Question Period Note: Strengthening Foreign 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 Temporary Foreign Worker Program provides Canadian employers with access to temporary foreign workers when Canadians or permanent residents are not available and ensures that workers are protected. Foreign workers have the same rights to workplace protections as Canadians under applicable employment standards and collective agreements.

• The Government takes the protection of foreign workers seriously and has made important improvements to achieve this. The Program has a comprehensive employer compliance regime that protects foreign workers through determining whether employers are meeting their Program obligations. We also increased the number of on-site inspections and introduced unannounced inspections.

• In 2018, we launched the Migrant Worker Support Network pilot in British Columbia. It supports foreign workers in learning about and exercising their rights. It also supports employers in understanding and meeting Program requirements.

• The Government will continue engaging with stakeholders, including provinces and territories, foreign workers and their representatives, and employers to further strengthen protections.

The protection of workers is an emerging priority for the Government. Action has been taken on two fronts: strengthening the employer compliance regime and increasing supports and protections for workers.

A key part of the compliance regime is the inspections that verify employers’ compliance. Employers must always remain compliant with provincial and territorial laws. Failure to comply may result in consequences like administrative monetary penalties, Program bans, or revocation of Labour Market Impact Assessments.
Recent changes to the compliance regime include: a risk-based approach to inspections, increasing on-site inspections, and unannounced on-site inspections.

Protecting workers is a responsibility shared with provincial and territorial governments. Collaboration is important to develop cohesive worker protections and to establish Information Sharing Agreements that support the consistent application of laws and regulations.

To strengthen supports for workers, the Migrant Worker Support Network pilot, launched in British Columbia, brings together stakeholders involved in protecting and supporting workers by providing a forum for them to meet and address issues faced by workers and employers. The pilot also has a funding component where the Federal Government supports BC-based non-profit organizations in assisting and educating workers and employers about their obligations and rights.

In 2019, Immigration, Refugees and Citizenship Canada enabled workers experiencing or at risk of abuse to receive an open work permit, providing a means to find other employment in Canada.

Taken together, these measures are intended to protect and support vulnerable temporary foreign workers.

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