Government of Canada continues to take action to protect Temporary Foreign Workers, non-compliant employer penalties increased by 36%

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

For media enquiries, please contact: Mathis Denis, Press Secretary, Office of the Minister of Employment, Workforce Development and Official Languages, 343-573-1846, [email protected]; Media Relations Office, Employment and Social Development Canada, 819-994-5559, [email protected]