Canadian Manufacturing

Chinese miner using foreign workers instead of locals threatens legal action

Unions released documents that showed Chinese-owned HD Mining expects it could be four years before any Canadian miners are hired


VANCOUVER—The Chinese mining firm at the centre of a controversial plan to use temporary foreign workers in a British Columbia coal mine has launched a two-pronged attack, threatening both a human rights complaint and legal action.

HD Mining distributed two separate letters to the media Thursday, one accusing the United Steelworkers Union of discrimination and the other putting the government on notice it may pursue claims for civil damages after federal ministers made public statements about the company.

The firm’s Murray River project near Tumbler Ridge, B.C., 140 kilometres west of Grande Prairie, Alta., has drawn fire for bringing in temporary foreign workers instead of hiring Canadians. It’s also currently facing a judicial review in which two unions are seeking to prevent the company from bringing more workers to Canada.

Steve Hunt, the union’s western Canadian director, said the accusation is bizarre, because his union has only ever been fighting for workers’ rights.

Among the evidence submitted in the letter is a Steelworkers’ press release that contends temporary foreign workers are exploited through low wages, no benefits and little workplace protection.

Company spokeswoman Jody Shimkus said she couldn’t speak to how the worker’s complaint arose, but said it was “supported” by the company. She noted the accusations workers would be paid reduced wages is not true.

Workers will be paid between $25 and $40 per hour, with total yearly compensation between $84,000 and $113,000 including pay, benefits, housing and food, she said.
“These workers are not being underpaid.”

She added the company is spending $50 million on Canadian goods, services and contractors.

Also Thursday, the company emailed copies of a letter sent by its lawyers to federal deputy justice minister William Pentney suggesting actions by two federal ministers may influence the judicial review.

The International Union of Operating Engineers and the Construction and Specialized Workers Union want an injunction preventing more workers from coming to Canada until a court can hear their broader legal challenge. They plan to argue the company’s temporary foreign worker permits should be tossed altogether.

A group of 60 more miners are slated to arrive from China this weekend, and Shimkus said nothing has changed those plans.

The lawyer’s letter states the company will pursue any claims for civil damages that may have been caused by parties that harmed HD Mining’s reputation or financial interests.

The company has previously said HD Mining wants to hire Canadians as soon as is feasible, but that can’t be done until the skills necessary to work in the unique mine are taught to Canadians. It is currently collaborating with Northern Lights College to make training available.

Hunt said the Steelworkers have also filed a health and safety complaint against the company.

The federal government has undertaken to review the entire temporary foreign workers’ permitting process.

On Wednesday, the unions released documents that showed HD Mining expects it could be four years before any Canadian miners are hired and more than 14 years before all the foreign temporary workers return home.