Federal government strengthens protections for TFWs as new regulations commence
by CM Staff
These regulations hope to deter bad actors from participating in the program, and will improve the program's ability to conduct inspections and administer appropriate consequences for those who do not follow the rules.
GATINEAU — On Sep. 26, Minister of Employment, Workforce Development and Disability Inclusion Carla Qualtrough and Minister of Immigration, Refugees and Citizenship (IRCC) Sean Fraser announced that new amendments to the Immigration and Refugee Protection Regulations (Temporary Foreign Workers) are now in force. These 13 new regulatory amendments include measures to strengthen protections for TFWs and will enhance the integrity of the TFW Program and the International Mobility Program (IMP), administered by IRCC.
The new regulations will try to better protect TFWs and help to prevent mistreatment and abuse during their stay in Canada by:
- mandating that employers provide all TFWs with information about their rights in Canada;
- prohibiting reprisal by employers against workers, for instance against those who come forward with complaints; and,
- prohibiting employers from charging recruitment fees to workers and holding them accountable for the actions of recruiters in this regard.
In addition, employers are now required to provide reasonable access to health care services. Employers using the TFW Program are also required to provide private health insurance when needed.
These regulations hope to deter bad actors from participating in the program, and will improve the program’s ability to conduct inspections and administer appropriate consequences for those who do not follow the rules. Employment and Social Development Canada (ESDC) can also suspend the processing of any new Labour Market Impact Assessments (LMIAs) if there is reason to suspect that an employer’s non-compliance with the new conditions would put a foreign worker’s health or safety at serious risk.
Overall, these new regulations hopes to ensure greater transparency and clarity on the requirements and conditions of the TFW Program and IMP. Employers will be more aware of their responsibilities and program rules, which will lead to better protection of workers and increased program compliance.
ESDC also continues to work on the TFW compliance regime while implementing improvements to help better protect TFWs, including:
- enhancing inspection tools and mandatory training to strengthen the quality and timeliness of inspections;
- continuing to leverage an enhanced tip line service including live agents, allowing workers to flag any situation of abuse or misuse of the program in a confidential manner;
- continuing to raise employers’ awareness of their obligations to foster compliance with the TFW Program’s conditions; and,
- expanding collaboration with consulates, as well as provinces and local authorities, to help the Department to identify concerns that need immediate attention and take action.
“Everyone deserves to work in dignity, in safety, and in health. With these changes, our Government is strengthening protections for temporary foreign workers. These individuals come to Canada and work for Canadian businesses, and help drive the Canadian economy forward. We have a responsibility to ensure they are protected and respected.” said thee Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough.
