Recommendations for the Temporary Foreign Worker Program

On November 3, 2009, Canada’s Auditor General, Sheila Fraser, released her Fall Report containing the chapter Selecting Foreign Workers Under the Immigration Program which includes an examination of how the government manages the Temporary Foreign Worker Program.

In a recent three-part series investigating Canada’s program for bringing in temporary workers, the Toronto Star points out that the program “has been widely criticized for being poorly monitored and leaving low-skilled migrants vulnerable to abuse.”

In July 2009, Maytree released Naomi Alboim’s report Adjusting the Balance: Fixing Canada’s Economic Immigration Policies, proposing a new national vision for economic immigration. Among the 15 recommendations, Ms Alboim also listed three that dealt with the Temporary Foreign Worker Program.

Recommendation #1: Eliminate the Low Skill Pilot Project for temporary foreign workers.

Temporary foreign workers are vulnerable to exploitation and abuse at the low end. Unlike the Live-In Caregiver Program which has a built-in transition to permanent residence, and the Seasonal Agricultural Workers Program which is tightly controlled, the Low Skill Pilot Project runs the risk of becoming Canada’s version of the European Guest Workers’ program with all its difficulties. Therefore, the Low Skill Pilot Project for temporary foreign workers should be eliminated as soon as possible.

To increase the pool of workers to fill low-skilled jobs on an ongoing basis, employers should make these jobs more attractive to people already in Canada, whether immigrants or Canadian born. In addition, Citizenship and Immigration Canada should increase family class and refugee admissions to provide more labour force participants who, as permanent residents, have rights and access to services to prevent exploitation. Increasing points in the Federal Skilled Worker Program for demand occupations, the trades, and validated job offers will also broaden the pool of workers.

Recommendation #2: Monitor recruitment and working conditions of temporary foreign workers.

While workplace safety and employment standards come under provincial jurisdiction, temporary foreign workers are a federal responsibility. The federal government should therefore provide leadership and support to provinces to help them monitor and enforce the working conditions of temporary foreign workers (including live-in caregivers and seasonal agricultural workers) and to regulate recruitment agencies.

Recommendation #3: Strengthen the “labour market opinion” process.

Before recruiting temporary foreign workers, employers must generally obtain a positive labour market opinion from Human Resources and Skills Development Canada to ensure that the recruitment is warranted. A strong labour market opinion process is essential to protect unemployed and underemployed Canadians and permanent residents. It also ensures that temporary workers do not jump the queue of applicants for permanent residence. The labour market opinion process should be strengthened in the following ways:

  • Require employers to search the database of those already in Canada and those in the applicant inventory recommended above before being considered for approval of a highly skilled temporary worker.
  • Provide positive labour market opinions only after the employer’s recruitment practices, training, wages and working conditions have been reviewed and determined not to be a barrier to employing unemployed or underemployed people already in Canada.
  • Implement a monitoring system to follow up on employers who were issued positive labour market opinions to ensure the proper treatment of temporary workers and others in the workplace.

For the full Maytree report, click here.

Background on the Temporary Foreign Worker Program

Increase in temporary entrants

  • For the first time in its history, in 2007 and 2008 Canada welcomed more temporary than permanent residents.
  • Between 2005 and 2008 there was a 5.7% decline in permanent residents (from 262,241 in 2005 to 247,202 in 2008) and a 37.6% increase in temporary entrants (190,724 students and temporary workers entered Canada in 2005, and 272,520 entered in 2008).
  • The number of temporary foreign workers entering Canada has gone up 71.2% between 2004 and 2008 (from 112,719 in 2004 to 193,061 in 2008).
  • Temporary residents do not have access to the same supports and services as permanent residents.

Increase in low-skilled temporary workers

  • Most of the growth in the temporary worker program is the result of the Low Skill Pilot Project. This pilot allows for the expedited entry of temporary workers with little education or skills who are dependent on their recruiters and employers, are ineligible for services and therefore vulnerable to exploitation.
  • Low-skilled temporary workers cannot apply for permanent residence through the federal immigration system.
  • Experience in other countries has demonstrated that similar “temporary guest worker” programs have resulted in the creation of an undocumented underclass and its accompanying difficulties.

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