Question Period Note: Temporary Worker Program

Processing and measures for temporary workers

• Canada is updating temporary worker programs to reflect economic needs and community capacity, stabilize population growth and maintain immigration integrity.
• We have introduced measures to tighten the eligibility of international mobility and temporary foreign worker programs to reduce levels while continuing to attract talent and labour when needed.
• We continue to attract talent by prioritizing applications in key sectors like agriculture, food processing, construction and health care, ensuring that the labour needs of these sectors continue to be supported.

• Temporary workers coming under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) play an important role in many sectors of the Canadian economy. The TFWP, jointly administered by ESDC and IRCC, requires a positive or neutral Labour Market Impact Assessment (LMIA) and helps employers fill critical labour shortages. The IMP, administered solely by IRCC, exempts employers and temporary workers from the LMIA requirement in support of broader economic, social and cultural objectives, and reciprocal opportunities for Canadians.

Temporary Resident Volumes

Temporary worker volumes under the TFWP and IMP have grown significantly in recent years. The TFWP increased by 96% between 2019 (pre-pandemic) and 2024. Similarly, the IMP increased by 116% between 2019 and 2024. Taken together, these two programs accounted for close to 1.55 million work permit holders, for work purposes in 2024, equal to roughly 7.5% of Canada’s labour force of approximately 21 million people.
• The rising volumes of temporary workers is coming at a time when labour market tightness appears to be easing. There is also a broader concern regarding the growing pressures on Canada’s housing supply and social services. These considerations are key drivers behind the Government’s recent and ongoing efforts to recalibrate temporary worker programs and volumes.

• Growth in the number of work permit holders becoming effective has slowed in 2024. From January 1 to December 31, 2024, approximately 953,000 work permits for work purposes became effective, compared to almost 968,000 over the same period in 2023.

• On October 24, 2024, IRCC released the 2025 – 2027 Immigration Levels Plan, including the first-ever temporary resident targets for international students and workers. This plan supports efforts to reduce the temporary resident population to 5% of Canada’s population by the end of 2026.

• Specifically, the plan outlined that Canada’s temporary worker targets (IMP and TFWP) will be:
o 367,750 in 2025;
o 210,700 in 2026, and
o 237,700 in 2027.

Reducing the Number of Temporary Workers

Changes to the Temporary Foreign Worker Program

• Minister Boissonnault announced on Aug. 26th that the Government is taking further action to weed out TFW Program misuse and fraud.

• On September 26, 2024, in response to the current employment environment, the following changes were implemented under the TFWP:
o The Government of Canada will refuse to process Labour Market Impact Assessments (LMIAs) in the Low-Wage stream, applicable in census metropolitan areas with an unemployment rate of 6% or higher. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as construction and healthcare;
o Employers will be allowed to hire no more than 10% of their total workforce through the Low-Wage stream under the TFWP. This is a further reduction from the 20% cap implemented in March 2024. Exceptions will be granted for seasonal and non-seasonal jobs in food security sectors (primary agriculture, food processing and fish processing), as well as healthcare and construction; and
o The maximum duration of employment for workers hired through the Low-Wage stream will be reduced to one year (from two years).

• Effective November 8, 2024, ESDC raised the starting hourly wage for workers coming into Canada through the high-wage stream of the TFW Program by 20%. As a result a greater number of jobs are expected to be subject to the stricter rules of the low-wage stream, including additional employer requirements related to housing, transportation and recruitment of workers already in Canada.

Changes to the International Mobility Program

• IRCC has tightened the eligibility for open work permits for the family members of workers and students.

• Effective January 21, 2025, eligibility is limited to:

o Spouses of temporary workers in a high-skilled management or professional occupation (e.g., , scientists, engineers), or in critical sectors like health care and construction, or in a job linked to government priorities (e.g., military) and the principal worker must have at least 16 months remaining on their work permit; and,

o Spouses of international students in master’s programs of 16 months or longer duration, doctoral programs, certain professional programs, and select pilot programs.

• IRCC has also introduced and announced additional reforms for the Post-Graduation Work Permit (PGWP) program:

o Since May 15, 2024, international students who begin a study program delivered by private colleges as part of a curriculum licensing arrangement are no longer eligible for a PGWP.

o Since November 1, 2024, all new PGWP applicants are required to demonstrate a minimum level of language proficiency to increase their ability to transition to permanent residence.

o In addition, certain graduates need to graduate from a field of study linked to occupations in long-term shortage. Graduates who submitted a study permit application prior to November 1, 2024, will continue to be eligible provided that they meet the language requirement.

Facilitative Measures to support labour market priorities

• Though IRCC is decreasing the number of temporary workers overall, temporary work programs are important to labour mobility and attracting talent.

• Beyond prioritizing applications in essential sectors, targeted measures have also been introduced to more broadly attract specific skill sets and experiences, including:

Expansion of the Francophone Mobility Stream

• In June 2023, IRCC expanded the IMP Francophone Mobility Stream to help achieve broader linguistic objectives and facilitate Francophone migration to support French language communities outside of Quebec. This stream is now open to French-speaking foreign nationals applying to work in any Training, Education, Experience and Responsibilities (TEER) category, including lower-skilled positions in TEER 4 and 5, with the exception of positions in Primary Agriculture.
• IRCC also lowered the language threshold from Canadian Language Benchmarks (CLB) 7 in all four tests: Speaking, Listening, Reading, and Writing, to a CLB 5 in Speaking and Listening only, thus removing the Reading and Writing requirement for an initial period of two years. This change opens the door to more French-speaking immigrants by giving them the opportunity to gain Canadian work experience and potentially qualify for permanent residence, while contributing to the vitality and economy of Francophone minority communities throughout Canada.

New Innovation Stream under the International Mobility Program

• In March 2024, IRCC launched a tailored Innovation Stream under the IMP to enable Canadian employers selected by Innovation, Science and Economic Development Canada as part of the Global Hypergrowth Project (GHP) to hire individuals they need to expand and grow. The stream will be in place for 2 years, and facilitates LMIA-exempt work permit access for foreign nationals with a job offer in a TEER 0-3 occupation from a GHP company. It is an example of an initiative that supports high growth companies across the full spectrum of their needs.

Amnesty International’s Report on Canada’s Temporary Foreign Workers Program

• On January 30, 2025, Amnesty International published a report titled, “Canada has destroyed me”: Labour exploitation of migrant workers in Canada”.

• The report outlined concerns with the design of the TFWP, particularly the Season Agricultural Worker Program, suggesting that the TFWP “intentionally targets racialized people from the Global South” and that employer-specific work permits under the TFWP put “migrant workers at higher risk of labour exploitation”.

• The report also claimed that Canada is “breaching its international obligations” to respect and protect the right to just and favourable conditions of work (International Covenant on Economic, Social and Cultural Rights), the right to an effective remedy (International Convention on Civil, Political and Cultural Rights), and the right not to be discriminated (International Convention on the Elimination of All Forms of Racial Discrimination).

There is a class action before the Quebec Superior Court and proposed class action before the Ontario Superior Court which challenge the constitutionality of employer-specific work permits . These class actions allege that employer-specific work permits violate s. 7 of the Charter (life, liberty and security of the person) and s.15 of the Charter (equality).

Responsive on Amnesty report
• As the issues raised in the report are part of current litigation, we are unable to comment at this time.
• However, it is important to note that, while in Canada, temporary workers have the same employment standards, rights, and protections under federal, provincial, and territorial law as Canadian citizens and permanent residents.
• The government is also actively taking steps to strengthen the compliance regimes within the TFWP and IMP.
• The Changing Employers Public Policy and the Open Work Permit for Vulnerable Workers are also available to facilitate temporary foreign workers seeking to change jobs in Canada.

Measures to protect temporary foreign workers

Employer compliance regime

• The Employer Compliance Regimes under the TFWP and IMP seeks to ensure the protection of the rights of temporary workers on employer-specific work permits through a suite of conditions on employers identified in the Immigration and Refugee Protection Regulations.
• If an employer fails to meet program requirements or conditions or does not cooperate during an inspection, consequences can be severe, including administrative monetary penalties up to a maximum of $1 million and bans from the Program.
• A confidential tip line and online reporting tool is available to temporary workers and other parties to anonymously report situations of potential wrongdoing. All allegations are reviewed, and appropriate action is taken. If criminal activity is suspected, the information is forwarded to law enforcement agencies such as the RCMP and CBSA.

Open Work Permit for Vulnerable Workers

• The Open Work Permit for Vulnerable Workers (OWP-V) was launched in June 2019 and provides workers on valid employer-specific work permits experiencing, or at risk of experiencing, abuse in their job with access to 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. 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.
• 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.
• When applying for the open work permit, the migrant worker must provide sufficient evidence to satisfy the officer that there are reasonable grounds to believe that they are experiencing or are at risk of experiencing abuse in the context of their employment in Canada.
• The migrant worker is encouraged to describe the abuse or risk of abuse they face by submitting a letter of explanation, and other compelling and credible information; however, an anonymous letter alleging certain facts may not meet this threshold. Officers have to assess on the totality of the evidence in each case.
• In November 2021, IRCC launched a trauma-informed training for immigration officers who process open work permit for vulnerable workers applications. This training helps streamline the assessment process, providing officers with tools to better support clients by using a trauma-informed lens, allowing officers to make informed decisions and providing applicants with an improved client experience in the process.

Employer-specific permits
• The government maintains oversight of temporary workers and their impacts on our labour market by making certain work permits employer-specific.
• Employer-specific permits enable the government to conduct inspections to ensure employers comply with regulatory conditions, such as providing a workplace free of abuse, respecting a worker’s job description, and not engaging in reprisals against workers who raise concerns.
• Employers who are found non-compliant can incur penalties including warning letters, administrative monetary penalties and temporary or permanent bans from hiring temporary foreign workers under both Programs.
• The Temporary Foreign Worker Program (TFWP) further takes into account minimum working conditions and other aspects of collective agreements, including wage requirements, which are used to prevent wage suppression for temporary workers and Canadians alike. The program also require employers to provide healthcare insurance coverage when temporary workers are not covered by the applicable P/T health insurance system when arriving in Canada. Furthermore, employers of temporary workers under the TFWP Low-Wage Stream are required to provide additional support such as paying round-trip transportation costs, and provide accommodation (or ensure that suitable and affordable housing is available) to workers during their period of employment.

Canadian employers hiring temporary workers on employer-specific work permits are subject to an employer compliance regime to promote safe and fair working conditions for foreign workers and to help prevent program misuse.