OTTAWA, April 24, 2014 Our Government has been clear: Canadians must have the first chance at available jobs. We have repeatedly warned employers that the Temporary Foreign Worker Program must only be used as a last and limited resort when Canadians are not available.
In recent weeks, Employment and Social Development Canada (ESDC) has been made aware of some serious allegations of abuse of the Temporary Foreign Worker Program. In response, I directed officials to investigate these matters urgently to determine the facts, Labour Market Opinions were suspended, and employers in question were placed on a public blacklist.
Despite these actions, there remain serious concerns regarding the use of the Temporary Foreign Worker Program in the Food Services Sector.
As a result, I am announcing an immediate moratorium on the Food Services Sector's access to the Temporary Foreign Worker Program. Accordingly, ESDC will not process any new or pending LMO applications related to the Food Services Sector. In addition, any unfilled positions tied to a previously approved LMO will be suspended. This moratorium will remain in effect until the completion of the on-going review of the Temporary Foreign Worker Program.
Abuse of the Temporary Foreign Worker Program will not be tolerated. Allegations of misuse will continue to be investigated and any employer found to have violated the rules will face serious consequences. Those employers who are found to have lied about their efforts to hire Canadians could face potential criminal prosecution with sanctions that include fines and jail time.
Our government will continue to pursue significant reforms to the Temporary Foreign Worker Program to ensure that employers make greater efforts to recruit and train Canadians and that it is only used as a last and limited resort when Canadians are not available.
Effect of Moratorium
Pursuant to the Minister's authority under Subsection 30(1.43) of the Immigration and Refugee Protection Act, Minister Kenney has issued Ministerial Instructions directing Service Canada to not process any new or pending LMO applications related to the Food Services Sector. In addition, any unfilled positions tied to a previously approved LMO will be suspended. This moratorium applies to occupational categories within the Food Services Sector.
Seasonal Agricultural Worker Program
This moratorium in no way affects the Seasonal Agricultural Worker Program as there are proven acute labour shortages in this industry and the unfilled jobs are short term by definition.
Previous Reforms to the Temporary Foreign Worker Program
The Government of Canada has made reforms to the Temporary Foreign Worker Program to ensure that Canadians are first in line for available jobs and to ensure that employers do not take advantage of foreign workers.
- The authority to conduct on-site inspections to make sure employers are meeting the conditions of the program;
- Introducing legislative authority to impose significant financial penalties for employers who break the rules;
- The ability to ban non-compliant employers from the program for two years and immediately add their names to a public "black list";
- Requiring employers who legitimately rely on TFWs, due to a lack of qualified Canadian applicants, have a plan to transition to a Canadian workforce over time;
- Requiring employers pay TFWs at or above the prevailing regional wage rate as established by Service Canada;
- Adding questions to employer LMO applications to ensure that the TFWP is not used to facilitate the outsourcing of Canadian jobs;
- Introducing fees for employers for LMO processing and increasing the fees for work permits, so that hard-working taxpayers are no longer subsidizing these costs;
- Making English and French the only languages that can be used as a job requirement when hiring through the TFW process; and,
- Suspending the Accelerated Labour Market Opinion process.
SOURCE: Employment and Social Development Canada
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