Question Period Note: Worker Protections

Media coverage often points to gaps in worker protections under the Temporary Foreign Worker Program following an allegation of wrongdoing by an employer.

The Government of Canada takes its responsibility to protect the health and safety of temporary foreign workers seriously.

While in Canada, temporary foreign workers have the same rights to workplace protections as Canadians and Permanent Residents under applicable federal, provincial, and territorial legislation.

Recent efforts to enhance worker protection include:

investments in the Migrant Support Worker Program;

regulatory amendments to strengthen the Immigration and Refugee Protection Regulations; and,

rebuilding the Program’s Compliance regime to ensure that employers are held accountable for the treatment of their workers.

If pressed on worker protections

All workers deserve safe, healthy, and dignified workplaces.

In September 2022, the Government strengthened protections for temporary foreign workers by:

requiring employers to provide workers with information about their rights;

prohibiting reprisal by employers against workers;

prohibiting employers from charging recruitment fees;

requiring employers to provide reasonable access to health-care services.

Budget 2023 announced $48 million to continue the rebuild of the Employer Compliance Regime to help improve the quality of inspections.

The Migrant Worker Support Program, launched in fall 2022, funds community organizations to support migrant workers.

While in Canada, temporary foreign workers have the same rights to workplace protections under applicable federal, provincial, and territorial employment standards as Canadians and permanent residents. Employers are expected to uphold certain conditions and be aware of their responsibilities and obligations.

The Temporary Foreign Worker Program has a compliance regime in place to help protect temporary foreign workers by verifying, through inspections, that employers are meeting their obligations. Employers that are deemed non-compliant, through the course of an inspection, may face consequences if they are unable to provide an acceptable justification or do not provide acceptable corrective measures.  

Inspections are often generated from a tip or complaint, which may initiate a visit from a compliance inspector. If an employer fails to meet program requirements and/or conditions or does not cooperate during an inspection, consequences can range from a $1,000 penalty to a $100,000 per violation and up to $1 million and a permanent ban from the Program. All non-compliant employers, with the exception of those who receive a warning, are listed on a public-facing website managed by Immigration Refugees and Citizenship Canada.

Temporary foreign workers who have faced mistreatment or abuse are encouraged to contact our confidential tip line to file a report. This is the most effective way for the government to identify and address bad actors. The government’s confidential tip line is available 24 hours a day, 7 days a week, with access to live agents offering services in over 200 languages Monday to Friday from 6:30 am to 8 pm Eastern time. This tip line provides a safe place for temporary foreign workers to report abuse without reprisal. These agents can help workers and anyone else reporting anonymously communicate situations of mistreatment or abuse and inform workers of their rights. In addition to the confidential tip line, the Temporary Foreign Worker Program has a concierge service that works to build and nurture relationships with partners in worker protection. Concierge Services coordination makes it easier for stakeholders, migrant support groups, consulates, other federal departments, and provincial partners to work together on worker protection issues.

As part of the Government of Canada’s broader commitment to protecting temporary foreign workers from mistreatment and abuse, a new Migrant Worker Support Program was launched in 2022 (totalling $49.5M committed in Budget 2021). This program, which builds on the $19.3M directed through non-profit organizations since 2019, provides funding directly to organization across Canada and supports their provision of migrant worker-centric programs and services, including on-arrival orientation, assistance in emergency and at-risk situations, and tools to help workers better understand and exercise their rights.  

On September 26, 2022, new amendments to the Immigration and Refugee Protection Regulations also came into force. These regulatory amendments better protect temporary foreign workers and help prevent mistreatment and abuse during their stay in Canada by: 

Mandating that employers provide all temporary foreign workers with information about their rights in Canada (facilitated by the published guide entitled ‘Temporary foreign workers: your rights are protected’); 

Prohibiting reprisal by employers against workers, against those who come forward with complaints; 

Prohibiting employers from charging recruitment fees to workers and holding them accountable for the actions of recruiters in this regard; and, 

Requiring employers to provide reasonable access to health-care services. Employers using the TFW Program are also required to provide private health insurance when needed.  

These regulations are designed to further deter bad actors from participating in the Program and improve the Program’s ability to conduct inspections and administer consequences for those who do not follow the rules. 

None