Ottawa commits to better protecting temporary foreign workers

Federal Immigration Minister Marc Miller pledges to reform the Temporary Foreign Worker Program to prevent exploitation of migrants, but refuses to abolish closed work permits.

He made the announcement on November 7, as part of a meeting of the Standing Committee on Citizenship and Immigration, which was held following accusations by the United Nations special rapporteur according to which aspects of this program “constitute a breeding ground for forms of modern slavery”.

Mr. Miller said he was ready to relax the rules to make it easier for migrants who are experiencing difficulties to change jobs in Canada. Foreign agricultural workers could, for example, be authorized to take another job in the same region.

Of all sectors, the agricultural sector is the one where cases of abuse against migrants are the most numerous, said the minister. Since 2015, 310 farmers have been barred from hiring temporary foreign workers in Canada and 18 others are subject to temporary bans.

In September, following a 14-day visit to Canada, Tomoya Obokata, a United Nations expert on contemporary forms of slavery, said he was “deeply troubled by the stories of exploitation and abuse” which migrants told him about, particularly in Quebec. He urged Canada to end the closed work permit system and regularize the status of temporary workers.

The fact that these workers, who “play a vital role in the Canadian economy”, have difficulty accessing permanent residence is “discriminatory”, he judges.

“Employer-specific work permit schemes, including some temporary foreign worker programs, leave migrant workers vulnerable to contemporary forms of slavery because they cannot report abuse without fear of deportation,” a declared Mr. Obokata at the end of his mission.

Ottawa will keep permits closed

Before the members of the committee on November 7, Mr. Miller said he disagreed with the conclusions of the UN expert, whose final report is expected in August 2024. However, he admitted that his ministry must do more to improve the working conditions of these workers, whose number continues to increase in the country.

“It’s clear that it can’t stay like this,” he said.

The solution, however, will not be the elimination of closed licenses, which prevent employees from changing employers. “I don’t think we should completely eliminate this type of permit,” said the minister, recalling that employers invest large sums of money to bring temporary workers here and that they want to keep them.

“Many closed license holders take great pride in their work and work with exemplary employers,” he said.

There is already a program for workers who are experiencing difficulties with their employer. Immigration, Refugees and Citizenship Canada (IRCC) can grant an open work permit for vulnerable workers, for a maximum duration of 12 months. This permit is intended for workers who are mistreated, victims of violence or at risk of violence in the context of their employment in Canada.

Since the creation of this program in June 2019, 5,000 open permits have been granted to closed permit holders.

The Quebec government is also looking into closed permits. In September, he tasked the Labor Market Partners Commission with assessing the impact of the closed work permit on the labor market and on workers. The Quebec Minister of Immigration, Christine Fréchette, raised the possibility of modifying the closed work permit to make it a regional or sectoral permit.