Strengthening Canada’s Temporary Foreign Worker Program: A Commitment to Worker Safety and Employer Compliance

The Government of Canada is dedicated to ensuring the health and safety of temporary foreign workers (TFWs) while they are employed in the country. Under the Temporary Foreign Worker Program (TFWP), these workers enjoy the same rights and protections as Canadian citizens and permanent residents according to federal, provincial, and territorial employment standards and collective agreements.

Ensuring Compliance and Protecting Workers

The vast majority of employers participating in the TFWP respect workers’ rights and adhere to program rules. To maintain and enhance this compliance, Employment and Social Development Canada (ESDC) has implemented several measures aimed at improving the quality, timeliness, and scope of inspections. These measures include both announced and unannounced workplace visits, as well as interviews with employees, supervisors, and employers.

Employers must demonstrate compliance by providing necessary information and documentation during inspections. If non-compliance is identified, ESDC offers opportunities for employers to rectify issues and align with program requirements. Additionally, ESDC continues to enhance outreach activities to educate employers about their obligations under the TFWP.

Reporting Abuse and Ensuring Accountability

To safeguard TFWs from abuse and ensure their safety, the TFWP has introduced enhanced reporting tools. Workers and concerned parties can anonymously report potential wrongdoing or misuse of the program through a confidential tip line, which offers live agents in multiple languages, and an online reporting tool. ESDC reviews all allegations and takes appropriate action within 48 hours if the health and safety of workers are at immediate risk.

From April 1, 2023, to March 31, 2024, ESDC assessed 8,426 tips, with 57% leading to inspections or referrals to external partners. Non-compliant employers are publicly listed on a website managed by Immigration, Refugees and Citizenship Canada (IRCC).

Reasons for Non-Compliance

Employers can be found non-compliant for various reasons, including:

• Failure to prove the accuracy of job descriptions and employment conditions for six years.
• Not maintaining necessary documentation for six years.
• Financial inability to pay agreed wages.
• Failure to attend inspections or provide requested documents.
• Violations of federal, provincial, or territorial laws related to employment.
• Providing inadequate working conditions or wages different from those stated in the employment offer.
• Insufficient efforts to hire or train Canadian citizens or permanent residents.

Other violations include not ensuring a workplace free from abuse, failing to comply with public health regulations, and not providing appropriate accommodations, particularly during COVID-19 quarantine periods.

Consequences of Non-Compliance

Violations under the Immigration and Refugee Protection Regulations (IRPR) can result in Administrative Monetary Penalties (AMPs) and bans from the TFWP. These violations include endangering the life or safety of a TFW, failing to pay appropriate wages, and providing unsafe working conditions.

In the last fiscal year, ESDC completed 2,122 inspections, with 94% of employers found compliant. Non-compliant employers faced $2.1 million in AMPs, and 12 employers were banned from the program.

Collaborative Efforts and Future Investments

The TFWP is jointly administered by ESDC, IRCC, and the Canada Border Services Agency (CBSA), with support from provinces, territories, municipal partners, consulates, and migrant support organizations. Criminal enforcement is referred to the CBSA, Royal Canadian Mounted Police (RCMP), and local police.

To further enhance the compliance regime, the government has allocated $48 million over two years. This funding supports the hiring of more inspectors, maintains a worker protection tip line, and enhances outreach to employers and consulates. Rapid response mechanisms for urgent worker safety issues are also being implemented.

Canada’s strengthened TFWP compliance regime reflects the government’s commitment to protecting the rights and safety of temporary foreign workers. Through rigorous inspections, educational outreach, and collaborative efforts with various stakeholders, the TFWP aims to ensure a fair and safe working environment for all temporary foreign workers in the country.