support workers. This includes implementing an Open Work Permit for Vulnerable Workers (OWP-V) and making regulatory changes to set new employer requirements and improve our ability to hold employers accountable for non-compliance.

• More broadly, the Government also issues temporary resident permits (TRPs) to victims of human trafficking, which allows access to an open work permit or study permit, and health-care coverage.

• Canada will continue to review and refine its foreign workers programs to ensure that foreign workers are well protected during the time in Canada.

None