Question Period Note: COMPLIANCE INSPECTIONS UNDER THE TEMPORARY FOREIGN WORKER PROGRAM

What are some of the important findings of compliance inspections under the Temporary Foreign Worker Program in the last fiscal year?

The Government takes the health and safety of temporary foreign workers and the integrity of the Temporary Foreign Worker Program very seriously. Any worker abuse and/or misuse of the Program is not tolerated.

The Temporary Foreign Worker Program operates a compliance regime, which grants the authority to visit employer worksites with or without advanced notice, and inspects employer activities to ensure they are meeting program conditions.

If an employer is found non-compliant, the Program has the authority to impose a range of consequences.

This can include administrative monetary penalties of up to $1M and, for more serious violations, a ban from the Program.

The Temporary Foreign Worker (TFW) Program plays a key role in supporting Canada’s economic growth by assisting employers in filling their labor requirements only when qualified Canadians and permanent residents are not available.

The TFW Program compliance regime is in place to ensure employers understand their responsibilities and are held accountable for their treatment of Temporary Foreign Workers in Canada. The Provinces and Territories, in turn, are responsible for many of the laws and regulations that affect the protection of TFWs. These legal protections include labour and employment, recruitment, and occupational health and safety standards (except in federally regulated workplaces), as well as health care, public health and housing.

The TFW Program’s compliance regime has evolved significantly over the past decade. Changes to legislation and regulations have not only increased the number of conditions that can be inspected but have also allowed for important changes in the way inspections are conducted. As a result, ESDC inspectors can now assess compliance on up to 28 conditions.

Most recently, in September 2022, new regulatory amendments to the Immigration and Refugee Protection Regulations (IRPR) came into force aiming to better protect temporary foreign workers and help prevent mistreatment and abuse during their stay in Canada. These amendments will improve the ability to prevent bad actors from participating in the Program and enhance inspections and ensure appropriate consequences for those who do not follow the rules.

Employers who are found non-compliant with program conditions can face consequences that range from a $1,000 penalty to a $100,000 per violation and up to a maximum combined amount of $1 million and a temporary or permanent ban from the Program.

The Government of Canada recently invested an additional $48 million over two years, to improve the quality of inspections and hold employers accountable for the treatment of workers.

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