Question Period Note: TEMPORARY FOREIGN WORKER PROGRAM: EMPLOYER-SPECIFIC WORK PERMITS

There have been criticisms of employer-specific work permits (also known as closed work permits) for workers via the Temporary Foreign Worker (TFW) Program, including allegations that such work permits contribute to worker mistreatment and program misuse due to restricted labour mobility.

.

While in Canada, temporary foreign workers have the same workplace rights and protections as Canadians and permanent residents.

The Government of Canada continuously reviews Temporary Foreign Worker Program regulations and policies to ensure employers are held accountable for their actions and treatment of workers.

The Labour Market Impact Assessment acts as a first safeguard for worker protections, as it outlines program requirements related to working conditions, employment standards, and employer obligations.

Employer-specific work permits also make it possible for the Government to know which employers are hiring temporary foreign workers at any given time and location. This ensures the integrity of the Program and protection of workers.

IF PRESSED on the Use of Employer-Specific Work Permits

The issuance of employer-specific work permits is linked to the program requirement for employers to submit a Labour Market Impact Assessment application.

The Labour Market Impact Assessment and this type of work permit help ensure that the Program is being used to fill a specific, temporary labour market need and that Canadians and permanent residents are prioritized for available jobs.

Through the Labour Market Impact Assessment process, Service Canada Officers assess the legitimacy of the employer, and their job offer and verify whether the employer has adhered to program requirements in the past.

IF PRESSED on Class Actions related to Employer-Specific Work Permits

The government of Canada cannot comment on specific cases that are before the courts.

The TFW Program is designed to address labour and skills shortages on a temporary basis. Program policies are reviewed regularly and adjusted to respond to changing economic and labour conditions.

To access the TFW Program, prospective employers must submit a Labour Market Impact Assessment (LMIA) to the Government of Canada. An LMIA evaluates whether there is valid justification for the employer to hire a temporary foreign worker and imposes specific requirements on employers. The LMIA is an important tool that not only serves to protect the Canadian labour market, but acts as the first safeguard for worker protection. It reinforces program requirements related to wages and working conditions, employment standards, and employer obligations.

A positive LMIA is issued when it is determined that the employment of a temporary foreign worker in an occupation will have a positive or neutral impact on the Canadian labour market and that the job offer is genuine. Once an employer has a positive LMIA, the temporary foreign worker can then apply to Immigration, Refugees and Citizenship Canada (IRCC) for an employer-specific work permit, which authorizes them to work for a specific employer, occupation, location, and duration. IRCC is responsible for processing and determining the eligibility of work permits. Canada Border Services Agency is responsible for the issuing of work permits at the port of entry.

Employers of employer-specific work permit holders are subject to an employer compliance regime. Employers under the TFW Program must demonstrate compliance with up to 29 regulatory conditions, including that the employer is compliant with relevant jurisdictional laws (e.g., applicable provincial and territorial employment standards).

Public Criticisms of the Use of Employer-Specific Work Permits

There has been increased public scrutiny of employer-specific work permits.

In May 2024, the Standing Senate Committee on Social Affairs, Science and Technology (SOCI) released its report entitled “Act Now: Solutions for Temporary and Migrant Labour in Canada”. The SOCI report focused on Canada’s immigrant labour infrastructure, including the TFW Program and the IMP. The SOCI report outlined recommendations across the themes of worker protections, compliance and enforcement, information and data, and health and support services – including to phase-out the use of employer-specific work permits over three years. A Government Response was tabled in October 2024.

The United Nations’ Special Rapporteur on Contemporary Forms of Slavery’s presented a report in September 2024, concluding that “the TFW Program serves as a breeding ground for contemporary forms of slavery” and includes the recommendation to end the use of employer-specific work permits. Canada prepared an Addendum to this Report, to respond to its findings, and provided an oral statement in response to the Report at the 57th United Nations Human Rights Council session in Geneva on September 12, 2024.

In November 2024, the Standing House Committee on Citizenship and Immigration (CIMM) released its report entitled “Conditions for Growth: Reconsidering Closed Work Permits in the Temporary Foreign Workers Program”, in which the topics examined included work conditions, labour mobility and challenges, and worker protections. The CIMM report outlined several recommendations in support of these areas, including issuing sectoral and regional work permits and eventually discontinuing the use of closed work permits. A Government Response was not tabled before the dissolution of the 44th Session of Parliament.

Released in January 2025, Amnesty International’s report examined the human rights impacts of the TFW Program, including the exploitation and mistreatment of temporary foreign workers. The report outlined recommendations such as increased labour mobility, better access to healthcare, and the ability to report abuse without fear of reprisal.

There are also two class action lawsuits currently before the provincial courts: one in Quebec and one proposed in Ontario; both at early stages. Both allege that the use of employer-specific work permits violates sections 7 and 15 of the Canadian Charter of Rights and Freedoms by restricting the physical liberty of temporary foreign workers and by discriminating-bases on race, ethnicity, and national origin.

Work Permits and Labour Mobility

The TFW Program also has measures in place that support the mobility of workers. Under the Seasonal Agricultural Worker Program (SAWP) stream, workers work for another SAWP employer without having to apply for a new work permit, subject to the agreement between the source country, employer and employee.

ESDC, in collaboration with IRCC, is also working to develop a new foreign labour stream for agriculture and fish processing. The new stream is anticipated to include a stream-specific work permit, which will provide enhanced worker mobility within the agriculture and seasonal fish, seafood and fruit and vegetable processing sectors.

To support employer-specific work permit holders who are experiencing or at risk of experiencing abuse in their job, IRCC established an Open Work Permit for Vulnerable Workers (OWP-V) in 2019. Temporary foreign workers can apply to this permit to leave abusive situations without compromising their immigration status or work authorizations, if they are experiencing physical, sexual, psychological or financial abuse in the workplace.

In addition, IRCC also has in place the Changing Employer Public Policy since May 2020, to improve mobility for temporary foreign workers who are required to obtain employer-specific work permits in Canada. This measure allows temporary workers already in Canada who are changing jobs or employers, and who have secured a job offer under the terms of either the TFW Program or IMP, to begin work in advance of a final decision on their work permit application.

KEY FACTS

Canada has two temporary work entry programs: the TFW Program (jointly administered by ESDC and Immigration, Refugees and Citizenship Canada [IRCC]) and the International Mobility Program (IMP) (solely administered by IRCC).

Work permits issued via the TFW Program are employer-specific work permits. In 2024, IRCC issued 192,240 work permits under the TFW Program. 

Launched in 2019, IRCC’s Open Work Permit for Vulnerable Workers (OWP-V) allows temporary foreign workers to leave their current employer to work temporarily for almost any eligible employer in Canada if they are experiencing or at risk of experiencing mistreatment in their job.