Temporary foreign workers program: ‘Abuse, misuse’ must end, ‘bad actors’ taking advantage: minister
Andrew McClelland
The Advocate
The federal government announced earlier this month that it is taking measures to crack down on what it calls “misuse and fraud within the system” of the temporary foreign worker program.
That could mean serious changes in Canadian agriculture: in 2023, just over 70,000 temporary foreign workers were employed in primary agriculture industries in Canada, and just over 45,000 worked in related food and beverage manufacturing industries.
While not singling out agriculture, Minister of Employment, Workforce Development and Official Languages Randy Boissonnault spoke out on Aug. 6 against employers taking advantage of the program.
“Abuse and misuse of the (temporary foreign worker) program must end,” Boissonnault said. “The health and safety of temporary foreign workers in Canada is a responsibility I take very seriously. Bad actors are taking advantage of people and compromising the program for legitimate businesses.”
Changes and possible changes
The biggest change will be the government enforcing a rule that sets a 20-per-cent cap for low-wage temporary foreign workers. That would mean that low-wage workers that applied through the temporary foreign worker program could make up no more than 20 per cent of a Canadian business’ workforce.
So far, that cap does not apply to agriculture. But should Ottawa choose to be more stringent, it could have drastic impact for many Quebec and Canadian farm businesses, many of which rely on workforces made up of foreign workers to pick fruits and vegetables.
The cap also applies to workers enrolled in what is called the “dual intent sub-stream,” which applies to temporary foreign workers who intend to apply for permanent residency. While workers hoping to use their work period in Canada as a springboard for permanent residency wouldn’t be limited, their employers would be subject to stricter guidelines.
Employment and Social Development Canada says the temporary foreign worker program is designed “as a last resort for employers to fill jobs for which qualified Canadians are not available.”
Under the program guidelines, an employer must pay for a Labour Market Impact Assessment (LMIA) for approval, demonstrating there is a need for a foreign worker to fill a position for which no Canadian worker or permanent resident is available. Boissonnault says that fee might increase so that further checks and investigations could be made.
Ottawa also says it’s looking to implement future changes regarding employer eligibility. An employer applying to the program would have to have a minimum number of years of business operations or make its history of lay-offs known.
Boissonnault’s announcement on Aug. 6 could be in reaction to a UN report that denounces the temporary foreign worker program as a “breeding ground for contemporary forms of slavery.”
That report followed a fact-finding mission conducted by UN observers in Ottawa, Moncton, Montreal, Toronto and Vancouver last year and was tabled on July 22.
“The temporary foreign worker program serves as a breeding ground for contemporary forms of slavery, as it institutionalizes asymmetries of power that favour employers and prevent workers from exercising their rights,” the UN report states.
Protecting workers
All effected and proposed regulation changes to the temporary foreign worker program are intended to protect a potentially vulnerable labour force. Employment and Social Development Canada notes that fines for infractions against the program increased by a marked 36 per cent.
Statistics Canada says that between 2005 and 2020, the number of temporary foreign workers in Canadian crop production, animal production and aquaculture sectors more than tripled.
However, few of those workers succeed in gaining permanent residency. Figures show that after five years of work in Canadian agriculture only slightly more than 10 per cent of temporary foreign workers obtain permanent residency. After 10 years since workers were first employed in the sector, the cumulative transition rate reaches only 16.8 per cent.