Canada increases the LMIA control, caps the number of workers at 20%, and penalizes firms who violate the program’s terms in an effort to stop exploitation.m

Fears that businesses will misuse the Temporary Foreign Worker Program (TFWP) to take advantage of foreign workers have led to heightened examination of the program in Canada. As a result, Canada’s Immigration Minister Marc Miller and Employment Minister Randy Boissonnault have decided to strongly condemn these acts. Minister Boissonnault unveiled a number of new initiatives on August 6th with the goal of preserving the TFWP’s integrity and defending the rights of temporary foreign workers.Minister Boissonnault made a number of significant modifications to the TFWP and underlined the need for tighter oversight:

1. Putting a 20% Cap on Temporary Foreign Workers in Place:
An employer’s ability to hire temporary foreign workers will be limited to a maximum of 20%. Regular foreign workers and those in the “dual intent sub-stream,” who plan to apply for permanent residency in Canada, are also subject to this cap. In order to assure compliance, employers who use this sub-stream will also be subject to stricter requirements.

2.Tighter LMIA Issuance and Inspections:
LMIAs, which are necessary in order to hire foreign labor, will now be subject to more stringent inspections. The government will step up inspections to make sure companies are following the law and not abusing their workforce, especially in high-risk locations.

3.Establishing a Foreign Worker Stream for Seafood Processing and Agriculture:
The agriculture and seafood processing industries will benefit from the introduction of a new source of foreign labor. This acknowledges the special labor requirements of certain sectors, which mostly depend on temporary immigrant labor.

Extra Measures for the TFWP
Minister Boissonnault also listed additional actions that were being considered, such as:

LMIA Fee Increases:
In order to pay for more processing and integrity checks, the government is thinking about increasing LMIA costs. By doing this, you can be sure that the system has what it takes to efficiently enforce and monitor compliance.

Tighter Employer Eligibility Requirements:
Companies may soon have to meet more stringent eligibility requirements, like having to operate their businesses for a certain number of years in order to be authorized to employ temporary foreign workers. When determining an employer’s eligibility for the program, their history of layoffs may also be taken into consideration.

Refusal to accept Low-Wage Stream Applications:
In some sectors of the economy that have historically seen abuse, the government is thinking of declining to accept LMIA applications for the TFWP’s low-wage stream. This is a part of a larger initiative to stop companies from unfairly lowering salaries by avoiding recruiting Canadian workers through the TFWP.

Ministers Respond to Growing Fears
There is a growing concern over the TFWP, which has led to these new actions and considerations. Concerns about employers exploiting the TFWP to avoid assigning eligible Canadian workers to jobs have been voiced by Ministers Boissonnault and Miller. Additionally, the ministers have noted that there is a special risk of pay reduction for both domestic and international workers in the low-wage stream of the TFWP.

UN Report Draws Attention to TFWP Abuse
A study released on July 22nd by the United Nations further intensified the attention surrounding the TFWP. The TFWP has allegedly turned into a “breeding ground” for serious mistreatment of foreign workers in Canada, according to the report. The study brought attention to problems like unfavorable working conditions, pay fraud, and a dearth of safeguards for temporary foreign employees. The necessity for the Canadian government to intervene to safeguard vulnerable workers and make sure the TFWP is not being abused has been emphasized by this report.

Rights of Temporary Foreign Workers
Under Canadian labor rules, international temporary employees are entitled to a number of protections. Among these rights are:

Details Regarding Their Rights:
Employers must advise international employees of their rights in Canada.

Employment Agreement:
On or before their first day of work, employees must obtain a signed copy of their employment agreement.

Equal Pay and a Safe Workplace:
Employees have the right to a safe workplace free from harassment and to be compensated in accordance with the provisions of their employment contract.

Health Insurance and Access to Health Services:
Until employees are qualified for provincial or territory health insurance, employers are required to offer emergency medical treatment through private health insurance. If they are hurt on the job or fall ill, employees have the right to obtain health care.

Prohibited Actions Against Temporary Foreign Workers:
In Canada, employers are not allowed to:

>forcing employees to complete dangerous or non-job-related duties against their employment agreement.
>forcing employees to put in more time above what is specified in their employment contract.
>penalizing employees who report abuse, hazardous working conditions, or subpar housing.
>removing the work permits or passports of employees.
>handling the worker’s deportation or changes in immigration status.
>making employees pay back any fees the business may have paid for recruitment.

Reporting Abuse and Requesting Assistance
Temporary foreign employees have various avenues for assistance if they feel mistreated:

Obtain an Open Work Permit (OWP):
Employees may apply for an OWP, which enables them to carry on working in Canada for the majority of businesses across most industries.

Report Abuse:
Employees can file reports of abuse online, over the phone, in person, or through Service Canada’s helpline. In order to report any mistreatment, they can also get in touch with Employment and Social Development Canada (ESDC).

Seek Assistance from Organizations:
In Canada, there are organizations that offer resources and assistance to migrant workers, assisting them in navigating the legal system and exercising their rights.

Contact Provincial or territory Offices:
If employees observe harmful working circumstances, they should get in touch with their provincial or territory workplace health and safety office. If their employer is infringing on their employment agreement, they can get in touch with their employment standards office.

Penalties for Employers Who Do Not Comply
Employers who disregard the TFWP’s requirements risk harsh consequences, such as:

Penalties:
Employers face fines ranging from $500 to $100,000 for each infraction, with a $1 million annual cap.

Temporary or Permanent Bans:
Employers found guilty of more significant infractions may be prohibited from participating in the TFWP for a period of time that varies from one to ten years, or they may be permanently barred.

In summary
To guarantee that the program is administered properly and that foreign workers receive equitable treatment, the Canadian government is implementing substantial reforms to the Temporary Foreign Worker Program. These policies seek to preserve fair pay, shield employees from exploitation, and preserve the integrity of the labour market in Canada. More adjustments might be made to the TFWP as the government keeps an eye on it in order to handle any new problems and protect the rights of temporary foreign workers.