The Government of Canada is intensifying its efforts to safeguard Temporary Foreign Workers (TFWs) by enhancing penalties for non-compliant employers under the Immigration and Refugee Protection Regulations (IRPR). With a 36% increase in Administrative Monetary Penalties (AMP) compared to the previous fiscal year, these measures are designed to ensure the health, safety, and rights of TFWs are robustly protected.
Employer Compliance Regime and Penalties
The TFW Program’s Employer Compliance Regime aims to verify adherence to program requirements through compliance inspections, issuing AMPs, and implementing bans when necessary. Non-compliant employers face:
- Three Classifications of Violations (A, B, and C): These include violations endangering the life or safety of TFWs, failure to pay appropriate wages, failure to provide safe working conditions, and instances of worker abuse.
- Increased Inspections: Employers previously found non-compliant are subject to additional unannounced inspections to ensure ongoing adherence to program standards.
Employment and Social Development Canada (ESDC) completed 2,122 inspections in the last fiscal year, finding 94% of employers compliant. During this period, $2.1 million in AMPs were issued, up from $1.54 million the prior year. Additionally, 12 employers were banned from the program, an increase from 7 bans the previous fiscal year. Non-compliant employers are listed publicly on a website managed by Immigration, Refugees and Citizenship Canada (IRCC).
Examples of Violations and Penalties:
- Food Service Industry: An employer was fined $152,000 and banned for two years for violations including improper worker pay and working conditions.
- Agriculture Sector: An employer faced a $46,000 penalty and a five-year ban for failing to provide proper documentation and inaccurate job descriptions on the LMIA application.
- Transport Sector: An employer was penalized $135,000 and banned for ten years for not providing an abuse-free environment and lacking necessary documentation.
Support and Reporting Mechanisms
To enhance protection and prevent abuse, ESDC operates a confidential tip line available 24/7, offering services in over 200 languages. Live agents are available Monday to Friday, 6:30 AM to 8:00 PM Eastern time, to help workers anonymously report mistreatment or abuse. An online reporting tool is also available for reporting suspected abuse or program misuse.
Government Investments and Initiatives:
The Government of Canada has invested $48 million over two years starting in 2023-2024 to improve the Employer Compliance Regime, including:
- Hiring More Inspectors: To ensure thorough and frequent inspections.
- Worker Protection Tip Line: Maintenance and operation to facilitate easy reporting of abuse.
- Outreach Sessions: Conducted with employer organizations and consulates to raise awareness of TFW rights and employer obligations.
- Enhanced Reporting Tools: User-friendly mechanisms to report potential misuse of the TFW Program.
- Escalation Process: Implementing a procedure to escalate concerns within 48 hours in situations where TFW health and safety are at immediate risk.
Ensuring the protection of Temporary Foreign Workers is critical to maintaining the integrity and success of Canada’s labor market. However, navigating the complexities of compliance and protection can be challenging for both workers and employers. Our firm specializes in immigration services, providing thorough preparation, advice, and representation for immigration applications. If you need assistance with ensuring compliance with the TFW Program or safeguarding workers’ rights, contact us today for expert guidance and support.
