Star Editorial: Ottawa is changing its temporary foreign worker program. It’s not clear this will help workers

2023/08/21 Leave a comment

Related editorial on the Recognized Employer Pilot along with advocating for open work permits to reduce abuse:

In early 2020, many Canadians noticed the once lush produce sections of their grocery stores were increasingly barren.

What many Canadians didn’t notice is the reason for the absence of fresh fruits and vegetables: COVID-19 outbreaks among migrant farm workers across Canada, including in southern Ontario.

The outbreaks, and their effect on food supply, reveal the value and vulnerability of the migrant workers, many of whom are hired through Canada’s Temporary Foreign Worker Program.

The program, which is set to be altered this September, permits employers to hire foreign workers when no qualified Canadians are available. The initiative has proven wildly popular, and successful applications have increased exponentially in recent years. But so too have accusations of abuse, of workers enduring unsafe workplace and living conditions.

Temporary labourers frequently work long hours for low pay and limited benefits, and they often live in employer-supplied, cramped quarters replete with shared sleeping and washroom facilities — the very conditions that increase the risk of infectious disease outbreaks and other health threats.

Consequently, for the welfare of the workers Ottawa needs to ensure that changing the program doesn’t increase the abuse that has long plagued the regime.

For its part, the federal government insists the alteration, known as the Recognized Employer Pilot, will do the opposite. According to Employment Minister Randy Boissonnault, the pilot will reduce the administrative burden on employers who “demonstrate the highest level of protection for workers,” and allow them to receive permits lasting three years, rather than the current 18 months. The change will come first to employers in agriculture, then to all others starting in January.

Rewarding responsible employers could help to protect both workers and ease the paperwork, and Ottawa has also promised to conduct more rigorous assessments before permits are issued. But three years is a long time, long enough for workplace and living conditions to deteriorate dramatically.

Government inspectors do monitor employers’ compliance with regulations, but that oversight has itself been substandard. In response to the COVID outbreaks among farm workers, federal Auditor General Karen Hogan issued a scathing report accusing inspectors of failing to ensure employers followed regulations.

If the pilot program is to be successful, then, it must be accompanied by improved, vigilant monitoring of employers’ compliance with safety standards throughout the three-year period.

That won’t, however, eliminate the problem that makes abuse possible: The power imbalance between employers and workers. That is the product of two factors — employer-specific work permits, and the tenuous immigration status of workers.

Employer-specific permits require workers to remain with the employer who hired them, which means some must make the impossible choice of suffering abuse or unemployment.

Aware of this, Ottawa introduced the Vulnerable Worker Open Work Permit program, which can grant abused workers a permit that allows them to move to a different employer. But the worker must first complain, something many are loath to do for fear of deportation or reprisals for employers.

In any case, by limiting open permits to those who have faced abuse, the program essentially treats abuse as a kind of hazing, an initiation rite workers must endure if they’re to gain entry to the exclusive club of open permit holders.

In contrast, if Ottawa granted open permits to all temporary workers, it would help to empower them as they could choose their employers — and abusive employers would have trouble retaining talent unless they cleaned up their act.

As for immigration status, the Star reported that workers pay income tax and employment insurance and contribute to the Canada Pension Plan, yet most remain “guests” in the country.

Most workers therefore live under constant fear of deportation, some for decades, which eliminates what little leverage they have with employers. Opening up new pathways for permanent residence would, on the other hand, help to equalize the relationship between employers and workers.

And when workers’ welfare and Canada’s food system are on the line, an equal relationship is, quite literally, a matter of life and death.

Source: Ottawa is changing its temporary foreign worker program. It’s not clear this will help workers

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ICYMI: Canada plans new temporary foreign workers program to give ‘trusted’ employers quicker access

2023/08/21 Leave a comment

Of note, including the cautions by Rupa Banerjee and Syed Hussan:

The federal government is rolling out a “trusted employer program” that is meant to reduce red tape and make it easier for Canadian employers to bring in temporary foreign workers.

Officials say the Recognized Employer Pilot program will be open for applications as soon as September, first to employers in agriculture, then to all others starting in January.

It will provide employers that have “a history of complying with program requirements” with a permit to usher in foreign workers that’s good for three years, without the need to reapply within that period.

But experts and advocates are expressing some concerns over the level of scrutiny that will be in place to ensure workers are being treated well, as well as the economic conditions into which Canada will be bringing more temporary workers: a crisis of affordable housing, rising interest rates and high inflation.

The new measures come amid skyrocketing numbers of temporary foreign workers in Canada.

“There’s an overreliance on temporary workers at the detriment of Canadian workers, and in particular, newcomers,” said Toronto Metropolitan University professor Rupa Banerjee, Canada Research Chair of economic inclusion, employment and entrepreneurship.

“It also really shows how much the temporary foreign worker program is really about responding to employer demand. The employer lobby really is that strong.”

Currently, employers must undergo what’s known as labour market impact assessment (LMIA), every time they hire workers under the Temporary Foreign Worker Program to ensure there’s a need to fill the job. They must receive a positive assessment from Employment and Social Development Canada in order to hire the foreign workers.

The number of temporary foreign worker positions approved through an LMIA annually have skyrocketed from 89,416 in 2015 to 221,933 last year, according to federal data.

Those numbers don’t include the hundreds of thousands of international students and graduates who have open-work permits, and those who arrive from more than two dozen countries that have shared mobility agreements with Canada.

“The Recognized Employer Pilot will cut red tape for eligible employers, who demonstrate the highest level of protection for workers, and make it easier for them to access the labour they need to fill jobs that are essential to Canada’s economy and food security,” Employment Minister Randy Boissonnault said in a statement Tuesday.

Applications to the pilot program, which has a budget of $29.3 million over three years, will close next September.

To qualify, employers must have received a minimum of three positive LMIAs for the same occupation over the past five years from a list of occupations that have been designated as in-shortage.

Officials said employers will be subject to a more rigorous upfront assessment process than they currently undergo, based on their history and track record with the program, ensuring that it “targets employers with the best recruitment practices.”

Canada, like other countries, has been increasingly relying on foreign workers to address labour and skills shortages despite criticisms that the workers’ precarious immigration status has exposed them to abuse and exploitation by employers.

Foreign workers, especially those in low-skill, low-wage jobs, have reported owed wages and unpaid overtime, and complained about unsafe work conditions and a lack of employment standard enforcement.

“Things like that easily get swept under the radar. And an employer could easily remain on the trusted employer list while still engaging in, sort of, very mundane and regular forms of exploitation to workers,” Banerjee said.

“Without a lot of really careful oversight and auditing, it’s very easy to allow the kinds of abuses and exploitations that exist very routinely to go under the radar and get worse because it’ll be just easier to get more and more people in.”

Further facilitating the entry of migrant workers will create a more “flexible” labour force for employers but may further strain the tight housing market, access to health care and even the school system.

“Not only is it a concern of the workers themselves, but the level of scrutiny that needs to be put into place to ensure that this is a win-win, not just a win or lose,” said Banerjee.

“There’s a bigger story of, kind of, what does this mean for Canadian society and the ability to actually absorb these extra temporary foreign workers.”

Federal Agriculture and Agri-Food Minister Lawrence MacAulay said the new pilot will help secure Canada’s food supply chain.

“From Canada’s farm fields to our grocery stores, workers throughout the food supply chain provide an essential service,” he said. “It is vital that Canadian employers, including farmers and food processors, are able to hire workers who are critical to food production and food security in Canada.”

Syed Hussan, executive director of Migrant Workers Alliance for Change, said what will matter is how employers are scrutinized.

“It’s not possible to identify good employers based on complaints or inspections. Workers don’t complain because, when workers complain, they face deportation, eviction, homelessness, lack of work and other reprisals from employers,” said Hussan.

“Employers want quicker access to temporary foreign workers because temporary foreign workers have the least rights.”

Boissonnault said the government over the past few years has strengthened protection of migrant workers by preventing employers from charging recruitment fees, providing workers with information about their rights and launching a tip line for complaints.

“These are steps in the right direction in demonstrating that we take our responsibility seriously,” Boissonnault told reporters.

Source: Canada plans new temporary foreign workers program to give ‘trusted’ employers quicker access

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