Senate proposes a change in archaic Canada’s temporary foreign worker program to allow them to change employers within their industry

The federal government must modernize its archaic temporary foreign worker program by allowing migrant workers to change employers within their industry and overhauling the complicated enforcement system, says a Senate report.

 

To better support both workers and employers, a Migrant Work Commission should be established to oversee the program, advocate for migrant workers in Canada and serve as a single point of contact for reports of abuse and mistreatment as part of its mandate, says the study released on Tuesday.

 

“With so many cooks in the kitchen, it is only logical to have a head chef,” Ontario Sen. Ratna Omidvar, chair of the Senate social affairs, science and technology committee, told a news conference.

 

“This commission would serve as a one-stop shop for migrants who need help in asserting their rights and for employers seeking support in navigating the labyrinth of red tape, and even for government departments seeking to make their operations more efficient.”

 

The recommendations, however, have received a cold reception by advocates, who criticized the Senate for failing to address the structural issues of the temporary worker program.

 

“The fundamental power imbalance is the temporary migration system itself,” said Syed Hussan of Migrant Workers Alliance for Change. “So long we have a system of temporariness, there’s going to be inequality, injustice, abuse and exploitation.”

 

The Senate launched the study in late 2022 into Canada’s temporary foreign work program, which was introduced in 1973 as a stopgap measure to address the country’s labour shortages but has since grown to be an indispensable part of the Canadian labour market.

 

The program is all but temporary; employers have become addicted to hiring migrant workers to fill permanent jobs, prompting Immigration Minister Marc Miller to recently announce a plan to clamp down on the number of foreign workers in Canada.

 

The Senate held hearings and conducted fact-finding missions to New Brunswick and Prince Edward Island to identify issues common to workers and employers with the existing program and investigate possible improvements. The study came out just as Ottawa is looking to roll out a new temporary foreign worker regime starting next year that would add protections for workers and simplify the current program.

 

“The Temporary Foreign Worker Program is not working well for employers or workers,” said the 152-page report, titled “Act Now: Solutions for temporary and migrant labour in Canada.”

 

“The intersection of immigration and migrant labour needs has created a confusing web of programs, streams and pathways to temporary and permanent work and residence, each with different eligibility requirements (and) application processes.”

 

One issue identified in the report is the employer-specific work permit. That permit creates barriers for migrant workers to access rights and protections and makes them vulnerable to abuse because their status in Canada is contingent on staying with the same employer and they could face removal if they dare to complain.

 

The restrictive permits also limit employers’ ability to move workers where needed or recognize good work and long service through promotions, the report noted.

 

Due to the multiple federal, provincial and municipal jurisdictions, neither workers nor employers know who to turn to for information or support. In addition, said the report, employers are also frustrated by duplicative inspections that are not co-ordinated between governments or departments.

 

“One witness even likened the situation to that of indentured servants in the past,” said committee member Gigi Osler, a senator from Manitoba. “We heard that (workplace) inspections are often announced to employers in advance, which gives unscrupulous employers an opportunity to prepare.”

 

The report urges Ottawa to phase out employer-specific work permits within three years while exploring the possibility of issuing work permits that allow migrant workers to change employers in the same industry and/or the same region.

 

“The market has changed and the needs in the regions and the sectors have changed, so the immigration strategies for temporary foreign workers are no longer working,” said Osler. “The federal government through this commission would better be able to take into account the realities and the real needs in the regions.”

 

Chris Ramsaroop of Justicia for Migrant Workers said his advocacy group has worked on campaigns to improve access to EI and workplace safety benefits, and all their struggles relate to the power imbalance for workers as a result of their temporary status in Canada.

 

”These type of issues will remain and persist as long as the fundamental structure of the program will remain and it continues to be an employers-driven program,” said Ramsaroop. “The truth is this will perpetuate a system of racialized workers excluded from our society. We should be talking about permanent status for workers.”

 

While allowing migrant workers to change employers within the same sector may be a great idea on paper, both Ramsaroop and Hussan said it makes little difference because workers who complain get blacklisted as troublemakers and often have a hard time getting another job in the same sector.

 

The report said the proposed commission should be made up of two commissioners — one for migrant workers and one for employers — as well as representation from Employment and Social Development Canada and Immigration, Refugees and Citizenship Canada, as the national body that monitors, evaluates and co-ordinates the foreign worker program.

 

Both the federal immigration and employment ministers have 120 days to respond to the report recommendations.

 

 

 

 

This article was first reported by The Star