Question Period Note: Temporary Foreign Workers

• The COVID-19 pandemic has had an impact on the availability of temporary foreign workers to fill labour shortages.
• Each year, almost 2000 temporary foreign workers are employed in fish and seafood processing plants across the country, many of those in Canada’s eastern provinces.
• In April, the Government committed $50 million to assist farmers, fish harvesters, and all food production and processing employers to put in place measures to follow safety guidelines for temporary foreign workers entering Canada.
• I recognize that changing parameters, such as restrictions on international flights to Atlantic Canada, are concerning.
• The Government continues to work with industry, and provincial and territorial governments to facilitate temporary foreign workers for companies and communities where local labour is not readily available, and in keeping with public health regulations.

Temporary Foreign Worker Program (TFWP)
• The TFWP allows Canadian employers to hire foreign nationals to fill temporary labour and skill shortages when qualified Canadian citizens or permanent residents are not available.
• Fish and seafood related temporary foreign worker (TFW) positions have seen a significant increase. In 2019 (January-July), there were over 1,800 TFWs holding positions in the fish harvesting, aquaculture and seafood processing occupations (up from 65 in 2006, January-December) in Canada.
• In 2019, fish and seafood related TFWs accounted for 1.4% of all TFWs in Canada. Over 99% of seafood workers worked in the processing sector, accounting for approximately 7% of total fish and seafood processing employment. Within the fish and seafood sector, most TFWs are employed in New Brunswick (51%), Prince Edward Island (25%), and Nova Scotia (13%). See Appendix A.
• The seafood and meat processing industries rely largely on workers from China and the Philippines.

COVID-19 response
• In response to concerns that COVID-19 was impacting the timely arrival of agricultural and food processing workers and could negatively affect farmers, fish processors, the industry and Canada’s domestic food supply, on March 23, 2020, the Government instituted exemptions to the air travel restrictions to allow travel to Canada by TFWs.
• ESDC and IRCC are continuing to process Labour Market Impact Assessments and work permits for all workers under the TFWP and they will be permitted to travel to Canada provided they meet all screening measures applicable to travellers - this includes a 14 day isolation period upon arrival for these individuals arriving from abroad. ESDC will prioritize the processing of Labour Market Impact Assessments for employers of workers in occupations related to agriculture and food processing.
• TFWs currently in Canada under a work permit can apply to IRCC to extend their work permit and remain in Canada as a temporary worker or apply to stay as a visitor.
• If no longer working, TFWs can apply to change their status to visitor, as long as the work permit has not expired.
• TFWs that intend to continue working may be able to extend their work permit if they are eligible.
• If the work permit has already expired, and it has been less than 90 days, TFWs can apply to restore status. If it has been more than 90 days since the TFW’s status has expired the worker may be eligible to apply for a “temporary resident permit”. With a temporary resident permit, the worker can remain in Canada with legal status.
• Other TFWP measures were introduced to respond to COVID-19:
• For all employers, extending the period of validity of a labour market impact assessment from 6 to 9 months, to allow employers more time to identify candidates and bring them to Canada.
• For employers of workers in the low-wage stream (i.e. seafood processing workers), increasing the maximum duration of work permits from 1 to 2 years.
• For employers of workers in occupations related to agriculture and food processing by removing minimum recruitment requirements for the next 6 months (i.e. until October 31, 2020) and offering priority processing.
• TFWs receive health coverage equivalent to other residents of Canada. If provincial/territorial health care is not provided from the first day the worker arrives in Canada, equivalent private health insurance must be provided by the employer until the worker becomes eligible for the provincial/territorial plan.
• TFWs are subject to the same eligibility criteria for Employment Insurance (EI) as Canadians and Permanent Residents (e.g. minimum insurable hours, work permit, etc.). EI sickness benefits are available to people who are unable to work due to illness, injury or quarantine, but who would be available to work if it were not for their medical condition.

Employer Responsibilities
• The TFW’s period of employment is intended to begin upon their arrival to Canada, and include the self-isolation period. The employer must comply with all laws and policies regarding the employer-employee relationship during that period.
• The employer must pay the TFW regular pay and benefits for the self-isolation period, along with monitoring the health of TSW and that they have the tools needed to practice good hygiene.
• Processing facilities must abide by the Canadian Food and Inspection Agency (CFIA) Guidance to Meat Slaughter and Processing Establishments on Prevention and Response to Suspect and Confirmed COVID-19 Plant Employees .

Government Support
• Announced on April 13, 2020, the Government has made available $50 million to assist farmers, fish harvesters, and all food production and processing employers (including seafood), put in place the measures necessary to follow the mandatory 14-day isolation period required of all workers arriving from abroad (see above).
• Funding support will amount to $1,500 for each TFW, provided to employers or those working with them to ensure quarantine requirements are fully met. The funding is conditional on employers not being found in violation of the mandatory 14-day isolation protocols described above or any other public health order.
• This support program will be available as long as the Quarantine Act is in force and the isolation protocol is followed.

Recent Changes to Atlantic Canada Flights
• New federal air travel restrictions require all international flights to be funneled into Toronto, Montreal, Calgary, and Vancouver. International commercial flights are no longer able to land in Atlantic Canada.
• Media sources are reporting that temporary foreign workers (TFWs) are now faced with the challenge of having to quarantine away from their intended destination and at the cost of $2000 per person.
• Media sources indicate a lack of clarity on how FTW’s will be impacted by the requirements to quarantine in the city they land in, as well as cover the $2000 hotel fee.
• On Friday, January 29th, the Transport Minister’s office spoke to media sources, stating that non-essential travelers (migrant workers) will not have to pay out of pocket to quarantine for 3 days at government-approved hotels.

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