#temporary foreign worker

Ilya is a generational talent. Ottawa could write in the LMIA that no Canadian hockey player available at the time was as good as him. And IRCC (Inmigration, Refugees and Citizenship Canada) would likely agree. The other best player in Ilya’s position is Shane. Who already has a contract with Montreal and thus isn’t available to Ottawa.

LMIAs with permanent residency (thus, leading to citizenship) are almost as rare as unicorns, but they do happen occasionally. My dentist is an American whose family moved to Vancouver during the first Trump administration. Her husband was a STEM professor at an Ivy League university, doing cutting edge research.

The University of British Columbia (UBC) argued in their LMIA for him that this American researcher was someone whose job simply couldn’t be filled by a Canadian. His job was simply too specialized. And it worked. the paperwork took a long time to come through, but she, her husband, and their kids were given permanent residency so he could take the UBC job. And I believe they are now citizens.

Whatever contract Ilya negotiated with Ottawa would’ve been contingent on him becoming a permanent resident, not just a temporary foreign worker with no path to citizenship. Ottawa would have lobbied IRCC like hell to get him PR.

Anyway, IRCC doesn’t advertise that you can get PR through an LMIA. There are far too many corrupt immigration consultants out there who convince desperate would-be immigrants out there to bribe them for it. And of course, the paperwork they get is fake. Because people don’t understand that getting an LMIA approved with PR is only for very exceptional cases. Usually an LMIA is only for a temporary foreign worker permit. And that has no path to citizenship.

But the real thing does happen from time to time. IRCC would approve permanent residency for a world-class hockey player willing to move to a thoroughly mediocre Canadian team. There would be paperwork and it would take a while, but they’d do it.

Explanatory note:

“The federal Liberal government ... is stepping up employer inspections and naming and shaming those caught breaking the rules. Since the start of the year, roughly 1,600 employers have been flagged as ‘high-risk’ and selected for inspections by Employment and Social Development Canada, with more than 1,340 on-site inspections launched and in various stages of completion. That’s more than seven times the number of on-site inspections conducted during the comparable period in 2016-17. It’s all part of the government’s effort to address oversight concerns with the temporary foreign worker program flagged last year by auditor general Michael Ferguson.”

“Employers often hired temporary foreign workers without first demonstrating they had exhausted all other options for finding local workers, and applications were frequently approved without being challenged, Ferguson found. He also found enforcement officers lacked access to sufficient data to ensure employers were being honest about local labour availability, and rarely conducted on-site inspections. Those inspections that did go ahead were ‘flawed,’ since employers always had prior warning, Ferguson concluded.”

“In addition to more on-site inspections, the department has streamlined its processes to allow integrity officers to more quickly take action against employers who are breaking the rules. Gone is a bureaucratic approval process that Ferguson described as ‘time-consuming, onerous and administratively insufficient.’ A list of penalized companies and employers has been posted online. Since August 2017, the number of sanctioned employers jumped to 62 from just one. Many have been barred from using the program for up to two years, while others have been hit with fines. Employers looking to hire foreign labour in low-wage occupations must also now demonstrate they have tried to recruit from two or more groups that face barriers to employment, such as Indigenous locals, vulnerable youth, persons with disabilities or newcomers. Ferguson’s audit zeroed in on two sectors: caregivers, and fish and seafood processing plants, where the investigation raised questions about whether a labour shortage existed at all.”

The Toronto Star, May 13, 2018: “Ottawa cracking down on employers who abuse temporary foreign workers program,” by Teresa Wright

work&labour news&research, April 3, 2018: “Unannounced Temporary Foreign Worker Inspections”

work&labour news&research, May 2, 2018: “Migrant Farm Workers Vulnerable to Sexual Violence”

CBC News, May 1, 2018: “Why the industry says temporary foreign workers are essential to seafood processing,” by Laura Meader

"Employment Minister Jason Kenney and Immigration Minister Chris Alexander have announced an overhaul of the Temporary Foreign Worker Program, effectively conceding there has been growing abuse of the program and a driving down of wages."

"'We will better prevent and detect abuse and penalize employers who abuse the program,' Kenney said. 'We will severely sanction those who break the rules. We'll better protect foreign workers and we'll also recognize that Canada benefits from international mobility.'"

"The revamped program will bar employers from hiring foreign workers in regions where unemployment is high, it will put a cap on the number of workers employers can hire, include a more stringent screening process for employers to prove they need to hire a foreign worker over a Canadian one, and increase the number of spot checks in the workplace and fines for those who break the rules."

"The Temporary Foreign Worker Program will now be divided into two programs: One — still called the TFWP — will require that employers prove the need to hire a non-Canadian worker. The other, to be called the International Mobility Program, won't."

CBC News, June 20, 2014: "Temporary foreign worker overhaul imposes limits, hikes inspections," by Susana Mas

CBC News, June 21, 2014: "Jason Kenney effectively phasing out temporary foreign workers in low-wage jobs," by Terry Milewski and Susana Mas

iNews880, June 22, 2014: "AFL gives thumbs up to TFW changes," Scott Johnston

The Calgary Herald, June 25, 2014: "Ewart: Alberta labour market may be too hot," by Stephen Ewart

The Globe and Mail, June 25, 2014: "Four changes to the TFW program that would help Canadian businesses," Matthew Mendelsohn and Ratna Omidvar

For more information on the overhaul: Employment and Social Development Canada -- Temporary Foreign Worker Program

But the announcement of the changes was not met without criticism.

"Liberal MP John McCallum said the changes deserve a grade of C+. NDP MP Pat Martin said that the good news is the fact the government acknowledges the program is broken. The bad news, he adds, is that 'they have done little to actually fix it.'"

"Activists advocating for the rights of temporary foreign workers (TFWs) also criticized the new policy changes announced on June 20. Chris Ramsaroop, organizer at the Toronto-based Justicia for Migrant Workers (J4MW) said these workers would continue to work 'without voice, without rights and without protections.'"

"'Genuine reforms would be permanent immigration status, anti-reprisal measures and equal access to social entitlements,' he said, adding that by not taking these steps, 'we are reinforcing a revolving door system where we are creating a permanent group of temporary workers that are denied rights that Canadians enjoy.'"

rabble.ca, June 23, 2014: "Changes to the Temporary Foreign Worker Program met with criticism," by Miriam Katawazi

British Columbia Federation of Labour: "Fundamental flaws of the TFW program remain unaddressed"

Ultimately, the program may be completely eliminated for low-wage jobs.

"The elimination of the Temporary Foreign Worker Program for low-wage jobs will be on the table in 2016, says Employment Minister Jason Kenney, who is not backing down in the face of business criticism that the Conservative government is already going too far."

"From the Canadian Meat Council to the Canadian Chamber of Commerce, business groups are speaking out against Ottawa’s latest plan to cap the number of low-wage foreign workers and impose higher fees."

Canada News

New rules: Government to unveil major reform to foreign worker program

The Harper government is set to announce reforms to the controversial temporary foreign worker program on Friday. A poll commissioned by Ottawa suggested Canadians would be in favour of creating an easier path for workers under the program to remain in the country and even obtain citizenship in order to retain their skills. Industry groups consulted by Employment Minister Jason Kenney and officials say they believe the key change will be to make it more difficult for firms to bring in workers for unskilled, low-paying jobs, such as in the food-service industry. As well, news reports have speculated the government might impose a wage floor for TFWs that is higher than the Canadian minimum wage.

...severely punish non-compliant employers and prevent distortions in certain regions or industries in the labour market.

Recent comment by Employment Minister Jason Kenney

"The federal government approved thousands of requests to bring in temporary foreign workers at minimum wage in recent years, a practice that undermines claims from government and employers that there are serious labour shortages and that all efforts have been taken to hire Canadians."

"The revelations in newly released data come as the Conservative government is weighing major policy reforms – including a new 'wage floor' – in response to criticism that employers are relying on the temporary foreign worker program as a way to avoid raising wages."

"Using Access to Information legislation, the Alberta Federation of Labour obtained extensive statistics about the program and provided its findings to The Globe and Mail."

"According to the documents, at least 15,006 minimum-wage positions were approved between March 31, 2010, and Feb. 10, 2014. (Only the numbers for Ontario go back as far as 2010, which means the actual totals for the period would likely be higher.)"

"Gil McGowan, the president of the Alberta Federation of Labour, said the numbers undermine Ottawa’s claims about serious labour shortages."

The Globe and Mail, May 26, 2014: "Ottawa approved thousands of foreign worker requests at minimum wage, data reveal," by Bill Curry

The Huffington Post, May 26, 2014: "Minimum-Wage TFW Jobs OK'd By Ottawa; Restaurant Ban To Be Lifted?"

The Globe and Mail, May 27, 2014: "Temporary foreign worker ban will hurt tourist trade, restaurateurs warn," by Bill Curry

Alberta Federation of Labour -- Temporary Foreign Workers [website]

Banff's Changing Labour Landscape

"While debate about the future of the foreign worker program, and an increase in immigrants more generally, continues to rage across Canada, a different kind of discussion is taking place [in Banff, Alberta]. In the cafes and tourist shops that line Banff Avenue, the conversation centres not on whether transitory new immigrants are stealing jobs from long-time Canadians, but how the community copes with their burgeoning numbers. It is a new marriage that comes with a sometimes painful period of cultural adaptation, both for established residents and newcomers adjusting to changes in everything from finances to education, weather to wild animals."

"Toronto restaurants, corporations big and small, law firms, strip joints, public institutions and charities -- they’re all on a new website that shows employers that have received permission from the government to hire temporary foreign workers."

"The website, NTFW.ca, launched a map of Toronto this week. Created by Vancouverite Rohana Rezel, it gives Torontonians the first easy way to look up employers and find out whether they’ve been approved to hire a temporary foreign worker."

Maps of Vancouver, Calgary, Edmonton, and Newfoundland are also available.

"Rezel plans to make NTWF.ca 'self-sustaining' by allowing companies to pay $20 to be on a list of 'Patriotic' employers who haven’t sought permission to hire TFWs..."

Metro News, May 16, 2014: "Website maps temporary foreign worker program approvals in Toronto," by Jessica Smith Cross

Minister of Employment and Social Development and Minister for Multiculturalism Jason Kenney, and Canada's Citizenship and Immigration Minister Chris Alexander, announced further changes today stemming from the ongoing review of the Temporary Foreign Worker Program.

The Government of Canada continues to reform the Temporary Foreign Worker Program to ensure that Canadians are always first in line for available jobs, while ensuring temporary foreign workers are protected.

For more information on the new regulations, visit: www.hrsdc.gc.ca/eng/jobs/foreign_workers/notices/reg_change.shtml

Quick facts

As announced in Canada’s Economic Action Plan 2013, the Government is introducing regulatory and administrative changes that will:

provide the Government with the authority to conduct inspections to make sure employers are meeting the conditions of the program; 

allow the Government to ban non-compliant employers from the program for two years and immediately add their names to a public “black list”; 

strengthen criteria for assessing Labour Market Opinion (LMO) and work permit applications; and 

provide the Government with the authority to revoke or suspend LMOs, or refuse to process LMO applications, and to revoke and refuse to process work permits, when necessary.

Quotes

“Our government’s number-one priority is creating jobs, economic growth and long-term prosperity. Canada has the best job creation record in the G7 with over 1 million net new jobs created since the depths of the global recession—90 percent full-time and almost 80 percent in high-wage industries. We are taking action to ensure that Canadians are always first in line for available jobs. “

- Jason Kenney, Minister of Employment and Social Development and Minister for Multiculturalism

“These changes are part of a larger reform of the program that demonstrates our government’s commitment to protect foreign workers from the risk of abuse and exploitation. One of the goals of the Temporary Foreign Worker Program is to deal with labour shortages on a temporary basis, and these reforms will help ensure that the program is used as intended.”

- Honourable Chris Alexander, Canada’s Citizenship and Immigration Minister

Related Products

Harper Government announces reforms to the Temporary Foreign Worker Program - Ensuring Canadians have first chance at available jobs (April 29, 2013)

Key points from the Christopher Worswick’s research paper include:

 “The policy changes to the Temporary Foreign Worker Program the federal government announced in mid-2013 make sense economically.

There are ongoing concerns that temporary foreign workers may take jobs from young Canadians entering the labour market and lower-skilled Canadians.

An annual cap on the number of temporary workers entering Canada should be implemented while additional reforms are considered.”

Institute for Research on Public Policy, October 17, 2013: “NEWS RELEASE: Temporary Foreign Workers Program needs annual cap, says economic assessment”