Quebec brought in more people with closed work permits than permanent residents last year. The majority of them arrived without their position first being posted to local workers. It is therefore an exceptional measure which has become the norm, unions deplore.
“The program is totally distorted. It was replaced by a fast track for employers, a highway for precariousness,” says Dominic Lemieux, Quebec director of the Steelworkers union. He worries that employers will no longer have “any pressure” to provide competitive working conditions if they can turn to temporary workers “without having to do anything to find local people”.
In 2023, 63% of temporary worker files were able to go through “simplified processing”, outside of agriculture, according to data obtained by The duty as part of a request for access to information. This measure requested by Quebec means that employers are not obliged to post the job beforehand and therefore demonstrate that they have sought to recruit someone locally.
In principle, the Temporary Foreign Worker Program (TFWP) allows employers to hire elsewhere “when no Canadian or permanent resident is available”, however it is explained in the first line of the federal information sheet.
Hiring workers abroad, even with simplified treatment, “is an obstacle course,” retorts Véronique Proulx, president and CEO of Manufacturiers et exportateurs du Québec (MEQ). “The first choice is to recruit locally”, because it is “excessively complex and time-consuming” to go through all the steps to receive temporary workers.
Mechanical
So-called “closed” permits are linked to a single employer. Many find them too restrictive, even controversial, because they can make temporary foreign workers “vulnerable,” as a United Nations special rapporteur pointed out last fall. Two class actions against the federal government to abolish them are also awaiting authorization by the courts.
58,885 closed permits were granted in 2023 with the approval of Quebec, according to data from Immigration, Refugees and Citizenship Canada (IRCC). During that same year, 52,790 people became permanent residents in the province.
Since 2021, the CAQ government has made numerous representations to Ottawa to make the program more flexible. Result: the list of professions eligible for simplified treatment has grown from a few dozen to more than 300 today.
The feds warn online that employers “should make their best efforts to recruit Canadian citizens,” but they no longer have to provide proof that they have done so.
This change is “major”, according to Mr. Lemieux of the Steelworkers. He spoke to our pages in January, but the figures obtained confirm, according to him, the “diversion” of the program.
The Quebec Employers Council speaks of a form of “bypass”, since permanent immigration is blocked.
To be included in the list of trades and professions eligible for simplified processing, “the labor deficit must be truly confirmed,” indicates Denis Hamel, vice-president of workforce development policies at the Council. . Posting is an “administrative barrier” in areas where “it is obvious that people will not rush” to hire.
The list is prepared by the Commission of Labor Market Partners (CPMT) using a diagnosis developed from studies, explains Mr. Hamel. If the number of closed permits increases, “it’s a reflection of the labor market,” he says.
“Yes, we need immigration, we agree on that. But we must provide guidance and also offer them the opportunity to become full-fledged citizens. […] The shortage is not temporary,” says Dominic Lemieux.
The union leader fears that “the abundance of cheap labor “, ultimately, “pushes working conditions downward”. Casualization also affects health and safety at work, he adds. “It’s much more difficult to assert your right to refuse to work if you’re afraid of having a stamp put in your forehead and returning to your country. »
Historical break
There is in fact a “risk of distortion” of working conditions if they are no longer evaluated in a sector or region, according to Dalia Gesualdi-Fecteau, professor at the School of Industrial Relations at the University of Montreal.
“If we look in the rearview mirror, we see that immigration policy in Canada has historically been an employment policy,” explains this labor law specialist. From the beginning of the 20th centurye century, railway companies identified candidates for immigration abroad. After the Second World War, the Canadian authorities put in place a system based on the existence of an employment contract, and the employer must formally demonstrate that there is a shortage.
“But the big difference is that at the time [cette politique] led to permanent resettlement”, and not to a temporary permit as now. “It’s a paradigm shift,” she said. Today, we are really somewhere else. The job market still has needs that we will seek to fill, but largely by people who have a much more limited possibility of staying here, especially when we are in so-called low-wage jobs. »
“Difficult” discussions
At the request of the Minister of Immigration, Christine Fréchette, a CPMT working group is currently looking into closed work permits. Last September, the government said it was “challenged by the situations of abuse reported”.
Behind the scenes, several sources speak of tough discussions between members of the unions and those of employers’ organizations. The meetings are held behind closed doors, but several parties have already stated their positions. The four union centers called for the abolition of closed permits last September. “Yes, we can name our favorable prejudice for open permits,” says Luc Vachon, president of the Centrale des syndicatsdemocratiques (CSD). “We must be able together to say that the level of vulnerability of temporary workers is neither desirable nor adequate. We can then think about reducing this level,” he says.
The Quebec Employers’ Council “is opposed to the principle of opening permits in all directions”, indicates Denis Hamel, fearing a “destabilization” of the labor market.
It costs $12,000 to $15,000 to recruit abroad, says Véronique Proulx of MEQ. “The program is essential to ensure the sustainability and growth of businesses. It works very well, but that doesn’t mean that there aren’t things to improve,” she summarizes. So, if needs change, permits should not remain fixed in a single position for a single salary, she gives as an example.