Quebec will put the accommodation of foreign workers on an equal footing with that of others, which was not the case until now. Bunk beds would be prohibited in particular, and a maximum number of occupants per room would be defined, according to two sources close to the matter.
The minimum standards currently applied are those of the federal government and they are notably lower than what is provided for by a regulation in Quebec for other types of camps (industrial, mining or forestry for example).
Until now, the province did not include temporary foreign workers in the application of this regulation, relying on the minimums established by Employment and Social Development Canada (ESDC): 1 toilet and 1 shower for 10 occupants, 1 sink for 7 workers, 1 stove and 1 refrigerator for 6 workers, 45 centimeters between beds, dormitories without occupancy limit. Agricultural migrants obtain longer and longer contracts, and some live year-round in these accommodations.
The draft new regulation will include these temporary immigrants and must be submitted for approval before the end of the year, confirmed to Duty the Commission for Standards, Equity, Health and Safety at Work (CNESST). The “work remains confidential” before publication in the Gazette officielle du Québec, we were also told. It is an “advisory committee made up of employer and union representatives” which is looking into the fine details of this new regulation.
If adopted as currently proposed, the regulation would end the use of bunk beds, or “two-decker” beds, according to two people participating in these discussions, who requested anonymity because they are not authorized to speak publicly.
These beds have been banned by Quebec for 40 years in other types of facilities provided by employers, for example by mining companies in the north of the province.
Agricultural producers have said they are open in recent years to modifying housing, but not without asking for financial support and time to adapt.
The number of people per room is still under discussion, but it would be between two and four workers according to our sources. As for the minimum living area, it is currently 7 m2 and is the subject of more heated discussions.
A common concern
The quality of housing and overcrowding are among the complaints most often expressed by temporary foreign workers whose accommodation is provided by their employer, that is to say those in agriculture. For migrants in other areas, the regulation could apply if they are actually renting from their employer.
“These standards must be reviewed, that’s clear,” expresses Mélanie Gauvin, general director of the Support Network for Migrant Agricultural Workers of Quebec (RATTMAQ). The organization has already shared its positions and recommendations and hopes that the new standards will come into force quickly.
Mme Gauvin notes that the Regulation on sanitary conditions in industrial camps dates from 1981, but “even then there was great attention to detail”. It states, for example, that if the employer provides sheets, “these must be disinfected when the worker arrives at the camp, then washed once a month”.
“Why have we never applied a regulation with this level of detail for temporary workers? How could we only think about it in 2024 for them? This is a major discrepancy, an example of double standards,” she said.
Accommodation of temporary workers sometimes hits the headlines, as was the case during the pandemic. The federal minimum standards of 45 cm between beds did not allow distancing, including during the quarantine imposed on arrival, noted the National Institute of Public Health of Quebec (INSPQ).
ESDC thus began a country-wide consultation on housing standards in the fall of 2020. This department told us that it had received hundreds of pages and had devoted dozens of hours to meetings. Nearly four years later, the requirements have not been changed.