IMPROVING INTEGRITY OF TEMP.FOREIGN WORKER PROGRAM

Canada’s Temporary Foreign Worker (TFW) program is designed as an extraordinary measure to be used when a qualified Canadian is not able to fill a job vacancy.

TFW Program cannot be used to circumvent hiring talented workers in Canada, and the federal government will take further action to weed out misuse and fraud within the system.

Minister has outlined the following actions that are being implemented to reduce the use of temporary foreign workers in Canada:

• Enforcing consistent application of the 20 per cent cap policy for temporary foreign workers. This includes the policy for the “dual intent sub-stream”, which applies to temporary foreign workers who intend to apply for permanent residency. Employers using this stream will be subject to more stringent guidelines;
• Applying a stricter and more rigorous oversight in high-risk areas when processing Labour Market Impact Assessments (LMIAs) and when conducting inspections;  
• Considering LMIA fee increases to pay for additional integrity and processing activities; and,
• Looking to implement future regulatory changes regarding employer eligibility (factors such as a minimum number of years of business operations or history of lay-offs by the employer).

Proposal are being considered to implement refusal to process under the low wage stream. If implemented, this would prevent employers in certain areas and industries from using the TFW Program.

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.

Quick Facts:

Employers found non-compliant with the TFW Program conditions could face significant penalties that could range from warning letters to Administrative Monetary Penalties (AMPs) of $500 to $100,000 per violation up to a $1 million each year. They could also face time limited (i.e.1–10 years) or permanent bans for more serious violations. A continually updated list of non-compliant employers is available on a public-facing website managed by Immigration, Refugees and Citizenship Canada. 

Individuals can report suspicious activities through Service Canada’s tipline and dedicated pages on IRCC and GAC websites.

ESDC administers a confidential tipline available 24 hours a day, 7 days a week, with live agents offering services in over 200 languages, Monday to Friday from 6:30 a.m. to 8:00 p.m. Eastern time. These agents can help workers and anyone else with anonymously reporting situations of mistreatment or abuse. 

The tipline 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 program misuse or abuse. 

Source: Employment and Social Development Canada