Question Period Note: AUTHORITY OF THE QUEBEC GOVERNMENT TO CONTROL THE NUMBER OF TEMPORARY IMMIGRANTS IN THE PROVINCE

An opinion piece published in the newspaper Le Devoir on October 10, 2023, and written by Anne Michèle Meggs, former director of planning and reporting at Quebec’s ministère de l’Immigration, de la Francisation et de l’Intégration, suggests that the provincial government could control temporary immigration levels by requiring Quebec’s consent before admitting temporary foreign workers through the International Mobility Program at Immigration, Refugees, and Citizenship Canada (IRCC).

The Temporary Foreign Worker Program at ESDC helps employers address temporary labour and skills needs, while ensuring that Canadians and permanent residents are given first opportunity at available jobs.

In Quebec, the program is co-administered with Quebec’s Le ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

Departmental officials work closely with their Quebec counterparts to ensure the roles and responsibilities set out in the Canada-Québec Accord are respected.

If Pressed – Temporary Foreign Worker Program

Temporary immigration is one source of labour, and, on its own, will not fully address current and future labour pressures.

It is important that governments employ all available labour sources and prioritize hiring from within under-represented groups.

TFW Program policies are continuously reviewed to ensure they align with the latest economic conditions and enhance the protection of temporary foreign workers.

Temporary foreign workers have the same rights as Canadians and permanent residents under applicable federal, provincial, and territorial employment standards and collective agreements.

TEMPORARAY FOREIGN WORKER PROGRAM

The Temporary Foreign Worker (TFW) Program gives employers the opportunity to hire foreign workers on a temporary basis when qualified Canadians and permanent residents are not available. The Program ensures that Canadians and permanent residents are first in line for available jobs. Moreover, the TFW Program establishes conditions that identify standards to safeguard worker protection and prevent bad actors from accessing the Program.

The authority for the Labour Market Impact Assessment (LMIA) process rests with the federal department of Employment and Social Development.

In Quebec, the TFW Program is jointly administered with the provincial government. In the case of a foreign national who intends to work in the Province of Quebec, LMIA assessment provided by ESDC are made in concert with Quebec’s ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI).

The 1991 Canada-Québec Accord established the joint assessment of the labour market test set out in the LMIA. It also gave Quebec the authority to consent to the entry into the province of TFWs whose admission is governed by the requirement concerning the availability of Canadian workers (known as the LMIA).

Service Canada assesses 6 of the 9 factors relevant to the labour market analysis:

language requirements;

job creation or retention;

transfer of skills and knowledge;

labour shortage;

recruitment and advertising requirements; and,

reasonable efforts to fulfill commitments.

The labour market analysis conducted by Quebec provides an assessment over:

the wages offered to the worker;

working conditions; and,

the existence of a possible labour dispute.

Over the last few years, Quebec has been pursuing greater involvement in the TFW Program and has sought the devolution of the Program to the Province. The latest request for devolution was made on June 7, 2023. The Program is currently co-managed by the federal and provincial governments.

ESDC remains engaged in exploring areas of collaboration to better respond to Quebec’s labour market needs.

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