Question Period Note: Worker Protections under the Temporary Foreign Worker Program

Public reports, statements, and articles have suggested there are gaps in worker protections under the Temporary Foreign Worker (TFW) Program.

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

· The Government of Canada remains firmly committed to the rights and protections of temporary foreign workers, and works with provincial and territorial governments, international partners, and worker support organizations on worker protections issues.

· The TFW Program includes a compliance regime that verifies through inspections, that employers are meeting program requirements.

· Program regulations and policies are continuously reviewed to ensure employers are held accountable for their actions and treatment of workers.

Temporary foreign workers in Canada have the same workplace rights and protections as Canadians and permanent residents. While the TFW Program is regulated by the federal government, provinces and territories (PTs) are responsible for the application and enforcement of laws regulating employment, recruitment, housing, and occupation and health and safety (except in federally regulated workplaces), all of which apply to the employers of temporary foreign workers. PT laws, however, vary across the country. Employers not only need to adhere to PT laws, but are also required to comply with the additional wages and working conditions established in the Immigration, Refugee and Protection Regulations (IRPR).
To access the Program, prospective employers must submit an LMIA, which evaluates whether there is a genuine labour market need for the employer to hire a temporary foreign worker, and acts as the first safeguard for worker protections, reinforcing IRPR requirements.
The TFW Program has in place a compliance regime to help protect temporary foreign workers by verifying, through inspections, that employers are fulfilling program requirements set out in their LMIA and the conditions set out in pertinent regulations, including compliance with accommodation requirements when employers provide housing for temporary foreign workers. Employers are required to follow Program conditions and be aware of their responsibilities and obligations. If and/or when inspected, employers must demonstrate compliance with up to 29 conditions designed to protect the Canadian labour market and/or protect temporary foreign workers from abuse and exploitation.
If an employer fails to meet program conditions or does not cooperate during an inspection, consequences can range from a $500 to a $100,000 penalty per violation, up to $1 million per year, and/or a temporary or permanent ban from the TFW Program. Non-compliant employers are listed on a public-facing website managed by Immigration Refugees and Citizenship Canada.
Temporary foreign workers who have faced mistreatment or abuse, and anyone aware of such cases, are encouraged to contact the confidential tip line and/or the online reporting tool, to report these situations. The Government’s confidential tip line is available 24 hours a day, 7 days a week, with access to live agents offering services in over 200 languages Monday to Friday, from 6:30 am to 8 pm Eastern time. These agents can help workers and anyone else anonymously report situations of mistreatment or abuse and inform workers of their rights. The TFW Program also has a Consulate liaison service that works to build and nurture relationships with partners in worker protection. Consulate liaison Services coordination makes it easier for stakeholders, migrant worker support organizations, consulates, other federal departments, and provincial partners to work together on worker protection issues.
In addition to the employer compliance regime, the Migrant Worker Support (MWS) Program is a key component of the Government of Canada’s worker protection strategy. First announced in Budget 2021, the MWS Program funds community organizations to help mitigate the challenges that some workers face as temporary residents (e.g., isolation, language barriers, lack of awareness of their rights, fear of retribution). This includes, but is not limited to: educational webinars, inclusion activities, health and legal clinics, mental health supports, language services (translation, interpretation, language training), emergency supports, assistance applying for federal and/or PT government programs and services – such as the Open Work Permit for Vulnerable Workers – and supports to change jobs.
In September 2022, the Government strengthened protections for temporary foreign workers through regulatory amendments that:
o prohibit reprisal by employers against workers;
o prohibit employers from charging recruitment fees; and
o require employers to provide reasonable access to health-care services, including the provision of private health insurance in instances when workers are not covered by public health insurance.

Recent and ongoing efforts to enhance worker protection and prevent program misuse include:
o Enhance the Program’s Compliance regime, to improve efforts to hold employers accountable for the treatment of their workers.
o More rigorous oversight in high-risk areas, when processing LMIAs and conducting inspections; and,
o Increased penalties for non-compliant employers.

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