Just the Facts - Foreign Workers

HRSDC Just the Facts – a feature to help dispel myths and misconceptions as well as raise awareness about HRSDC programs.

Foreign Workers

Issue

Conviction of labour brokers for unlawfully employing foreign nationals

Fact

Two labour brokers in the Leamington area of Ontario have been found guilty of unlawfully supplying foreign workers to employers. This conviction resulted from charges laid by the Canada Border Services Agency under the Immigration and Refugee Protection Act.

Labour brokers recruit workers from other countries to work in Canada. The two men were sentenced on September 28 to three months' house arrest and fined $65,000.

The workers recruited by these labour brokers were from Indonesia, Malaysia, Cambodia, El Salvador and Mexico. They were recruited outside of the provisions of the Temporary Foreign Worker Program, which works with employers to fill labour and skills needs temporarily with foreign workers when Canadians are not available.

Minister Solberg has made it clear that there must be zero tolerance for exploitation, mistreatment or wrongdoing by unscrupulous employers or recruiters. The federal government is currently exploring options to strengthen compliance mechanisms for the protection of temporary foreign workers.

As an important first step, the federal government is developing Memoranda of Understanding with provincial governments to facilitate information sharing, critical to ensuring that the rights of temporary foreign workers are protected and that the terms of employment are fulfilled. Agreements with Alberta and British Columbia have already been announced, and discussions are under way with other provinces.

Helping Temporary Foreign Workers: Roles and Responsibilities

Issue:

Helping Temporary Foreign Workers: Roles and Responsibilities

Fact:

Human Resources and Social Development Canada/Service Canada, Citizenship and Immigration Canada and the Canada Border Services Agency, working with provinces and territories, help ensure that foreign workers support economic growth in Canada. This information explains the role of Human Resources and Social Development/Service Canada and Citizenship and Immigration Canada in managing the Temporary Foreign Worker Program, as well as the roles of other agencies and jurisdictions. Procedures and responsibilities are determined separately by each province and territory and they vary accordingly.

For further information, contact the nearest Service Canada Centre.

What is the role of Human Resources and Social Development Canada/Service Canada?

An employer who wants to hire a foreign worker must first apply to Service Canada for a “Labour Market Opinion”. This opinion assesses what impact the worker would have on Canada’s labour market or, in other words, how the offer of employment would affect Canadian jobs. There are cases when the employer does not require a Labour Market Opinion.

For further information, visit Working temporarily in Canada.

What is the role of Citizenship and Immigration Canada?

A foreign worker who wants to work in Canada requires a work permit from Citizenship and Immigration Canada.

Following receipt of an application, Citizenship and Immigration Canada determines whether the foreign worker is eligible to receive a work permit. In certain circumstances, an application for a work permit may be made at a port of entry.

Futher information on work permits for temporary foreign workers is also available at Citizenship and Immigration Canada.

What is the role of the Canada Border Services Agency?

The Canada Border Services Agency screens foreign workers at Canadian border crossings and airports to ensure that they meet admissibility requirements before issuing work permits and allowing them to enter Canada. The Agency, who reports directly to the Minister of Public Safety Canada (PS), has the final say on who may enter the country.

For more information about the Canada Border Services Agency, visit Canada Border Services Agency (CBSA).

Who is responsible for employment and labour standards?

Temporary foreign workers have the same rights as Canadian workers. Ninety percent of workers are provincially/territorially regulated, which means that employment and labour standards for those workers - including monitoring and enforcement - are the responsibility of the provincial and territorial governments. Standards vary among provinces and territories. The other 10 percent of workers are federally regulated, and the employment and labour standards fall under the Canada Labour Code.

Wages and Temporary Foreign Workers

Fact

When assessing an employer's application to hire foreign workers, Human Resources and Social Development/Service Canada carefully reviews employer efforts to hire Canadians, as well as the wages and working conditions they offer.

Wages offered to Temporary Foreign Workers must be consistent with the prevailing wage rate (the average hourly wage or higher) paid to Canadian workers for the same occupation in the same region of Canada.

Where the Temporary Foreign Worker's position is part of a union bargaining unit, the wage offered must be consistent with the wage structure stipulated in the collective agreement. The wage rate may be higher than the rate offered by a non-unionized workplace.

If workers have questions about wages or working conditions, they should contact the labour standards office in the province where they are working. Visit www.hrsdc.gc.ca/eng/lp/lo/lswe/ls/provincial.shtml