A recent report from the Standing Senate Committee on Social Affairs, Science, and Technology has recommended that Immigration, Refugees, and Citizenship Canada (IRCC) end restricted work permits. This recommendation could significantly change the Temporary Foreign Worker Program (TFWP).
THE TEMPORARY FOREIGN WORKER PROGRAM (TFWP)
The TFWP began in 1973 to help Canadian employers fill urgent job vacancies when neither Canadians nor permanent residents were available. Although it was meant to be a last resort, it has become essential for Canada’s labor market.
HOW THE TFWP WORKS
For many immigrants, the TFWP is a common way to gain work experience in Canada, which can help when applying for permanent residence through programs like the Canadian Experience Class and Express Entry. Employers must get a positive or neutral Labor Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC) to hire under the TFWP. This LMIA shows that hiring a foreign worker will not negatively impact Canada’s labor market.
CONDITIONS FOR LMIA
Before applying for an LMIA, employers must:
- Advertise the job for a specific period.
- Show proof that no Canadian or permanent resident is suitable or has applied for the job.
Once an employer has a valid LMIA, they can give it to a potential employee, who can then apply for a work visa with the IRCC. Employers must pay a set wage, provide housing and healthcare, and ensure a safe work environment for their employees.
CLOSED WORK PERMITS
The TFWP issues closed work permits, which tie workers to one employer. If the worker leaves their job, they lose their immigration status. Exceptions are made in cases of employer abuse.
Criticism and Proposed Improvements
Both employers and employees have voiced dissatisfaction with the TFWP. The employer-specific work permit creates barriers to workers’ rights and makes them vulnerable to abuse. Employers also face challenges, especially with seasonal workers, as they cannot adequately plan or train their workforce due to the transient nature of the labor force.
RECOMMENDATIONS FOR CHANGE
The Standing Senate Committee on Social Affairs, Science, and Technology has recommended phasing out employer-specific work permits within the next three years to reduce the vulnerability of temporary foreign workers. The Cooper Institute supports this and suggests granting permanent resident status to all migrant workers.
SECTOR or REGION-SPECIFIC WORK PERMITS
The report suggests exploring sector or region-specific work permits as an alternative. This would allow companies to share the administrative burden of providing housing, transportation, and healthcare.
IMPROVING COMMUNICATION
One major issue identified is poor communication between the departments handling the TFWP. Workers’ rights are not always communicated effectively, and some employers temporarily improve conditions to pass inspections. The lack of data structure also makes it hard to measure program outcomes.
CREATING A MIGRANT WORK COMMISSION
The report recommends creating a Migrant Work Commission to represent the rights of temporary foreign workers (TFWs) and act as a single point of contact for reports of abuse and maltreatment. The commission would organize yearly meetings and develop a research program to gather and share information about migrant workers’ experiences in Canada.
ADDITIONAL RECOMMENDATIONS
Other recommendations include improving pre-arrival information for TFWs, enhancing workplace inspections, and expanding the Provincial Nominee Program (PNP) to allow more migrant and temporary workers to become permanent residents.
GOVERNMENT RESPONSE
The government has 150 days from the date of the report to respond or explain why no response has been provided, as outlined by Senate legislation.
CONCLUSION
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