GATINEAU, QC, June 26,
2024 /CNW/ - The Temporary Foreign Worker (TFW)
Program continues to play an important role in Canada's economy. It enables Canadian
employers to temporarily fill labour and skills shortages when
qualified Canadians and permanent residents are not available,
while protecting foreign workers during their stay in Canada.
Employment and Social Development Canada (ESDC) takes the
responsibility to protect the health and safety of temporary
foreign workers seriously. Any abuse of workers or misuse of the
Program is not tolerated and is addressed through its compliance
regime and fines.
Last fiscal year, ESDC completed 2,122 inspections under the TFW
Program. Of the employers inspected, 94% were found to be
compliant. During this period, $2.1
million in Administrative Monetary Penalties (AMP) were
issued to non-compliant employers for violating program rules, an
increase of approximately 36% from the prior fiscal year, when
$1.54 million in administrative
monetary penalties were issued. Additionally, a total of 12
employers were banned from the Program, compared to the previous
fiscal year, when 7 employers were banned. Employers who are found
to be non-compliant with TFW Program conditions are listed on a
public-facing website managed by Immigration, Refugees and
Citizenship Canada (IRCC).
Some examples of employers found in violation of the conditions
of the TFW Program from April 1, 2023
to March 31, 2024 include:
- An employer in the food service industry was fined $152,000 and given a two-year ban from the
Program for breaking federal, provincial or territorial laws in
hiring and recruiting employees, as well as for improper worker pay
and working conditions, among other violations.
- An employer in the agriculture sector faced a $46,000 monetary penalty and a five-year ban from
the Program for failing to provide the inspector with proper
documentation, as well as providing an inaccurate description of
the job on the Labour Market Impact Assessment (LMIA)
application.
- An employer in the transport sector was penalized $135,000, along with a 10-year ban, for failing
to provide an abuse-free environment and for failing to provide
documents.
The Government of Canada has
invested $48 million over two years,
starting in 2023–2024, to improve the Employer Compliance Regime
under the TFW Program through activities that include hiring
more program inspectors and maintaining the worker protection tip
line. In addition, this funding has supported:
- outreach sessions to employer organisations and consulates to
help spread awareness of temporary foreign worker rights and
employer obligations;
- enhanced tools to provide user-friendly mechanisms to report
potential misuse of the TFW Program; and
- the implementation of a process to escalate concerns to
appropriate stakeholders within 48 hours in situations where the
health and safety of temporary foreign workers are at immediate
risk.
The Government continues to work closely with all partners to
ensure the continued improvement of the program to better support
and protect temporary foreign workers.
Quick Facts
- To ensure the rights of temporary foreign workers are
protected, and to uphold their health and safety under the
Immigration and Refugee Protection Regulations (IRPR), the
TFW Program has an Employer Compliance Regime in place, which aims
to verify employers' adherence to program requirements and
conditions through compliance inspections, and to issue
Administrative Monetary Penalties (AMP) and bans if they are not
respected. Employers previously found to be non-compliant are also
subject to additional unannounced inspections.
- Three classifications of violations in the IRPR (A, B and C)
result in AMPs and bans from the TFW Program. These kinds of
violations include those that would put the life or safety of a
temporary foreign worker at risk; failing to pay appropriate wages;
failing to provide safe working conditions and appropriate
accommodations; and when temporary foreign workers are victims of
abuse.
- To help further protect the health and safety of temporary
foreign workers and prevent abuse, ESDC administers a confidential
tip line available 24 hours a day, 7 days a week, with live agents
offering services in over 200 languages, Monday to Friday from
6:30 AM to 8:00 PM Eastern time.
These agents can help workers and anyone else with anonymously
reporting situations of mistreatment or abuse. The tip line also
provides services to help inform workers of their rights. An online
reporting tool is also available where temporary foreign workers or
other concerned parties can report situations of suspected abuse or
program misuse.
Related Product
- Backgrounder: Temporary Foreign Worker Program – Compliance
Regime
Associated Links
- Government of Canada takes
action to improve employer compliance and better protect foreign
workers
- Government of Canada
strengthens protections for temporary foreign workers as new
regulations come into force
- Compliance information for employers hiring temporary foreign
workers
- How to report abuse of temporary foreign workers
- Open work permit for vulnerable foreign workers who are victims
of abuse
- Government of Canada to adjust
temporary measures under the Temporary Foreign Worker Program
Workforce Solutions Road Map
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Backgrounder
Temporary Foreign Worker
Program Compliance Regime
Ensuring the health and safety of temporary foreign workers is a
key priority of the Government of Canada. While working in our country,
temporary foreign workers have the same rights and protections as
Canadians and permanent residents under applicable federal,
provincial, and territorial employment standards and collective
agreements.
The vast majority of employers using the Temporary Foreign
Worker (TFW) Program respect workers' rights and comply with
program rules. To ensure continued employer compliance, the
Department of Employment and Social Development Canada (ESDC) is
working to strengthen the employer compliance regime by
implementing a series of measures aimed at improving the quality,
timeliness and reach of inspections.
To verify employers' compliance with program conditions, an
inspection may be launched and can include announced or unannounced
visits to the workplace, as well as interviews with employees,
supervisors and the employer. Employers are expected to demonstrate
that they comply with program requirements by providing information
and documentation throughout the inspection process.
If non-compliance is identified during an inspection, the
Department provides opportunities for employers to be brought into
compliance with program and regulatory conditions. The Department
continues to expand and enhance outreach activities to educate
employers on their obligations as users of the TFW Program.
To protect the health and safety of temporary foreign workers
and to prevent abuse, the TFW Program uses enhanced tools to help
workers and other parties anonymously report situations of
potential wrongdoing and/or misuse of the Program. This includes a
confidential tip line with live agents available in multiple
languages. An online reporting tool is also available where
temporary foreign workers or other concerned parties can report
situations of suspected abuse or program misuse.
ESDC reviews all allegations received and, in situations where
the health and safety of temporary foreign workers are at immediate
risk, appropriate action is taken within 48 hours.
From April 1, 2023, to
March 31, 2024, ESDC assessed 8,426
tips, 57% of which resulted in an inspection being launched,
informing an active inspection, or a referral being sent to an
external partner. Employers who are found to be non-compliant with
TFW Program conditions are listed on a public-facing website
managed by IRCC.
There are three classifications of violations in the
Immigration and Refugee Protection Regulations (A, B and
C) that can result in Administrative Monetary Penalties (AMP)
and bans from the TFW Program. These kinds of violations include
those that would put the life or safety of a temporary foreign
worker at risk; failing to pay appropriate wages; failing to
provide safe working conditions and appropriate accommodations; and
when temporary foreign workers are victims of abuse.
Last fiscal year, ESDC completed 2,122 inspections under the TFW
Program. Of the employers inspected, 94% were found to be
compliant. During this period, $2.1
million in Administrative Monetary Penalties (AMP) were
issued to non-compliant employers for violating program rules, and
a total of 12 employers were banned from the Program.
The Department jointly administers the TFW Program with
Immigration, Refugee and Citizenship Canada (IRCC) and Canada
Border Services Agency (CBSA). ESDC also relies on collaboration
with the provinces, territories, municipal partners, consulates and
migrant support organizations when required. Criminal enforcement
is referred to CBSA, Royal Canadian Mounted Police (RCMP) and local
police.
SOURCE Employment and Social Development Canada