The Canadian government attaches great importance to the responsibility of protecting temporary foreign workers (TFWs). Ensuring the health and safety of these workers during their time in Canada is a key priority for the government and the federal government is taking concrete actions to better support them.
On September 26, Minister of Employment, Labor Development and Accessibility Carla Qualtrough and Minister of Immigration, Refugees and Citizens Sean Fraser announced that the new amendment to the Immigration and Refugee Protection Ordinance (Temporary Foreign Workers) has now come into effect. These 13 new regulations amendments include enhanced protections for temporary foreign workers and will strengthen the integrity of temporary foreign workers (TFW) projects and international mobility projects (IMPs) managed by the IRCC.
To better protect temporary foreign workers and help prevent them from being abused and abused during their stay in Canada, the new regulations will:
-mandate employers to inform all temporary foreign workers of their rights during their work in Canada;
-prohibit employers from retaliating against workers, such as against workers who stand up for complaints;
-prohibit employers from charging workers for recruitment fees and requiring employers to be responsible for the recruiters' behavior in this regard.
Furthermore, from now on, employers are required to provide reasonable health care services. Employers using Temporary Foreign Workers (TFW) programs are also required to provide private health insurance if necessary.
These regulations will prevent bad actors from participating in the project, will improve the ability to verify the project and impose appropriate consequences on participants who do not comply with the rules. If there is reason to suspect that the employer fails to comply with the new conditions, putting the health or safety of foreign workers at serious risks, the Canadian Department of Employment and Social Development (ESDC) may suspend processing of any new Labor Market Impact Assessment (LMIAs) for that employer.
Overall, these new regulations will ensure that the requirements and conditions of Temporary Foreign Workers (TFW) projects and International Mobility Projects (IMPs) are more transparent and clear. Employers will be more aware of their responsibilities and project rules, which will better protect workers and improve project compliance.
These measures complement other worker protection measures being implemented. For example, in July 2022, Minister Quarterro held the first roundtable for ministerial consultations at the TFW project. The focus of the meeting was on accommodation for foreign workers, the first of several meetings expected to be held in the next three years, aiming to directly seek input from industry stakeholders and discuss how the TFW program can be made stronger and more effective for workers, employers and communities in which they are located.
The Canadian Department of Employment and Social Development (ESDC) will also continue to improve the system of violation corrections for temporary foreign workers (TFWs), while implementing relevant improvement measures to better protect temporary foreign workers. Related measures include:
-strengthening inspection tools and mandatory training to improve the quality and timeliness of inspections;
-continue to utilize enhanced reporting hotline services, including real-time calls with officials, allowing workers to report any misuse or misuse of the project in a confidential manner;
-continue to increase employers' awareness of their own responsibilities to promote their compliance with the conditions of the TFW program;
-strengthen cooperation with consulates and provincial and local authorities to help federal departments recognize issues that need immediate attention and take action.
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