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

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

Advocates rally in Toronto to call for permanent immigration status for migrant workers

Hard to know where their assertion that more than 1.6 million non-permanent residents comes from when 2016 Census shows 506,625, which largely match IRCC operational data.

And important to understand the differences between the various categories of temporary residents, with some (students and higher skilled) having reasonably pathways to permanent residency. Vulnerability issues moe with respect to agriculture workers and caregivers:

Dozens of people rallied in Toronto’s Yonge-Dundas Square on Sunday to demand permanent status for all migrant workers in Canada.

The rally, organized by the Migrant Workers Alliance for Change, comes days before the Sept. 23 throne speech, in which Prime Minister Justin Trudeau is expected to outline how the federal government will continue to help people and parts of the economy still affected by COVID-19.

The group said it wants federal COVID-19 recovery efforts to include full and permanent immigration status for all.

Similar rallies were expected to take place in Hamilton, St. Catharines, Sudbury, Montreal and St. John’s on Sunday.

Syed Hussan, executive director of the Migrant Workers Alliance for Change, told reporters that the pandemic has made it more difficult for migrant workers in Canada and they do not enjoy essential rights.

“We believe that a fair society is one with equal rights. And equal rights is only possible if all of us have full and permanent immigration status,” Hussan said.

“We don’t want a society in which some people are treated like second class citizens.”

According to the group:

  • At least 1 in 23 people in Canada, or more than 1.6 million people are non-permanent residents.
  • Migrants are in Canada on various study, work or humanitarian permits, or without documentation at all.
  • Many migrants are excluded from universal healthcare, access to emergency income supports and decent work. Many are separated from their families.
  • Hundreds of thousands of migrant workers, refugees, students and undocumented people have lost their lives and livelihoods during the pandemic.
  • Migrants are unable to fully protect themselves during the pandemic because of lack of emergency support, and because speaking out about unsafe work and housing conditions can result in deportation, homelessness, or not being able to return.
  • The federal government announced a “pathway to permanent residency for some asylum claimants working in the health-care sector during the COVID-19 pandemic” on Aug. 14.

“COVID-19 does not differentiate between people, and neither should the government response,” the group says.

Source: Advocates rally in Toronto to call for permanent immigration status for migrant workers

Advocate warns new agri-food pilot is inaccessible for many critical migrant workers

I would reserve judgement until we see how the program works or doesn’t work in practice. As a pilot, it allows the government to test the approach and adjust as necessary, as it did with The Atlantic Immigration Pilot (now no longer a pilot)”

The federal government’s new agri-food pilot program gives too much power to employers and won’t be accessible for labourers hoping to gain permanent residence status, migrants workers’ advocates say.

Applications for the long-awaited pilot opened on Friday, after being delayed for some months amid the COVID-19 pandemic. Syed Hussan, the executive director of the Migrant Workers Alliance for Change, said the pilot is a “slap in the face” to migrant workers who have been deemed essential during the coronavirus shutdowns, and now can’t access a pathway to citizenship due to the program’s stringent requirements.

“By and large, it’s not a program that’s designed to work for the people,” Hussan said in an interview with iPolitics. “It’s an employer-driven program that the vast majority of workers won’t be able to access.”

The three-year pilot was presented by Immigration, Refugees and Citizenship Canada as a way to help employers in meat processing, mushroom and greenhouse production, as well as livestock-raising, by providing a pathway to permanent residence for temporary foreign workers who are already in Canada. The department said a total of 2,750 applications will be accepted annually throughout the pilot.

But Hussan pointed to the education and language testing requirements for the program, which he believes that migrant workers won’t be able to access.

The program requires applicants to have either a Canadian high school diploma or an educational credential assessment report, from a designated organization or professional body, that shows they’ve completed a foreign credential at the secondary school level or above. The workers must also meet minimum language requirements: a level four in the Canadian Language Benchmarks of reading, writing, speaking, and listening. The test must be considered approved, and no older than two years.

Keith Currie, vice-president of the Canadian Federation of Agriculture, acknowledged the language and education requirements may need to be adjusted as the pilot is studied. Unlike the Temporary Foreign Workers program, which is another avenue for migrant workers to access employment in Canada, he noted that the pilot requires the same language and education testing necessary for those seeking full citizenship.

“We just want to make sure that things, rules aren’t too stringent to make it viable for workers to stay,” he said.

Applicants also must prove they have enough money to settle in Canada, eligible work experience, a minimum of 1,560 hours of non-seasonal, full-time work in the past three years, and a job offer letter.

Hussan told iPolitics that many migrant workers come in and out of Canada, and therefore may not be able to meet the hours requirement, which are to be counter over a total period of at least 12 months. As well, he said the job offer requirement will exacerbate employers’ power, claiming that the measure hasn’t been used in federal immigration programs before. Such criteria exists in some provincial regulations though, he said, adding that they’ve proven problematic in some instances.

“We’ve seen multiple examples of employers use these job offers to stop workers from speaking out,” he said.

Currie said he hadn’t heard any complaints about the requirement to have a job offer letter, and said it made sense that the federal government would want to ensure applicants had employment waiting for them. Agriculture producers, he said, were welcoming the program and had advocated for its introduction. Many seasonal workers returned year after year, he said, or sent their children or grandchildren.

“They’re beginning to almost be like family to some of these operations,” he said.

Currie also said the program will help shore up the agriculture sector’s labour needs, where tens of thousands of labour jobs go unfulfilled each year.

In June, the Senate committee on agriculture and forestry released a report forecasting a worsening of farmers’ difficulties with finding workers.  The report referenced testimony from the Canadian Agricultural Human Resource Council in saying the country’s agriculture sector was short 59,000 workers in 2019 — a figure that could reach 114,000 by 2025.

Minister of Immigration, Refugees and Citizenship Marco Mendicino said in a release that the pilot aimed to attract applicants who could establish themselves in Canada, while supporting the labour needs of farmers and processors.

“It’s very important that we support our farmers and food processors to make sure they have the workers they need to help strengthen Canada’s food security,” he said.

But Hussan stressed that migrants who make up a critical part of Canada’s agricultural workforce should be valued for the contribution they made to the sector — and claimed the government had skipped over migrant advocates’ organizations in their consultations and assessments within the agricultural realm.

“Canada clearly needs these workers,” Hussan said. “The program should be designed with them in mind.”

Source: Advocate warns new agri-food pilot is inaccessible for many critical migrant workers