Minister Boissonnault announces new measures to address fraud in Canada's Temporary Foreign Worker Program

GATINEAU, QC, Aug. 6, 2024 /CNW/ - Canada's Temporary Foreign Worker (TFW) program is designed as an extraordinary measure to be used when a qualified Canadian is not able to fill a job vacancy. When an employer hires a temporary foreign worker, they are required to provide a healthy and safe workplace, and to treat employees with dignity and respect.

Today, the Honourable Randy Boissonnault, Minister of Employment, Workforce Development and Official Languages, convened representatives from Canada's largest business associations with one clear message: the TFW Program cannot be used to circumvent hiring talented workers in Canada, and the federal government will take further action to weed out misuse and fraud within the system.

During today's meeting, Minister Boissonnault outlined the following actions that are being implemented to reduce the use of temporary foreign workers in Canada:

• Enforcing consistent application of the 20 per cent cap policy for temporary foreign workers. This includes the policy for the "dual intent sub-stream", which applies to temporary foreign workers who intend to apply for permanent residency. Employers using this stream will be subject to more stringent guidelines;
• Applying a stricter and more rigorous oversight in high-risk areas when processing Labour Market Impact Assessments (LMIAs) and when conducting inspections;  
• Considering LMIA fee increases to pay for additional integrity and processing activities; and,
• Looking to implement future regulatory changes regarding employer eligibility (factors such as a minimum number of years of business operations or history of lay-offs by the employer).

Minister Boissonnault also informed business associations that he is considering implementing refusal to process under the low wage stream. If implemented, this would prevent employers in certain areas and industries from using the TFW Program. Additionally, the Government is working on modernizing the TFW Program with a new foreign labour stream for Agriculture and Fish & Seafood Processing, as announced in Budget 2022.

The actions highlighted today are in addition to previous changes to this program that have directly resulted in an improvement in the quality, timeliness, and reach of employer inspections conducted, and a 36 per cent increase in fines issued in 2023–2024, compared to the previous fiscal year.

While the majority of employers use the program for its intended purpose, more work is required to protect the Canadian labour market and hold bad actors accountable. The Minister will closely monitor employer demand for the TFW Program, as well as the employment rate, and is willing to take further tightening measures where required. Today's meeting is indicative of the Government of Canada's intent to strengthen its engagement with employers to ensure they have a clear understanding of their obligations under the program.

Quote

"I've been clear over the last year; abuse and misuse of the TFW program must end. The health and safety of temporary foreign workers in Canada is a responsibility I take very seriously. Bad actors are taking advantage of people and compromising the program for legitimate businesses. We are putting more reforms in place to stop misuse and fraud from entering the Temporary Foreign Worker Program."
– Minister of Employment, Workforce Development and Official Languages, Randy Boissonnault

Quick Facts

• The TFW Program is designed to be responsive to changes in the labour market. Post-pandemic labour market needs were high, and a number of changes were introduced to help employers meet urgent employment needs. With the labour market returning to a more balanced state, the TFW Program is being readjusted to ensure that only employers with demonstrable labour market needs have access to the Program. This protects Canada's economy and Canadian workers, as well as temporary foreign workers.
• Employers found non-compliant with the TFW Program conditions could face significant penalties that could range from warning letters to Administrative Monetary Penalties (AMPs) of $500 to $100,000 per violation up to a $1 million each year. They could also face time limited (i.e.1–10 years) or permanent bans for more serious violations. A continually updated list of non-compliant employers is available on a public-facing website managed by Immigration, Refugees and Citizenship Canada.
• The Government collaborates with the United Nations' International Organization for Migration and participates in the Global Policy Network. To help promote public awareness, IRCC recently introduced fraud awareness campaigns, such as "Know the rules before you apply to travel to Canada from India - Canada.ca" and "Don't become a victim of fraud (international.gc.ca)". Individuals can report suspicious activities through Service Canada's tipline and dedicated pages on IRCC and GAC websites.
• ESDC administers a confidential tipline available 24 hours a day, 7 days a week, with live agents offering services in over 200 languages, Monday to Friday from 6:30 a.m. to 8:00 p.m. Eastern time. These agents can help workers and anyone else with anonymously reporting situations of mistreatment or abuse. The tipline 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 program misuse or abuse.

Associated Links

• Government of Canada continues to take action to protect Temporary Foreign Workers, non-compliant employer penalties increased by 36%
• Government of Canada takes action to improve employer compliance and better protect foreign workers
• Backgrounder: Temporary Foreign Worker Program – Compliance Regime
• Government of Canada strengthens protections for temporary foreign workers as new regulations come into force
• Government of Canada to adjust temporary measures under the Temporary Foreign Worker Program Workforce Solutions Road Map
• Employer compliance - Canada.ca
• Temporary residents: Dual intent - Canada.ca

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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]