Question Period Note: Worker Protections and Employer Compliance under the Temporary Foreign Worker Program

Public reports, statements, and articles have suggested there are gaps in worker protections under the Temporary Foreign Worker (TFW) Program.

While in Canada, temporary foreign workers have the same workplace rights and protections as Canadians and permanent residents. Mistreatment of temporary foreign workers – or any worker – is unacceptable.

The Temporary Foreign Worker Program has tools in place to protect temporary foreign workers, using a compliance regime making sure that employers are meeting program requirements.

The Program has a confidential tip line and online reporting tool where temporary foreign workers and other parties can anonymously report potential wrongdoing and misuse of the Temporary Foreign Worker Program. The tip line is available 24/7 with access to live agents offering services in over 200 languages

Employers that are non-compliant can face significant consequences, including administrative monetary penalties and bans from the Program. Non-compliant employers are also listed on a public-facing Government of Canda website. 

IF PRESSED (Worker protections)

The Government of Canada remains firmly committed to the rights and protections of temporary foreign workers, and works closely with its provincial, territorial and international partners, and worker support organizations to ensure workers are protected.

The rules of the Temporary Foreign Workers Program are clear and are continuously reviewed to ensure employers are held accountable for their actions and treatment of workers.

The Government of Canada also funds the Migrant Worker Support Program, which supports temporary foreign workers to understand and exercise their rights while working in Canada.

IF PRESSED (Volume and types of inspections)

Over the last several years, the Temporary Foreign Worker Program’s compliance regime has evolved significantly to protect workers and ensure program compliance

Annual inspection rates are impacted by various factors, program shifts, and the implementation of new measures.

Inspections have become increasingly complex, requiring inspectors to validate many different types of allegations ranging from wages to international employment contracts, to mistreatment.

As a result some inspections require more time, which means an overall decrease in the total number of inspections when compared to previous fiscal years, but a significant increase in penalties issued to employers.

The Program has implemented new tools and strategies to target employers with the highest potential risk of non-compliance.

Inspections always include interviews with workers and employers.

The method for inspection, whether paper-based or on-site (announced or unannounced), is determined using several factors including the allegations that led to the launch of an inspection, and the conditions being reviewed.

An onsite inspection will always take place when there are allegations impacting the health and safety of workers, or when inspecting accommodations.

Temporary foreign workers in Canada have the same workplace rights and protections as Canadians and permanent residents. While the Temporary Foreign Worker (TFW) Program is regulated by the federal government, provinces and territories (PTs) are responsible for the application and enforcement of laws regulating employment, recruitment, housing, occupation, and health and safety (except in federally regulated workplaces), all of which apply to the employers of temporary foreign workers. PT laws, however, vary across the country. Employers not only need to adhere to PT laws, but they are also required to comply with the additional wages and working conditions established in the Immigration and Refugee Protection Regulations (IRPR).

To access the Program, prospective employers must submit an LMIA, which evaluates whether there is a genuine labour market need for the employer to hire a temporary foreign worker, and acts as the first safeguard for worker protection by reinforcing IRPR requirements.

The TFW Program has in place a compliance regime to help protect temporary foreign workers by verifying, through inspections, that employers are fulfilling program requirements set out in their LMIA and the conditions set out in pertinent regulations, including compliance with accommodation requirements when employers provide housing for temporary foreign workers. Employers are required to follow Program conditions and be aware of their responsibilities and obligations. If and/or when inspected, employers must demonstrate compliance with up to 29 conditions designed to protect the Canadian labour market and/or protect temporary foreign workers from mistreatment.

There are three types of inspections that the (TFW) Program uses for compliance inspections: exclusively paper-based inspections, announced, and unannounced on-site inspections. All three inspections methods are important for enabling effective inspections strategies and for the responsible use of public funds to administer the compliance regime. 

Paper-based inspections are an effective method in certain type of cases and are only used to inspect conditions that do not require an on-site assessment, such as: 

wages/payroll; 

working conditions (such as hours worked, overtime, statutory pay); and 

the provision of health insurance or transportation coverage. 

Paper-based inspections follow the same inspection steps as per on-site inspection such as gathering, assessing, and reviewing documents provided and conducting interviews with workers and employers. If, while conducting a paper-based inspection, the inspector determines that there is insufficient information to make a determination on the employer’s compliance, or new information is received, the inspector may also visit the worksite or accommodations to gather more information. Regardless of the method, employers must show compliance with program requirements by supplying necessary information and documentation during the inspection.

If an employer fails to meet program conditions or does not cooperate during an inspection, consequences can range from a $500 to a $100,000 penalty per violation, up to $1 million per year, and/or a temporary or permanent ban from the TFW Program. Non-compliant employers are listed on a public-facing website managed by Immigration Refugees and Citizenship Canada.

Temporary foreign workers who have experienced mistreatment or program misuse, and anyone aware of such cases, are encouraged to contact the confidential tip line and/or the online reporting tool, to report these situations. 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. These agents can help workers and anyone else to anonymously report situations of mistreatment or program misuse and inform workers of their rights. The TFW Program also has a Consulate liaison service that works to build and nurture relationships with partners in worker protection. Consulate liaison services coordination makes it easier for stakeholders, worker support organizations, consulates, other federal departments, and provincial partners to work together on worker protection issues.

In addition to the employer compliance regime, the Migrant Worker Support (MWS) Program is a key component of the Government of Canada’s worker protection strategy. First announced in Budget 2021, the MWS Program funds community organizations to help mitigate the challenges that some workers face as temporary residents (e.g., isolation, language barriers, lack of awareness of their rights, fear of retribution). This includes, but is not limited to: educational webinars, inclusion activities, health and legal clinics, mental health supports, language services (translation, interpretation, language training), emergency supports, assistance applying for federal and/or PT government programs and services – such as the Open Work Permit for Vulnerable Workers – and supports to change jobs.

In September 2022, the Government strengthened protections for temporary foreign workers through regulatory amendments that:

prohibit reprisal by employers against workers;

prohibit employers from charging recruitment fees; and

require employers to provide reasonable access to health-care services, including the provision of private health insurance in instances when workers are not covered by public health insurance.

Recent and ongoing efforts to enhance worker protection and prevent program misuse include:

Enhance the Program’s Compliance regime, to improve efforts to hold employers accountable for the treatment of their workers.

More rigorous oversight in higher-risk areas, when processing LMIAs and conducting inspections; and,

Tougher penalties for non-compliant employers.

TFW Program employers must adhere to all employment and occupational health and safety laws applicable in their jurisdiction, as well as working conditions established in the Immigration and Refugee Protection Regulations.

Prospective employers are required to submit a Labour Market Impact Assessment (LMIA), prior to being permitted to hire a temporary foreign worker.

The LMIA evaluates whether there is a valid justification and a genuine need for the employer to hire a temporary foreign worker. It also acts as the first safeguard for worker protection by reinforcing Program requirements relating to wages and working conditions.

The TFW Program has an employer compliance regime designed to verify whether employers are adhering to program conditions and hold employers accountable for their treatment of workers. In 2024-2025:

Over 14,000 tips and allegations were received, with all tips being reviewed for serious health and safety risks and escalated to partners within 48 hours.

ESDC conducted 1,435 employer compliance inspections, of which 10% of employers were found non-compliant. During the same period, penalties more than doubled from $2,067,750 to $4,882,500 and resulted in 36 employers being banned from the TFW Program.

Additionally, the Migrant Worker Support (MWS) Program supports temporary foreign workers in Canada to understand and exercise their rights. Budget 2024 committed $41 million to extend the MWS Program until March 2026.

The MWS Program currently funds 10 community organizations who redistribute funding to over 100 sub-agreement holders. Funded organizations reported over 904,000 service interactions with individual workers between January 2023 and July 2025.