Question Period Note: The Auditor General’s fall report on the Temporary Foreign Worker Program

What is the Minister doing to address the findings and recommendations of the audit of the Temporary Foreign Worker Program?

• I want to thank the Auditor General and her Office for the report and recommendations, pertaining to the Temporary Foreign Worker Program.

• The Government understands the importance of this audit and agrees with its recommendations which will guide the work ahead.

• The health and safety of temporary foreign workers is of the utmost importance to the Government of Canada.

• At a time of global uncertainty, the Government immediately strengthened conditions for the program, brought in even stronger penalties for failing to comply, and doubled the number of inspectors.

• Additional measures have been implemented throughout the pandemic to improve the quality and timeliness of our inspections.

• While these improvements are important, there is more work to be done to improve the TFW Program.

• The auditor general’s recommendation will guide the work to rebuild the compliance regime.

• The Government will continue to work closely with key stakeholders, including provincial/territorial partners, international offices, migrant worker support organizations, and employer groups.

• On December 1, my Department released the What We Heard report. This report summarizes consultations on employer-provided accommodations and sets in motion work to develop program changes in 2022.

• On April 1, 2020, the Government issued new guidance for employers outlining their responsibilities to protect workers during the quarantine period and to limit the spread of COVID-19.

• On April 20, 2020, regulatory amendments made to the Immigration Refugee Protection Regulations granting inspectors the authority to inspect six (6) new conditions related to COVID-19 came into force. The 6 new temporary pandemic requirements consist of asking employers to: provide housing for workers during their mandatory quarantine; provide cleaning products for workers to disinfect their accommodations; pay wages for the quarantine period; provide separate accommodations for workers who test positive; do nothing to prevent workers from complying to any order made under the Quarantine Act; and do nothing to prevent workers from complying with any applicable provincial public health laws enacted in response to the COVID-19 pandemic.

• On April 24, 2020, the Government initiated new inspections during the worker’s quarantine period to verify employer compliance to the six (6) conditions that came into force on April 20, to ensure the employer does not prevent workers from complying with Quarantine Act requirements. Inspections are conducted virtually to protect staff from exposure, reducing the risk of spreading the virus; to ensure contact is made with employers and workers, in a timely manner, during the crucial 14 day quarantine period. Evidence were collected through email, phone and video communication including conducting phone or video interviews with employers and workers.

• Changes to reflect the seriousness taken by the Government to any disregard of orders made under the Quarantine Act and/or the Emergencies Act have also been enacted. Violations related to COVID-19 responsibilities also came into effect on April 20, 2020 introduced significant penalties of up to $1M and a permanent ban from the TFW Program in the event that a violation related to COVID-19 responsibilities is identified.

• On July 31, 2020, the Government announced $58.6 million to strengthen the TFW Program and safeguard the health and safety of Canadian and temporary foreign workers from COVID-19. This included:
o Investing $7.4M to increase supports to temporary foreign
workers, including $6M for direct outreach to workers delivered
through migrant worker support organizations.

• On July 10, 2021, the Government published new proposed regulations in the Canada Gazette Part 1. The new proposed regulations will aim to increase the Government’s ability to prevent bad actors from participating in the Program, strengthen its ability to effectively conduct inspections and apply penalties for non-compliance, and directly improve the protection of vulnerable temporary foreign workers.

• Additionally, ESDC swiftly implemented a series of measures aimed at improving inspections in Winter/Spring/Fall 2021, including:
1. Improving quality and timeliness, including workload management:
• In 2020, ESDC doubled its inspection workforce from about 100 to 200 inspectors and continued to hire in 2021 to address high turnover rates of over 30%.
• In February 2021, the Department designed and launched a national internal quality review function to better address quality gaps. A risk-based approach was also introduced to focus and increase inspections in the agricultural sector, and new training, tools and information sessions were rolled out for inspection staff.
• During the 2021 peak season (February to June), the month-over-month average number of quarantine inspections in the agricultural sector nearly doubled.
• When comparing active quarantine inspections in the agricultural sector in the 2020 peak season (April to June) with the 2021 peak season (February to June), the average number of active inspections per month nearly tripled.

1. Improving partnerships:
   • The Department formally established information sharing agreements with six provincial authorities for the sharing of data specific to employer compliance inspections, and letters of disclosure with three provincial authorities for the sharing of violations pertaining to COVID-19 requirements.
   • ESDC developed and implemented an outbreak protocol to more effectively address outbreaks on farms and work with provinces.

2. Improving measures to better support the workers:
   • In March 2021, the Department implemented a redesigned tip line with a live agent capacity to provide services in multiple languages, making it easier and more accessible to workers so that they may report allegations of abuse or mistreatment. From April to October 2021, the call centre received 3,732 calls that translated into 413 instances of relevant information for integrity services, and 50 new inspections were initiated.
   • ESDC established key liaisons with the Consulates of source countries in an effort to provide enhanced support to foreign workers. Between April, 2021 and October 2021, the concierge service received 388 referrals, resulting in 134 new inspections being initiated and additional information added to 199 ongoing inspections.

3. Improving compliance through education and awareness:
   • In 2021, to raise employer awareness of their obligations, the Department conducted 11 sessions reaching over 1,100 attendees, employers and employer associations representing over 200,000 employers, including joint sessions with Ontario and Quebec.
   • To raise awareness about TFW rights and mechanisms available to flag concerns, seven sessions were conducted with consulates, migrant support organizations and the interdepartmental human trafficking working group.

• The Government is also advancing its partnerships with provinces, territories, and other jurisdictions to allow information sharing to help support the health and safety of temporary foreign workers throughout the pandemic.

• A ‘What We Heard’ Report was released on December 1, 2021, which summarizes the input received during the Fall 2020 public consultations on proposed minimum requirements for employer-provided accommodations under the Temporary Foreign Worker Program. This input will also be used to determining improvements related employer-provided accommodations as one of the conditions of the Program.

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