PACP committee briefing binder: Appearance of the Deputy Minister of Employment and Social Development - March 31, 2022

Note: The table of content was modified for technical accessibility

Official title: Appearance of the Deputy Minister - Standing Committee on Public Accounts (PACP) March 31, 2022

On this page

Opening Statement

• 1. Opening remarks

Scenario, key messages and questions

• 2. Scenario note
• 3. Key messages
• 4. Questions and Answers

Top Issues

• 5. Temporary Foreign Worker Program - Inspection Regime
• 6. Temporary Foreign Worker Program - Unannounced on-site inspections
• 7. Temporary Foreign Worker Program - Refusal to process policy rollback
• 8. Temporary Foreign Worker Program - Quebec pilot project
• 9. EI and Temporary Foreign Worker Access
• 10. Labour Shortages
• 11. Supports for Temporary Foreign Workers
• 12. Interdepartmental work during the COVID-19 Pandemic
• 13. Amendments to the Immigration and Refugee Protection Regulations
• 14. Labour Market Impact Assessment processing
• 15. Departmental response at the onset of the pandemic
• 16. What We Heard Report
• 17. Temporary Foreign Worker Cap Rules
• 18. Economic Fiscal Update

Committee Information

• 19. ESDC Action Plan – to be submitted to PACP
• 20. Committee Membership and Biographies

1. Opening remarks

Full title: Opening Remarks for Jean-François Tremblay Deputy Minister of Employment and Social Development for an appearance before the Standing Committee on Public Accounts regarding the 2021 reports of the Auditor General of Canada to the Parliament of Canada (Report 13 – COVID‑19 Pandemic – Health and Safety of Temporary Foreign Workers in Canada) - House of Commons - March 31, 2022

Check against delivery

(2022 PA 00021)

Opening

Mr. Chairman, thank you for the invitation to appear before the committee today to discuss the Auditor General’s Report on the Temporary Foreign Worker Program, which took place in the midst of the ongoing pandemic.

Please let me start by saying that Employment and Social Development Canada (ESDC) understands the importance of this audit and agrees with its recommendations.

Purpose of Temporary Foreign Worker Program

Before we discuss the steps ESDC has been taking to completely rebuild the Temporary Foreign Worker Program compliance regime, please let me briefly provide an overview of this complex program and its purpose.

Temporary foreign workers are a key source of labour, particularly in agriculture and agri-food, and ensuring their reliable entry and safe working conditions is key to the continued food security of Canadians and Canada’s economic recovery.

A critical aspect of the program is that it seeks to address labour and skills shortages while balancing the interests of Canadian workers, employers and the protection of foreign workers. To that end, we have measures in place to mitigate potential impacts of the program on Canadian workers such as downward pressure on wages and displacement of Canadians by temporary foreign workers.

Challenges brought on by pandemic

Mr. Chairman, the challenges brought on by COVID-19 have been unprecedented – and its impact on the Temporary Foreign Worker Program cannot be overstated.

As the pandemic hit, thousands of temporary foreign workers were scheduled to arrive in Canada. At a time of global uncertainty, the department was essentially put in a position of having to build and fly the plane at the same time. ESDC acted quickly to introduce new regulations and build a completely new virtual inspection regime that evolved amid changing public health directives and crisis conditions throughout the pandemic. The Department also implemented new inspection operations to verify employer compliance with quarantine conditions. We issued permanent bans in the most egregious cases of non-compliance.

Despite our best efforts, the Auditor General’s Report made it apparent there were fundamental flaws in a number of areas in ESDC’s management of the program, and in the design of the program itself. Chiefly, as the Department rolled out its new inspection regime in 2020 – and doubled its inspection workforce from about 100 to 200 inspectors and continued to hire and train inspectors in preparation for the 2021 season – there was an undesired impact on workload. Simply put, the quality of the documentation of inspections was not satisfactory to support the Department’s final decisions.

ESDC owns these shortcomings but with the delivery of any program, particularly during an unprecedented crisis, there are going to be risks. The issue wasn’t that departmental staff and its senior leadership weren’t doing their jobs properly – it was that given the situation and the challenges of the pandemic, the program came up short in some areas.

But this is not to say we have not learned from our experience during the pandemic. Though there continued to be challenges in 2021, in July, the Department reviewed its strategies and measures such as training, guidance and enhancements to inspection tools were put into effect. Additionally, ESDC’s internal audit team conducted a review of 60 compliant inspection files, completed in September through December 2021, and concluded that there is a 45% increase in files that met departmental inspection requirements since June 2021.

And we continue to make positive progress as we prepare for the 2022 agricultural season. By the end of February 2022, the pre-pandemic inventory of inspection cases, active at the onset of COVID-19, had been reduced by 92%.^{Footnote 1}

As part of our plan to ensure timely inspections, we have streamlined operations and balanced inspection workload with departmental capacity. We are aiming for a rate of 90% of inspection files without substantive errors by no later than September 2022. ^{Footnote 2}

The Department also recognizes the importance of well-trained inspection staff and all staff responsible for inspections have taken supplementary training in February and March 2022, i.e. in time for the 2022 agricultural season^{Footnote 3}.

Finally, we are working with the provinces, territories and key stakeholders^{Footnote 4} to develop program changes that address the most immediate health and safety concerns in employer-provided accommodations. Our goal is to communicate these changes by the end of this year.

Conclusion

Mr. Chairman, ESDC agrees with each of the Auditor General’s recommendations. We are committed to completely rebuilding the Temporary Foreign Worker Program compliance regime.

Thank you for the opportunity to appear before you today.

We are happy to now take your questions.

-30-

2. Scenario note

1. Overview

You are invited to appear to discuss the Auditor General’s Report 13—Health and Safety of Agricultural Temporary Foreign Workers in Canada during the COVID-19 Pandemic, in your capacity as Accounting Officer.

2. Committee proceedings

• The appearance is scheduled for Thursday, March 31, 2022, from 11:00 a.m. until 1:00 p.m
• You will appear for 2 hours as part of a panel with representatives from the office of the Auditor General and Chris Forbes, Deputy Minister, Agriculture and Agri-Food Canada whose department participated in the audit
• Each organization will have up to 5 minutes for remarks
• ESDC’s detailed action plan should be provided to the Committee and the AG, in both official languages, 48 hours in advance of the meeting
• PACP has agreed that questioning of witnesses would be allocated as follows:
• round 1: 6 minutes for the first questioner of each party as follows
• Conservative Party
• Liberal Party
• Bloc Québécois
• New Democratic Party

for the second and subsequent rounds, the order and time for questioning be as follows:

• Conservative Party, 5 minutes
• Liberal Party, 5 minutes
• Bloc Québécois, 2.5 minutes
• New Democratic Party, 2.5 minutes
• Conservative Party, 5 minutes
• Liberal Party, 5 minutes

3. Parliamentary environment

Based on questions raised in the House of Commons since November 2021, the following line of questioning may be anticipated from opposition parties:

Conservative Party of Canada (CPC)

Request an update regarding an agreement between the federal government and the Province of Quebec to increase temporary foreign workers in the agri-food industry from 10% to 20%

New Democratic Party of Canada

• Ask about previous commitments made by ESDC in 2018 to changing its program to improve living conditions for temporary foreign workers–something it has been committing to since 2018–yet the AG has not seen any progress on this commitment
• Ask for details on the decision to provide foreign workers with permanent resident status

Bloc Québécois

• Raise the employer-worker relationship and address concerns over employers who illegally recruit temporary foreign workers off farms
• Concerns about the complex process and cost to hire temporary foreign workers
• Lack of communication between ESDC and IRCC and the Province of Quebec complicates the process
• Raise the need to transfer the responsibility of the program to the Province of Quebec

Previous PACP Study on the TFW Program

• All parties could raise the Study on Report 5 - Temporary Foreign Worker Program from 2017
• In particular, the former Auditor General criticized the fact that there were insufficient on-site inspections and any that were happening were preannounced

3. Key messages

PACP Appearance - AG Report of the TFW Program

Overarching context

• A critical aspect of the Temporary Foreign Worker program is that it seeks to address labour and skills shortages while balancing the interests of Canadian workers, employers and the protection of foreign workers
• At a time of global uncertainty, the Department was essentially put in a position of having to build and fly the plane at the same time. ESDC acted quickly to introduce new regulations and build a completely new virtual inspection regime that evolved amid changing public health directives and crisis conditions throughout the pandemic. ESDC also implemented new inspection operations to verify employer compliance with quarantine conditions
• When the Auditor General advised ESDC in late December 2020 that they had concerns, we initiated a review of inspection files and conditions on the ground. Despite our best efforts, the Auditor General’s Report made it apparent there were fundamental flaws in a number of areas in ESDC’s management of the program, and in the design of the program itself. The Auditor General clearly told us we need to do more, and we have already made significant progress in addressing the recommendations

Inspections

• The Auditor General recommended that ESDC improve the quality and timeliness of our inspections and reduce the backlog – and we took immediate action. The Department rolled out a new inspection regime in 2020, and doubled our inspection workforce from about 100 to 200 inspectors and continued to hire and train inspectors in preparation for the 2021 season to address high turnover rates. There was an undesired impact on workload
• Though there continued to be challenges in 2021, we have continued making progress to reduce the inventory of cases and improve inspections as we prepare for the 2022 agricultural season. As of February 27 2022, the pre-pandemic inventory of inspection cases active at the onset of COVID-19 has been reduced by 92%. Additionally, a recent review by ESDC’s internal audit team concluded that there has been a 45% increase in the number of compliant inspection files meeting departmental inspection requirements from June 2021 to December 2021
• As committed to the Minister, to ensure timely inspections we have streamlined operations and balanced inspection workload with departmental capacity
• The Department has exceeded the rate of 80% of inspection files without substantive errors, and is on track to reach 90% by no later than September 2022

Training

• ESDC recognizes the importance of well-trained inspection staff. In response to the recommendation in this area and in preparation for the 2022 season, the Department provided training to approximately 250 inspection staff in key areas to better equip staff to consistently deliver quality and timely inspections
• Areas of training included documentation and case management, as well as supplementary training to assess employer-provided accommodations, including identifying instances of possible employer non-compliance and informing relevant PT or municipal authorities
• We have also implemented renewed guidance to ensure that if a worker’s health and safety is at risk, necessary action is taken within 24 to 48 hours

Accommodations

• We understand the importance of ensuring that workers are provided with safe accommodations and we are working with the provinces and territories to improve housing conditions for temporary foreign workers. This is a complex multi-jurisdictional issue. ESDC released a ‘What We Heard’ report, which summarizes input received during consultations on employer-provided accommodations in the agriculture sector under the Temporary Foreign Worker Program
• We are also working with the provinces, territories and key stakeholders to develop program changes that address the most immediate health and safety concerns in employer-provided accommodations. Our goal is to communicate these changes by the end of this year and ensure important progress in this area, which was also highlighted by the Auditor General

4. Questions and answers - Government response and actions (header not included in original binder)

• 4.Q1. What has the Government done to address the problems described in the OAG (Office of the Auditor General) report?
• 4.Q2. What is the Government’s progress on its 4 new priority commitments?
• 4.Q3. Does ESDC have sufficient resources to implement the needed improvements?
• 4.Q4. The AG (Auditor Gneral) report details long-standing problems that workers faced on Canadian farms pre-pandemic – and that ESDC (Employment and Social Development Canada) was aware of. Why did the Government fail to address numerous serious shortcomings in the years leading up to the pandemic?

Federal and provincial/territorial jurisdictions:

• 4.Q5. What exactly are the Government’s responsibilities in terms of accommodations and inspections? It seems the Government is always deferring responsibility to the provinces.

Inspections:

• 4.Q6. The OAG’s review of files shows that inspections did not provide assurance that employers were compliant, and yet ESDC found the vast majority of employers compliant during the inspections. It could appear that ESDC either lied about its finding or was completely incompetent – which is it?
• 4.Q7. Why should we believe that the Government’s actions will make a difference now when backlogs and the quality of inspections worsened in 2021 compared to 2020?
• 4.Q8. With the country still partially locked down due to the Omicron variant, will virtual inspections be used exclusively in most circumstances again? How can you ensure workers will be protected when the Department has failed to do so throughout the pandemic?
• 4.Q9. While the audit did not identify a causal link between worker’s deaths and the inspections the OAG examined, does ESDC feel its inspection regime is adequate enough to prevent worker deaths? For instance, the OAG reports about 15% of outbreak inspections indicated non-compliance with isolations, citing 2 cases in particular in which workers who tested positive for COVID-19 remained in shared accommodations with non-positive workers.

Worker vaccinations and benefits:

• 4.Q10. What is the strategy to ensure temporary foreign workers get vaccinated? Is there a specific strategy to ensure eligible workers are getting booster shots, given they are a vulnerable population living in congregate settings?
• 4.Q11. Are Temporary Foreign Workers eligible for EI (employment insurance) benefits if they lose their jobs?

Labour shortages and low-wage cap:

• 4.Q12. What is the Government doing to address labour shortages?
• 4.Q13. What specifically is the Government doing to address labour shortages in Quebec

Q1. What has the Government done to address the problems described in the AG report?

A1. The Department is rebuilding the TFWP compliance regime in the longer term to address systemic issues identified by the Auditor General.

In preparation for the upcoming peak season, the Department has successfully delivered on all 4 commitments mandated by Minister Qualtrough to protect the health and safety of TFWs. We have already seen some encouraging improvement in the quality and completion rate of inspections. Specific details about these efforts can be found in Question 2.

Additional details:

Based on preliminary findings, the Auditor General contacted ESDC in late December 2020 and later in February 2021 to share concerns. In response, the Department took immediate action by implementing a series of measures aimed at improving inspections in February and March 2021, including the implementation of a new quality control function.

Several measures were developed and rolled out following feedback received from the AG:

1. Improved quality and timeliness of inspections, including workload management:
• in 2020, ESDC doubled its inspection workforce from about 100 to 200 inspectors and continued to hire and train inspectors to address high turnover rates of about 30%
• in February 2021, the Department designed and launched a national internal quality review function to better address quality gaps
• the Department restructured the team that provides guidance, tools and supports to inspectors and doubled its staff to support the needed enhancements
• supplementary training, tools and information sessions were rolled out for inspection staff, providing them with clear and updated guidance
• in July 2021, the Department reviewed its strategies and approaches to workload and quality, and implemented a risk-based approach. The Department has since seen an encouraging improvement in the quality of its inspections
1. As of February 27 2022, the pre-pandemic inventory of inspection cases, active at the onset of COVID-19, has been reduced by 92%
2. Overall inspection inventories, including cases initiated during the pandemic, have been reduced by 53% between June 30, 2021 and February 27, 2022
3. ESDC’s internal audit team conducted a review of 60 compliant inspection files completed in September through December 2021 and concluded that there is a 45% increase in files that met departmental inspection requirements since June 2021
2. Established a National Steering Committee and supporting governance to set accountability in achieving goals and objectives, inform/support decision-making process, and, for planning and performance monitoring.
3. Improved partnerships:
• a total of 9 agreements are currently established with provincial/municipal authorities for the sharing of data specific to employer compliance inspections or information related to violations pertaining to COVID-19 requirements
• ESDC developed and implemented an outbreak protocol to more effectively address outbreaks on farms and work with provinces
4. Improved measures to better support the workers:
• in March 2021, the Department implemented a redesigned tip line with a live agent capacity providing services in multiple languages, making it easier and more accessible to workers so that they may report allegations of abuse or mistreatment. To date in 2021 to 2022 (February 27, 2022), the call centre received 4,583 calls that translated into 768 instances of relevant information for integrity services, and 95 inspections initiated
• ESDC established a liaison service with the Consulates of source countries in an effort to provide enhanced support to foreign workers. Between April 2021 and February 27, 2022, the concierge service received 513 referrals, resulting in 194 new inspections being initiated and additional information added to 223 ongoing inspections
5. Improved compliance through education and awareness:
• in 2021, to raise awareness of employers on their obligations, the Department conducted 11 sessions reaching over 1,100 attendees, employers and employer associations representing over 200,000 employers, including joint sessions with Ontario and Quebec
• to raise awareness on TFW rights and the mechanisms available to flag concerns, 7 sessions were conducted with consulates, migrant support organizations and the interdepartmental human trafficking working group
• further outreach activities are taking place in 2022, and 3 sessions on employer awareness and TFW’s rights have been held to date

Q2. What is the Government’s progress on its 4 new priority commitments?

A2. In preparation for the upcoming peak season, the Department has successfully delivered on all 4 commitments mandated by the Minister. More specifically:

Department Priority #1: Escalation process

• The Department established a protocol to take immediate action if a TFW’s health and safety is suspected to be at risk, including notifying stakeholders, authorities and other jurisdictions. To support the process:
• renewed guidance and procedures were developed and subsequent training was provided to staff
• new functionality was introduced to the case management system to enable escalation, action notification and tracking timeliness
• process maps have been developed to provide clarity on necessary action to be taken within 24 hours – and no later than 48 hours – including the escalation and notification of appropriate authorities

Department Priority #2: Plan to reduce backlog and for timely inspections

• the Department developed a plan to target areas of higher-risk, to reduce backlogs and ensure timely inspections
• A risk-based model, informed by key criteria and data, was used to target inspections where they are most needed, including for quarantine and outbreaks
• To support the timeliness of inspections, the Department has streamlined its operations, and strengthened workload management, including the development of a national workload tool for inspection staff
• The Department improved the data entry process for our staff. As a result, greater accuracy and efficiency are achieved in the inspection process

Department Priority #3: Quality Inspections

• The Department has exceeded the 80% rate of inspection files without substantive errors. From January 31 to February 27, 2022, a total of 95% (78 out of 82) of all cases reviewed did not have substantive errors. Measures implemented by the Department are expected to continue yielding positive results, including reduced overall errors, and a rate of 90% of inspection files without substantive errors by no later than September 2022

Department Priority #4: Supplementary training

• The Department provided supplementary training to all inspection staff (approx. 250) in key areas to strengthen quality and ensure timely inspections. Training focused on:
• workload Management to support supervisors and staff in using the tool that will help assign, track and follow up at key stages of the inspection to strengthen timeliness
• documentation and Case Management so that decisions are well supported with all needed information on file
• taking necessary action within 24 to 48 hours if a TFW’s health and safety is suspected to be at risk, to ensure the process and guidance developed are understood and applied

Q3. Does ESDC have sufficient resources to implement the needed improvements?

A3. Budget 2021 included $49.5 million over 3 years, starting in 2021 to 2022, to support community-based organizations in the provision of migrant worker-centric programs and services, such as on-arrival orientation services and assistance in emergency and at-risk situations, through the new Migrant Worker Support Program.

The Government now has agreements in place with migrant worker organizations to provide direct assistance to workers affected by COVID-19. Currently, 6 non-profit organizations across Canada are funded to support migrant workers by providing on-arrival airport services, community-based supports and emergency supports.

The Budget also included $54.9 million over 3 years for ESDC and IRCC, starting in 2021 to 2022, to increase inspections of employers and ensure temporary foreign workers have appropriate working conditions and wages. This additional funding will allow ESDC to conduct inspections with a focus in the agriculture sector, including virtual and on-site inspections of COVID-19 conditions.

The Department is rebuilding the TFWP compliance regime. To do so, we are taking into consideration lessons learned during the pandemic, including the recommendations and findings of the Auditor General, improvements we have made since the tabling of the report, challenges identified prior to the pandemic, and the need to prepare for future changes. Our rebuilding efforts will be guided by these pillars: better data to influence decisions (access, analytics, sharing), an enhanced workforce with the right supports, strong collaboration with federal, provincial/territorial, and municipal partners, improved departmental communications and governance, and technological solutions.

Q4. The Auditor General’s report details long-standing problems that workers faced on Canadian farms pre-pandemic – and that ESDC was aware of. Why did the Government fail to address numerous serious shortcomings in the years leading up to the pandemic?

A4. The TFW Program’s compliance regime has been evolving since 2011. Changes to the Immigration and Refugee Protection Regulations (IRPR) were introduced in 2013 to give the authority to ESDC to conduct employer inspections to verify that they are meeting Program conditions. Further changes were made in 2015 to introduce consequences for violation(s) of program conditions. As part of its continued efforts to strengthen the compliance regime, the Department also began conducting unannounced on-site inspections in 2018, following recommendations from both the AG and Parliament.

Employer-provided accommodations is a complex multi-jurisdictional issue. Provincial/Territorial (P/T) governments are responsible for setting housing standards, inspecting against these standards and approving the Housing Inspection Report (HIR), which is a prerequisite for employers to participate in the TFW Program, when employer-provided housing is a requirement.

Once workers are living in the employer-provided housing, ESDC may conduct an employer-compliance inspection, using the HIR as a reference tool to verify if accommodations are adequate, including verifying that the accommodations do not exceed occupancy limits and that there are no reasonable grounds to believe that accommodations pose a significant risk to workers’ health and safety.

If such issues are observed or uncovered during an inspection, the Department will inform the relevant provincial, territorial and municipal authorities. In the event that the appropriate authority confirms a breach, ESDC will then reach a decision on employer compliance with the program. ESDC recognizes the importance of safe accommodations to help protect the health and safety of TFWs and remains committed to continuing to work with P/Ts.

Recognizing that the Government can most effectively advance in this area in collaboration with P/T governments, the Department undertook consultations in Fall 2020 focused on how partners could work together to improve employer-provided accommodations. Over 150 stakeholder responses were received, as summarized in the “What We Heard” report released on December 1, 2021.

The Report underscores the diversity of views on the issue of employer-provided accommodations and the complexity it entails, given the multiple jurisdictions, the different types of housing provided, and the time required to make changes to existing infrastructure. The findings in this report will inform proposed improvements to the TFW Program to better protect workers from unsafe and unsuitable employer-provided living conditions. It will also help create clear and consistent requirements for employers that apply to the Program so that they fully understand their obligations and can better adhere to them.

While respecting P/T jurisdiction, the Department will propose changes to help address health and safety concerns related to employer-provided accommodations, including limiting program participation to employers that have clearly proven that specific jurisdictional requirements have been met. Proposed program changes are expected to be communicated in 2022, to allow partners to be consulted and prepare for implementation.

Q5. What exactly are the Government’s responsibilities in terms of accommodations and inspections? It seems the Government is always deferring responsibility to the provinces.

A5. Employer-provided accommodations is a complex multi-jurisdictional issue. Provincial / territorial (P/T) governments are responsible for setting housing standards, inspecting against these standards and approving the Housing Inspection Report (HIR), which is a prerequisite for employers to participate in the TFW Program, when employer-provided housing is a requirement.

Once workers are living in the employer-provided housing, ESDC may conduct an employer-compliance inspection, using the HIR as a reference tool to verify if accommodations are adequate, including verifying that the accommodations do not exceed occupancy limits and that there are no reasonable grounds to believe that accommodations pose a significant risk to workers’ health and safety.

If such issues are observed or uncovered during an inspection, the Department will inform the relevant P/T and municipal authorities. In the event that the appropriate authority confirms a breach, ESDC will then reach a decision on the employer’s compliance with the program. ESDC recognizes the importance of safe accommodations to help protect the health and safety of TFWs and remains committed to continuing to work with P/Ts.

Q6. The AG’s review of files shows that inspections did not provide assurance that employers were compliant, and yet ESDC found the vast majority of employers compliant during the inspections. It could appear that ESDC either lied about its finding or was completely incompetent – which is it?

A6. ESDC agrees that the quality of the documentation on file was not satisfactory to support the Department’s final decisions.

There was a deliberate strategy by the Department to reach as many employers on farms as possible during the first 14 days of quarantine with the TFWs’ safety in mind, but the actions implemented did not yield the expected results as quickly as anticipated. As the Department rolled out its new inspection regime in 2020, and hired new staff and increased the number of inspections based on a risk approach in preparation for the 2021 season, there was an undesired impact on workload and the quality of the documentation of inspections.

In July 2021, the Department reviewed its strategies and approaches to workload and quality, and implemented a risk-based approach. Measures such as training, guidance and enhancements to inspection tools were put into effect. Additionally, in June 2021, the Department asked its internal audit team to play an advisory role to provide advice and guidance on the planned improvements. ESDC’s internal audit team conducted a review of 60 compliant inspection files, completed in September through December 2021, and concluded that there is a 45% increase in files that met departmental inspection requirements since June 2021. This is an example of positive progress.

Q7. Why should we believe that the Government’s actions will make a difference now when backlogs and the quality of inspections worsened in 2021 compared to 2020?

A7. The Department has taken steps that have allowed us to address 92% of the pre-pandemic backlog, as we work towards a manageable inventory of inspections. We are also providing support and tools to prioritize workloads, and we have implemented a national workload management strategy in order to complete more timely inspections. As a result, we are already seeing some encouraging improvement in the quality and completion rate of inspections.

Combined with the progress made on the Minister’s 4 priority commitments (see response to Question 2), the Department is well prepared for the 2022 agriculture season.

Q8. With the country still partially locked down due to the Omicron variant, will virtual inspections be used exclusively in most circumstances again? How can you ensure workers will be protected when the Department has failed to do so throughout the pandemic?

A8. At the time of global uncertainty, the Department took immediate action by launching new inspections during the worker’s quarantine period to verify employer compliance to the 6 conditions that came into force on April 20, 2020. These inspections were conducted virtually to protect staff from exposure, reducing the risk of spreading the virus, to ensure contact is made with employers and workers, in a timely manner, during the crucial 14-day quarantine period.

All efforts were guided with the health and safety of Canadians and temporary foreign workers at top of mind. The Auditor General’s report clearly outlines that despite of our efforts, more must be done ahead of the upcoming season. As such, the Department has reviewed its guidance, provided more training, and established quality control measures that have proven effective in ensuring higher quality inspections. The Department continues to rebuild the TFWP compliance regime, taking into account the Auditor General’s recommendations and lessons learned during the pandemic.

We are assessing and adapting our inspections by continuing to work with key stakeholders, including federal and provincial/territorial partners, international offices, migrant worker support organizations, and employer groups, as the protection of the health and safety of foreign workers continues to be at the forefront of our efforts.

In July 2021, the Government of Canada also pre-published new proposed regulations in the Canada Gazette Part 1, and publication in Canada Gazette Part 2 and implementation will take place this year.

The proposed regulatory amendments will improve protections for temporary foreign workers by mandating employers to provide temporary foreign workers with information about their rights in Canada - prohibiting reprisal by employers against workers who come forward with complaints.

They will also prohibit the charging or recovering of recruitment fees to workers, and hold employers accountable for the actions of recruiters in this regard. While the charging of fees is currently not allowed, it will now be explicitly prohibited in regulations, which will make it easier to apply penalties for non-compliance. In addition, this amendment will make the employer responsible for the actions of a third-party recruiter. This will strongly encourage employers to use the services of ethical recruiters who do not charge fees and who do not exploit workers in any way.

The new regulations will also improve the Government’s ability to prevent bad actors from participating in the program by providing authorities that will strengthen the assessment of applications from new employers and deferring the processing of a Labour Market Impact Assessment (LMIA) if non-compliance is suspected, and Strengthen the Government’s ability to effectively conduct inspections.

Through these enhanced regulatory amendments, the Government is working towards providing stronger worker protection and ensuring greater employer compliance.

Q9. While the audit did not identify a causal link between worker’s deaths and the inspections the auditor general (AG) examined, does ESDC feel its inspection regime is adequate enough to prevent worker deaths? For instance, the AG reports about 15% of outbreak inspections indicated non-compliance with isolations, citing 2 cases in particular in which workers who tested positive for COVID-19 remained in shared accommodations with non-positive workers.

A9. The safety and well-being of temporary foreign workers (TFW)s continues to be a priority for us. In the event where a TFW unfortunately passes away and once ESDC is made aware, the Department works with the appropriate consular officials and migrant workers support organizations to ensure that the needs of the surviving families are being addressed and that co-workers in Canada are provided with counselling support as they grieve.

ESDC is committed to rebuilding the TFW Program to ensure that it is upholding the safest possible standards for TFWs. While the AG report found that the deaths of agricultural workers in Ontario in 2020 (as per Chief Coroner’s Review: COVID-19 Related Deaths of Temporary Foreign Agricultural Workers in 2020) were not linked to the inspections, the Department recognizes the need to improve the quality of our inspections and to help protect TFWs.

ESDC’s outbreak inspections have yielded positive results. 1 example is of an employer who has now been permanently banned from the TFW Program due to non-compliance with a COVID regulation. The inspection revealed that the employer did not provide accommodations that have a bedroom and a bathroom that are solely for the use of a foreign national who develops any signs or symptoms of COVID-19. In this case, the employer did not immediately isolate the TFW after he showed signs or symptoms of COVID-19.

The employer received a $100,000 administrative monetary penalty along with a permanent ban from the program.

Throughout the pandemic, the Department took immediate action to verify the quality and timeliness of inspections, as well as to provide inspection staff with updated guidance, training and tools. Going forward, the Department will continue to strengthen its inspection regime to help protect TFWs during outbreak inspections.

Q10. What is the strategy to ensure temporary foreign workers get vaccinated? Is there a specific strategy to ensure eligible workers are getting booster shots, given they are a vulnerable population living in congregate settings?

A10. The health and safety of Canadians continues to be prioritized.

As vaccination rollouts fall under provincial authority, the Government of Canada is working closely with partner countries and provinces to make sure temporary foreign workers (TFWs) understand the importance of being vaccinated when it comes to stopping the spread of COVID-19. Provinces and territories are ultimately responsible for how TFWs are sequenced in their respective vaccine roll out campaigns including booster shots.

Recently, border testing surveillance has been adjusted based on the latest available evidence, and the Government of Canada continues to ease on-arrival measures for fully vaccinated travelers, including TFWs, arriving to Canada. Effective April 1, 2022, fully vaccinated travellers will no longer need to provide a pre-entry COVID-19 test result to enter Canada by air, land or water. Fully vaccinated travellers, including TFWs, will be randomly selected for arrival testing and those selected will no longer be required to quarantine while awaiting their test result.

For partially or unvaccinated travelers who are currently allowed to travel to Canada, pre-entry testing requirements are not changing. Unless otherwise exempt, all travellers 5 years of age or older who do not qualify as fully vaccinated must continue to provide proof of an accepted type of pre-entry COVID-19 test result upon arrival.

Temporary Foreign Workers who work in agriculture and food processing are exempt from vaccination requirements. While these workers have the right of entry to Canada, unvaccinated workers will continue to be tested using COVID-19 molecular tests on arrival and on day 8 and must quarantine for 14 days. Those arriving by air are required to have a quarantine plan in place. They must stay in a suitable quarantine location or a designated quarantine facility while they await the result of their on arrival test.

The Government of Canada continues to assess the evolving situation, monitor case data, and adjust border measures as required.

Q11. Are Temporary Foreign Workers eligible for EI benefits if they lose their jobs?

A11. Temporary foreign workers are subject to the same Employment Insurance (EI) eligibility criteria as Canadians and permanent residents. The EI Program requires EI regular benefits claimants, including temporary foreign workers, to actively look for work and to accept suitable job offers. Foreign workers can receive EI regular benefits, provided they meet program requirements while in Canada.

Current measures in place for EI will allow workers to qualify for benefits with only 420 hours no matter where they may live. Claimants will receive a minimum of 14 weeks of benefits based on current EI rules.

Q12. What is the Government doing to address labour shortages?

A12. The Government of Canada is taking action to address labour shortages across various sectors through a long-term, multi-pronged approach. We have made the largest investment in training for workers in Canadian history, and we are developing a sector-specific Agricultural Labour Strategy to help address long-standing labour gaps. Moving forward, we’ll also continue to address this issue by welcoming talented workers to Canada, introducing $10 a day day-care that will allow parents to return to work more quickly, supporting training and employment programs for youth, boosting the participation of diverse Canadians and addressing the specific needs of evolving sectors. COVID-19 has exacerbated existing labour shortages, and that is why our government established the Canada Recovery Hiring Program and Hardest-Hit Business Program to support impacted employers during this difficult time.

In Canada’s agricultural sector, we know that temporary foreign workers play a particularly important role. That’s why we established a whole-of-government approach to simplify the Temporary Foreign Worker Program and facilitate the safe entry of these workers. Since 2020, the Government of Canada has taken measures to improve flexibility and reduce the administrative burden for employers, including but not limited to the following:

• employers are not required to submit minor administrative changes to the LMIA that would not change the terms and conditions
• the maximum job duration under LMIAs was increased from 1 to 2 years for employers of workers in the low-wage stream as part of a three-year pilot
• name addition and change requests have been expedited if they are for reasons related to COVID-19 or for eligible TFWs already in Canada

As highlighted in the Minister’s mandate letter, we are also going to establish a Trusted Employer System to streamline application processes for Canadian companies hiring temporary foreign workers, while strengthening integrity measures to ensure temporary foreign workers work in a safe environment. We continually review program policies to ensure they reflect the latest economic conditions, and actively work with provinces and territories to understand and help meet their labour needs while also ensuring the rights and protections of workers.

Q13. What specifically is the Government doing to address labour shortages in Quebec?

A13. Under the Temporary Foreign Worker Program, Employment and Social Development Canada determines whether employers can hire a foreign worker to fill a labor or skills shortage on a temporary basis. To this end, ESDC reviews applications for Labour Market Impact Assessments submitted by employers. In Quebec, a Quebec Acceptance Certificate produced by the Quebec Ministry of Immigration, Francisation and Integration must also be obtained before a work permit for workers can be issued by Immigration, Refugees and Citizenship Canada through a parallel process.

In August 2021, the Government of Canada announced an agreement with the Government of Quebec, which will allow the introduction of new flexibilities for Quebec employers under the Temporary Foreign Worker Program. This new initiative, based on collaboration between the Government of Canada, the Government of Quebec and Quebec labor market partners, allows Quebec employers to benefit from the following measures:

• an increase from 10% to 20% of the maximum number of temporary foreign workers occupying low-wage positions and employed in certain economic sectors designated by Quebec following consultation with labor market partners
• an exemption from job advertisement and recruitment requirements for a greater number of professions designated by Quebec
• an exemption from the policy on the refusal to process Labor Market Impact Assessment applications in certain geographic regions designated by Quebec following consultation with labor market partners

This year, we received a large number of requests for Labor Market Impact Assessments, particularly in Quebec. Additional resources and measures have been put in place to improve processing times.

5. Temporary Foreign Worker program - Inspection regime

Issue

Due to media coverage regarding temporary foreign workers’ accommodations, here is an outline of the program inspection regime.

Key facts

During fiscal year 2021 to 2022, as of February 27, 2022, a total of 2,040 inspection cases were launched (not limited to agriculture and agri-food employers). During the same period:

• 2,743 cases were completed
• 37% of employers were brought into compliance by educating them on their responsibilities and on how to provide acceptable justifications to the program. Of the 12% of employers found non-compliant, about 2% were found non-compliant and received a warning, and about 10% were assessed a penalty and/or program ban
• sixteen employers were found non-compliant with COVID-19-related conditions
• and an additional 314 employers were found non-compliant with pre-COVID-19-related conditions and received a monetary penalty and/or ban from the program. Other inspections underway could increase the number of employers found non-compliant

Response

• The Government takes the integrity of the Temporary Foreign Worker Program very seriously and will not tolerate any abuse or misuse of the program
• Under the Temporary Foreign Worker Program, the Department has the authority to visit employer’s worksites with or without advance notice and inspect the employer’s activities to ensure they align with Program conditions
• Budget 2021 announced $54.9 million over 3 years, starting in 2021 to 2022, to ESDC and IRCC, to increase inspections of employers and ensure temporary foreign workers have appropriate working conditions and wages
• Non-compliant employers can face a range of consequences, including monetary penalties of up to $1 million, and a temporary or permanent ban from the program.

Background

The Temporary Foreign Worker Program plays a key role in supporting Canada’s economic growth by assisting employers in meeting their labour requirements, only when qualified Canadians and permanent residents are not available. At the same time, when they are needed, our government has a responsibility to protect temporary foreign workers from exploitation and abuse.

ESDC has the authority to visit employer’s worksites with or without advance notice and inspect the employer’s activities to ensure they align with Program conditions. Inspections may be conducted up to 6 years from the first day of employment of the temporary foreign worker.

Authorities for the Temporary Foreign Worker Program compliance regime fall under the Immigration and Refugee Protection Act and Regulations.

Since April 2018, about 43% of employers inspected that were initially found non-compliant had to take corrective action to address the issues identified. About 3% of employers were found non-compliant and received a sanction and/or ban from using the program and had their information posted to a public-facing website managed by Immigration, Refugees and Citizenship Canada.

Issues most commonly detected include issues with wages, working conditions and/or employers not providing the necessary documentation to demonstrate compliance.

On April 20, 2020, amendments to the Immigration and Refugee Protection Regulations came into effect, which gave Service Canada inspection staff the authority to inspect 6 new conditions related to COVID-19. For employers, these amendments mean that they have a specific responsibility to help prevent the introduction and spread of COVID-19.

In addition, penalties for these conditions were adjusted; reflecting the severity, that non-compliance with these measures could have on workers and the general public. Penalties for non-compliance to these new measures can range from $1000 to $1 million, depending on the size of the business, the number of violations, and the number and severity of the workers affected. Non-compliance could also result in a ban on hiring workers in the future, and/or the publication of the employer’s name on a public list of non-compliant employers.

On April 24, 2020, the Government initiated new inspections during the worker’s quarantine period to verify employer compliance to the 6 new conditions, to ensure employer obligations are not preventing the worker from complying with Quarantine Act requirements. Due to the time-sensitive nature and to safeguard health, these inspections were initially conducted mainly virtually.

On July 31, 2020, Minister Qualtrough and Minister Bibeau announced $58.6 million to strengthen the Temporary Foreign Worker Program and safeguard the health and safety of Canadians and temporary foreign workers from COVID-19. It included an investment of $7.4M to increase support to temporary foreign workers, including $6M for direct outreach to workers delivered through migrant worker support organizations.

Budget 2021 announced $54.9 million over 3 years, starting in 2021 to 2022, to ESDC and IRCC, to increase inspections of employers and ensure temporary foreign workers have appropriate working conditions and wages.

The Government is continuing to strengthen its efforts to protect workers, employers and communities by mitigating the spread of COVID-19. This includes increasing the number of inspections of high-risk employers, including those in the agricultural sector, conducted during the quarantine period to improve employer compliance.

Maintaining high-quality standards for the integrity of the Temporary Foreign Worker Program remains a top priority, and is a collective effort throughout the Service Canada regions across Canada.

The Government continues to strengthen its partnerships with provinces to establish joint strategies to better target and coordinate inspection efforts.

To further support workers, the Government now has agreements in place with migrant worker organizations to provide direct assistance to workers affected by COVID-19.

Additionally, the Government has improved its tip line, which is available to anyone, to report suspected fraud or abuse of the program and the Government has also increased its liaison officer capacity.

Key notes

n/a

Prepared by

Chris Plant, Director, Integrity Services Branch, (819) 654-8474

Key Contact

Caroline Harès, Director General, Temporary Foreign Workers Program, (438) 892-1958

Approved by

Mary Crescenzi, ADM Integrity Services Branch, (416) 895-5637

Date

Date approved in COOO, 2022-03-24

6. Unannounced on-site inspections for the Temporary Foreign Worker Program

Issue

Does the Temporary Foreign Worker Program conduct unannounced on-site inspections?

Key facts

• Prior to the pandemic, in 2018 to 2019, the Program conducted (initiated and completed) 2,057 on-site inspections, of which 614 (30%) were unannounced and 1,443 (70%) were announced
• In 2019-2020, 2,600 inspections had on-site activities, of which 1,056 (40%) were unannounced and 1,544 (60%) were announced
• The Department completed 442 unannounced inspections in 2019 to 2020 compares to 2018 to 2019, which represents an increase of 72% in the volume of unannounced inspections completed year over year
• Due to the pandemic, ESDC adapted to changing public health directives and crisis conditions by quickly developing a new virtual inspection regime. As such on-site inspections were significantly reduced. Unannounced inspections may take place only if the Department is made aware of potential egregious activities
• In 2020 to 2021, the Program conducted (initiated and completed) 6,875 inspections with 114 inspections having on-site activities (2%), of which 7 (6%) were unannounced and 107 (94%) were announced
• In 2021 to 2022 (as of February 27, 2022), the Program conducted (initiated and completed) 4,760 inspections with 224 having on-site activities (5%), of which 40 (18%) were unannounced and 184 (82%) were announced

Response

• The Department takes seriously all allegations of abuse against temporary foreign workers or misuse of the Program
• Based on advice and recommendations by Parliament, the Department implemented unannounced onsite inspections in 2018
• Conducting unannounced on-site inspections increases the Department’s ability to protect foreign workers
• During the COVID-19 pandemic, only a limited number of unannounced inspections could be conducted due to public health restrictions, with the vast majority of inspections conducted virtually
• Following public health provisions, the Department will continue to conduct virtual inspections in 2022 to 2023. As per the Department’s approach since the onset of pandemic, on-site visits will be conducted whenever deemed necessary
• When allowed by public health provisions, unannounced on-site inspections will remain the preferred method of inspection in instances where serious allegations of employer non-compliance and egregious issues are received by the Program
• The resumption of regular operations with the majority of inspections to be conducted with an on-site component, including unannounced visits, remains dependent on the evolution of the pandemic

Background

Unannounced inspections were launched in February 2018 in response to the recommendations from the Auditor General of Canada 2017 Spring Report and are an important addition to the Department’s compliance activities aimed at targeting the most serious cases of potential abuse. Evidence gathered through consultations with a broad range of compliance-based federal, provincial and municipal organizations highlight the importance of this type of inspection in identifying cases of abuse and exploitation

Budget 2018 provided 3 years of funding for unannounced on-site inspections, covering fiscal years 2018 to 2019 to 2020 to 2021

Since March 2020, and throughout the COVID-19 pandemic, the Department’s ability to conduct unannounced visits was limited. Based on information from the Public Health Agency of Canada, there is a requirement to plan a safe visit with employers prior to conducting on-site visits to ensure the safety of the employer, and respect the rules physical distancing set by the Province and municipalities

In instances where information has been received about potential egregious activities, an on-site inspection, whether announced or unannounced, is planned. If an announced on-site inspection is planned, the employer is contacted in advance to schedule the visit (date and time) and a 24-hour confirmation occurs to remind the employer of the visit

Key quotes

n/a

Prepared by: Chris Plant, A/Director, ISB, (819) 654-8474

Key Contact: Chris Plant, A/Director, ISB, (819) 654-8474

Approved by: Mary Crescenzi, ADM, ISB, (819) 654-4826

Date: March 1, 2022

7. Subject – Temporary Foreign Worker Program – Refusal to process policy rollback

Issue

The Temporary Foreign Worker (TFW) Program’s COVID-19 interim policy to refuse to process Labour Market Impact Assessment applications for certain low-wage occupations, regardless of region, was adjusted on October 24, 2020.

Key facts

Effective October 24, the COVID-19 interim Refusal to Process policy was adjusted to allow for the processing of Labour Market Impact Assessment (LMIA) applications for occupations in accommodations and food services, and retail trade sectors in regions with an unemployment rate below 6%

Response

• The TFW Program helps employers address temporary labour and skill shortages while ensuring that Canadians have the first opportunity at available jobs
• During the pandemic, Employment and Social Development Canada stopped accepting applications for foreign workers in certain low-wage jobs
• This decision was made to help Canadian job-seekers at a time of record unemployment, and to protect foreign workers from being laid off in the case where an employer is ordered to close by their provincial or territorial government
• While the path of the pandemic remains uncertain, there are strong signs of labour market recovery, and there are increasing job vacancies in many sectors
• On October 24, Employment and Social Development Canada started accepting applications for low-wage jobs in the accommodation, food and retail sectors where the regional unemployment rate is below 6%
• Moving forward, we will continue to monitor economic conditions and make adjustments that support both workers and employers in recovery

Background

A key pillar of the TFW Program is the protection of the Canadian labour market by ensuring that Canadians and permanent residents are considered first by employers for available positions. Evidence suggests that when the unemployment rate is 6% or higher, the local labour supply should meet employers’ demand, especially for positions that require little education and provide on-the-job training. These jobs are important footholds into the labour market for many Canadians, including those groups that are currently underrepresented, such as vulnerable youth, Indigenous Peoples, newcomers to Canada and persons with disabilities.

Effective June 20, 2014, in accordance with section 30(1.43)(c) of the Immigration and Refugee Protection Act, using Ministerial Instructions under public policy considerations, Employment and Social Development Canada initiated a refusal to process for certain LMIA applications for positions at the National Occupation Classification (NOC) C/D skill level, in the Accommodation and Food, and Retail Trade Sectors, in economic regions where the posted unemployment rate is at or over 6%. Given its unique labour market conditions, the economic region of Yellowknife is exempt from this Refusal to Process policy.

This policy covers occupations employed by establishments classified under the North American Industry Classification System as:

Accommodation and Food Services (code 72) or Retail Trade (code 44-45), that are located in economic regions with high unemployment (6% or higher), and listed in the table below:

NOC Codes: 6611

Occupational Title: Cashiers

NOC Codes: 6622

Occupational Title: Store shelf stockers, clerks and order fillers

NOC Codes: 6711

Occupational Title: Food Counter Attendants, Kitchen Helpers and Related Support Occupations

NOC Codes: 6541

Occupational Title: Security Guards and Related Security Service Occupations

NOC Codes: 6731

Occupational Title: Light Duty Cleaners

NOC Codes6732

Occupational Title: Specialized Cleaners

NOC Codes6733

Occupational Title: Janitors, Caretakers and Building Superintendents

NOC Codes6721

Occupational Title: Support occupations in accommodation, travel and facilities set-up services

NOC Codes7611

Occupational Title: Construction Trades Helpers and Labourers

NOC Codes8612

Occupational Title: Landscaping and Grounds Maintenance Labourers

In response to widespread unemployment due to the COVID-19 pandemic, an interim Refusal to Process policy was introduced effective May 8, 2020. Under the interim policy, all regions in Canada were considered to have unemployment rates of at least 6% and officials were refusing any applications for the 10 specified low-wage occupations.

The Program has been monitoring economic and labour market information for signs of recovery from the pandemic. According to Statistics Canada Labour Force Survey’s three-month moving average, the national unemployment rate in December 2021 was 5.7%, down from a peak of 13.1% in June 2020. In addition to the rollback, the TFW Program started using an economic region’s three-month moving average unemployment rate to help ensure that the policy is more reflective of recent labour market conditions.

Specifically, certain regions in Canada are showing signs of emerging tightness in the labour market. About 60% of economic regions (39 out of 66) currently have 3-month unemployment rates below 6%, including most of Quebec and a number of regions in New Brunswick, Ontario, Manitoba, Saskatchewan and British Columbia (Statistics Canada Labour Force Survey, December 2021).

Regions that continue to experience unemployment rates at or above 6% will continue to be subject to the baseline Refusal to Process policy.

To ensure that the policy continues to reflect current labour market conditions, unemployment rates will be posted quarterly (October, January, April, July), using the latest three-month average available from Statistics Canada, until further notice.

Prepared by: Christopher Chevrier, Director, Policy and Program Design 819-654-3233

Key contact: Brian Hickey, Director General, Temporary Foreign Worker Directorate 613-462-2595

Approved by: Elisha Ram, AADM, Skills and Employment Branch

Date: Date approved in SADMO / COO

8. Subject – Temporary Foreign Worker Program – Québec Pilot

Object

In August 2021, a specific agreement with Québec was reached to allow greater flexibility regarding the Temporary Foreign Worker (TFW) Program for employers in Québec.

Highlights

In August 2021, an agreement was signed between the Ministers of Employment and Skills Development Canada (ESDC), Immigration, Refugees and Citizenship Canada (IRCC), the Ministère de l’Immigration, de la Francisation et de l’Intégration along with the Ministère du Travail, de l’Emploi et de la Solidarité sociale (Québec) to grant additonal flexibility to Québec under a pilot project for the Temporary Foreign Worker (TFW) Program and the International Mobility Program. The agreement provides for the following:

• increase the maximum number of TFW that an employer can hire to 20% for low-wage positions in industrial sectors as determined by Québec, following consultations with labour market stakeholders
• exempt micro-economies (meaning small geographic regions displaying distinct labour market conditions) from the refusal to process policy for certain positions in the accommodation and food service sector, and the retail trade sector, located in economic regions with an unemployment rate of 6% or more, following consultations with labour market stakeholders
• allow occupations at Skill Level C according to the National Occupational Classification (NOC) to be eligible for facilitated processing, which is a Québec-specific process that reduces the administrative burden on employers when the time comes to apply for a Labour Market Impact Assessment (LMIA)
• waive the requirement for employers to prove their recruitment efforts for certain professions at Skill Level D of the NOC, which have been determined by Québec in collaboration with labour market stakeholders

Reply

• The TFW Program helps employers to meet urgent workforce needs when Canadians are not available
• In August, the Gouvernement du Québec  and federal government announced a pilot project offering additional flexibility for employers of Québec in sectors facing extreme skill and labour shortages
• My public officials are working closely with their counterparts in Québec to implement a series of measures over the coming months
• In fact, the first measure was implemented on December 6th to allow employers in Québec to benefit from a streamlined process upon hiring foreign workers for specific, sought-after positions
• A second measure raising the limit of workers that can be hired for low-wage positions in certain sectors was implemented on January 10, 2022
• The government is committed to collaborating with all its provincial and territorial partners to support economic recovery

Context

• The TFW aims to provide employers with access to TFW on a temporary basis when qualified Canadians and permanent residents are not available, to ensure that Canadians and permanent residents have the opportunity to be given first access to job vacancies, and to ensure that foreign workers are protected
• The decision-making authority of the LMIA evaluation process is the responsibility of the Minister of Employment and Social Development
• In the event of a foreigner looking to work in the province of Québec, the evaluation provided by Employment and Social Development Canada (ESDC) must be carried out in agreement with the Ministère de l’Immigration, de la Francisation et de l’Intégration  (MIFI) of Québec
• The 1991 Canada-Québec Accord Relating to Immigration, grants the Gouvernement du Québec , among other things, the power to consent to admitting temporary residents wishing to work in Québec and to require a labour market assessment
• Employers wishing to hire foreign workers under the TFW Program must receive the approval of ESDC and the MIFI before IRCC may issue a work permit
• Given the growing labour shortages in the province, Québec seeks to collaborate with the federal government regarding immigration reforms aimed at addressing the labour shortages
• Québec seeks greater involvement in the TFW Program and over the years has submitted various requests over the years for this purpose
• On August 4th, 2021, an agreement was signed between ESDC, IRCC, the Ministère de l’Immigration, de la Francisation et de l’Intégration , along with the Ministère du Travail, de l’Emploi et de la Solidarité sociale , which provides for the following:
• increase the maximum number of TFW that an employer can hire to 20% for low-wage positions in industrial sectors as determined by Québec, following consultations with labour market stakeholders
• exempt micro-economies (meaning small geographic regions displaying distinct labour market conditions) from the refusal to process policy for certain positions in the accommodation and food service sector, and the retail trade sector, located in economic regions with an unemployment rate of 6% or more, following consultations with labour market stakeholders
• allow occupations at Skill Level C according to the National Occupational Classification (NOC) to be eligible for facilitated processing, which is a Québec-specific process that reduces the administrative burden on employers when the time comes to apply for a LMIA
• waive the requirement for employers to prove their recruitment efforts for certain professions at Skill Level D of the NOC, which have been determined by Québec in collaboration with labour market stakeholders
• On October 29th, Québec provided the list of sectors and professions that would benefit from the agreed upon easing measures
• The measure to exempt employers from the requirement to prove their recruitment efforts came into effect on December 6th, while the limit increase to 20% for certain sectors was implemented on January 10th
• Although Québec has not yet submitted a list of micro-economies to be exempted from the refusal to process policy, ESDC is working with the MIFI to implement the measure to make professions at Level C of the NOC eligible for facilitated processing at the beginning of 2022
• ESDC is also working to improve access to training and skills development to allow Canadians (including those residing in Québec) to fully participate in the labour market and to fill available positions. This includes, but is not limited to, improving information on the labour market and Job Bank

Quotations

“A strong workforce is an essential element to Canada’s economic recovery and long-term economic growth. As such, our government is updating the TFW Program to assist in immediately filling labour shortages in Québec. We will always work in close collaboration with provinces and territories to meet employers’ needs across the county.”

– Minister of Employment, Workforce Development and Disability Inclusion Carla Qualtrough

“Québec employers in the agri-food sector have been severely affected by the labour shortage. As a result of close collaboration between Ottawa and Québec, this pilot project will allow businesses to recruit more temporary foreign workers and ease the pressure on their operations.”

– Minister of Agriculture and Agri-food, Marie-Claude Bibeau

Prepared by: Christopher Chevrier, Director, Policy and Program Design 819-654-3233

Expert-adviser: Brian Hickey, Director General, Temporary Foreign Worker Directorate 613-462-2595

Approved by: Elisha Ram, Associate Assistant Deputy Minister, Skills and Employment Branch

Date: Date of approval by the ADMO and EC 2022-03-24

9. Subject - Employment insurance and temporary foreign worker access

Issue

Can temporary foreign workers in Canada access EI benefits if they lose their employment?

Response

• All workers in Canada, including foreign workers, are entitled to EI benefits, provided that they meet qualifying and entitlement conditions
• All claimants must be available for work in Canada to be eligible for EI regular or sickness benefits. for foreign workers, this usually means that they must have a valid work permit and social insurance number that allows them to legally work in Canada
• Foreign workers who lose their jobs through no fault of their own, and who are legally permitted to seek new employment, may be able to demonstrate that they are available for work, and may be eligible to receive EI regular benefits
• Each year, foreign workers receive EI benefits, including regular, maternity, parental, caregiving and sickness benefits

Background

All workers in insurable employment in Canada, including foreign workers, pay employment insurance (EI) premiums regardless of the industry in which they are employed and irrespective of whether they have an expectation of receiving benefits. Virtually all employment in Canada, where there is an employer-employee relationship, is insurable under EI.

All contributors, including foreign workers, are entitled to EI benefits, provided that they meet qualifying and entitlement conditions applicable to all insured workers in Canada.

For foreign workers, this usually means that they must have a valid work permit issued by Immigration, Refugees and Citizenship Canada (IRCC) and a valid social insurance number (SIN) issued by Service Canada that allows them to legally work in Canada in order to prove availability for work and be eligible for EI regular and sickness benefits. Absence from Canada automatically disentitles a claimant from these benefits unless the reason for the absence falls within those prescribed in the EI Regulations.

However, claimants do not have to prove availability for work to receive maternity, parental and caregiving benefits. Claimants who meet eligibility criteria for these benefits may receive them while they are outside Canada, as long as their SIN remains valid.

Generally, foreign workers can only demonstrate availability to accept work if they possess a work permit which allows them to work in Canada. However, a claimant who does not currently possess a work permit is not automatically considered unavailable for work.

Foreign workers who are allowed to remain in Canada after their work permit expires, and have applied to extend the work permit before it expired, may receive benefits pending receipt of the new work permit – this worker has “implied status” from IRCC.

A foreign worker whose work permit includes a restriction that only allows them to work for a specific employer, is not normally considered to be available to accept work, and may be disentitled from collecting benefits. However, the simple fact that the work permit restricts the worker to 1 employer is not the only factor to be considered when determining the claimant’s availability. In some circumstances, the claimant may be seeking work and agree that once they receive an offer of employment from a new employer, they will contact IRCC and apply to have the restriction on their work permit removed.

Consequently, the lack of a work permit is not the only factor to be considered when determining availability. The EI Commission must take into account all factors normally considered when determining a claimant’s availability.

Prepared by: Joel Reimer

Key contact: Senior Advisor, Employment Insurance Policy, Steven Coté Executive Director, Employment Insurance Policy 819-576-2722

Approved by: Elisha Ram, AADM, Skills and Employment Branch, 819-654-5212

Date: 26 Jan 2022

10. Subject - Labour Shortages

Issue

What is the federal government doing to resolve labour shortages across Canada?

Key facts

As the economy recovers, employers are having a hard time finding the workers they need. Statistics Canada reported close to 1 million vacancies in the autumn of 2021, almost twice as many vacancies as reported before the pandemic.

The Government of Canada announced over $2.1 billion in funding through fall 2020 Economic Statement and Budget 2021 to meet the need for a skilled and job-ready workforce as the economy recovers.

Response

• Through the 2020 Fall Economic Statement and Budget 2021 the Government of Canada invested over $2.1 billion in funding in federal training programs. We also increased bilateral labour market transfers to the provinces and territories.
• These investments are:
• supporting youth, the next generation of Canadian workers, to prepare for and find employment
• aiding workers to retrain and upskill
• increasing workforce participation and diversity
• helping international talent apply their skills in our labour market and
• addressing the specific needs of evolving sectors

Background

The Government of Canada announced over $2.1 billion in funding through Budget 2021 to meet the need for a skilled and job-ready workforce as the economy recovers.

Sectoral Workforce Solutions Program

Budget 2021 announced $960 million over 3 years, beginning in 2021 to 2022, for a new Sectoral Workforce Solutions Program. Working primarily with sector associations and employers, funding will help design and deliver training that is relevant to the needs of businesses, especially small and medium-sized businesses, and to their employees. This funding will also help businesses recruit and retain a diverse and inclusive workforce.

Apprenticeship service

Budget 2021 announced $470 million over 3 years, beginning in 2021 to 2022, to establish a new Apprenticeship Service. The Apprenticeship Service will help 55,000 first year apprentices in construction and manufacturing Red Seal trades connect with opportunities at small and medium-sized employers.

Skills for success

Budget 2021 announced $298 million over 3 years, beginning in 2021 to 2022, for a new Skills for Success program that will help Canadians at all skills levels improve their foundational and transferable skills.

Indigenous Skills and Employment Training (ISET) Program

The ISET Program invests over $408 million per year to assist Indigenous peoples to gain skills and find jobs that will support their long-term career success.

In the fall 2020 Economic Statement, an additional $144.2 million was invested in the ISET program for responding to COVID-19 pressures, to help those most affected, enhance capacity of service delivery organizations, and improve labour market information.

Youth Employment and Skills Strategy

Budget 2021 announced $109.3 million in 2022 to 2023 for the Youth Employment and Skills Strategy to better meet the needs of vulnerable youth facing multiple barriers to employment, while also supporting over 7,000 additional job placements for youth. This builds on funding announced in the fall 2020 Economic Statement, which is expected to result in over 30,600 new placements in 2021 to 2022.

Opportunities Fund

The fall 2020 Economic Statement announced $65 million for the Opportunities Fund for Persons with Disabilities.

Community Workforce Development Program

Budget 2021 announced $55 million over 3 years, starting in 2021 to 2022, for a Community Workforce Development Program. The program will support communities to develop local plans that identify high potential growth organizations and connect these employers with training providers to develop and deliver training and work placements to upskill and reskill jobseekers to fill jobs in demand.

Women’s Employment Readiness (WER) Pilot Program

To bolster training supports for those hardest hit by the pandemic, the government invested $50 million through the fall 2020 Economic Statement for a two-year pilot program targeting women who face multiple barriers to employment.

This targeted investment expands current programming that we know works and will fill gaps so that Canadians can improve their skills and employment outcomes.

Foreign Credential Recognition Program

Through the Foreign Credential Recognition Program, the Government helps address employment barriers specific to skilled newcomers. The Program provides funding to provinces, territories and regulatory bodies to improve foreign credential recognition processes. It also funds organisations to provide employment support services and loans to help skilled newcomers get jobs and have their foreign credentials recognized.

The 2020 Fall Economic Statement announced additional funding of $15 million for 2021 to 2022.

Work-Sharing

Budget 2021 extended temporary enhancements to the Work-Sharing Program introduced as part of Canada’s COVID-19 Economic Response Plan. During the pandemic, these measures have supported over 150,000 workers, and averted 70,000 layoffs, to the benefit of over 4,800 employers.

Labour Market Transfers

Each year, the Government of Canada provides over $3 billion for individuals and employers to obtain skills training and employment supports through bilateral labour market transfers with provinces and territories. These include the Labour Market Development Agreements (LMDAs) and the Workforce Development Agreements (WDAs). Through Budget 2017, the Government of Canada provided an additional $2.7 billion over 6 years, which ends in 2022 to 2023.

In response to the COVID-19 pandemic, an additional $1.5 billion in funding was provided in 2020 to 2021.

Over a million individuals and employers benefit from training and employment supports funded by these agreements each year.

The LMDAs - the larger of the 2 transfers - fund training and employment programs for current and former EI claimants, as well as individuals who have made minimum EI premium contributions in at least 5 of the last 9 years. In addition, the LMDAs are used to fund employment assistance services for all individuals, regardless of their connection to EI.

The WDAs, fund training and employment supports for individuals and employers regardless of their employment status, including those that have no ties to the EI program. The WDAs include specific funding targeted for persons with disabilities, and are used to support members of underrepresented groups. The agreements also allow to provide supports to employers seeking to train current or new employees.

Temporary Foreign Worker (TFW) Program Flexibilities

The TFW Program remained available to employers throughout the pandemic and continues to be an option for employers unable to fill vacant positions with Canadians and permanent residents.

• Since 2020, the Government of Canada has taken measures to improve flexibility and reduce administrative burden, including:
• increasing the maximum duration of TFW employment from 1 to 2 years
• extending the work period for essential Seasonal Agricultural Workers to 9 months in order to accommodate the quarantine period
• reducing the need for employers to submit minor administrative changes to Service Canada and
• expediting change requests for reasons related to COVID-19 or for eligible TFWs already in Canada
• As well, the TFW Program prioritized applications for those occupations considered essential during the pandemic, such as those in agriculture and health care
• Effective October 24, 2021, the COVID-19 interim Refusal to Process (RTP) policy was adjusted to allow for the processing of Labour Market Impact Assessment applications for certain low-wage occupations in accommodations, food services, and the retail trade sectors in regions with an unemployment rate below 6%.This decision was made in response to strong signs of recovery in the labour market, including a falling unemployment rate and increasing job vacancies in many sectors

11. Subject - Supports for Temporary Foreign Workers

Issue

The Government of Canada has made significant investments to increase protections for temporary foreign workers and ensure they continue to safely enter Canada.

Key facts

• Airport orientation services have been provided to over 44,630 TFWs upon arrival in 4 major Canadian airports since February 2019 (Vancouver, Calgary, Toronto, and Montréal)
• Community-based supports have been provided to over 220,400^{Footnote 5} TFWs since February 2019, in all provinces except Newfoundland and Labrador
• From February 2019 to January 2022, the Government has provided a total of $19.3M in funding to 6 non-profit organizations supporting TFWs across Canada
• In December 2021, Minister Qualtrough approved the extension of all 6 funding agreements to September 30, 2022, for an additional $6.665M
• The 6 non-profit organizations receiving funding are:
• S.U.C.C.E.S.S.
• Affiliation of Multicultural Societies and Service Agencies of British Columbia (AMSSA)
• Multilingual Orientation Services Association for Immigrant Communities (MOSAIC)
• Calgary Catholic Immigration Services (CCIS)
• United Church of Canada (KAIROS)
• Immigrant Québec
• Four of the 6 organizations have also invested and redistributed this funding through sub-agreements with over 50 community organizations, who provide services and information directly to TFWs in the communities where they live and work

Response

• The Government of Canada has made significant investments to increase protections for temporary foreign workers and ensure they continue to safely enter Canada
• Since 2019, the Government has invested $19.3M through non-profit organizations to support TFWs across Canada by informing them of their rights and responsibilities, providing community-based and emergency supports, and supporting with vaccination efforts, isolation and quarantine, and airport orientation throughout all waves of the pandemic, in a time of ever-changing public health guidelines
• Since February 2019, over 44,630 TFWs have received on-arrival services at 4 major Canadian airports. Over 220,400 TFWs have received community-based supports across Canada, in all provinces except Newfoundland and Labrador
• Furthermore, Budget 2021 committed $49.5M over 3 years to implement the new Migrant Worker Support Program to better support TFWs to learn about and exercise their rights while living and working in Canada. This is part of the Government’s broader commitment to protect TFWs from mistreatment and abuse by addressing the power imbalance between employers and TFWs

Background

The TFW (Temporary Foreign Worker) Program provides employers with access to foreign labour on a temporary basis when Canadians and permanent residents are not available. Concurrently, the TFW Program also seeks to protect TFWs working in Canada from mistreatment, and to help TFWs overcome barriers to learning about and exercising their rights, as well as accessing services.

Since February 2019, the Government has funded supports for TFWs through the pilot Migrant Worker Support Network in British Columbia (B.C.), a Budget 2018 commitment. The pilot provided contribution funding to 3 non-profit organizations to provide migrant worker-centric supports and information for TFWs in B.C.

Furthermore, as part of the July 2020 Cabinet commitment to complement supports already provided in B.C., the Department funded an additional 3 organizations in December 2020 through the Public Health Events of National Concern Payments Act to support TFWs affected by COVID-19 across Canada, with a particular focus on the agriculture sector.

The 6 projects continue to provide important supports to migrant workers, particularly in response to COVID-19 impacts. Through these projects, TFWs receive airport orientation services in Vancouver, Calgary, Toronto, and Montréal, and community supports in all provinces, with the exception of Newfoundland and Labrador. Community organizations have played a critical role by informing TFWs of their rights and responsibilities amidst the pandemic and by liaising with government and community agencies for vaccination efforts, isolation and quarantine support, and airport orientation in a time of ever-changing public health guidelines, throughout all waves of the pandemic.

As of January 2022, the Government has provided a total of $19.3M in funding to 6 non-profit organizations supporting TFWs across Canada. In December 2021, Minister Qualtrough approved the extension of all 6 funding agreements to September 30, 2022, for an additional $6.665M.

In parallel, Budget 2021 committed $49.5M over 3 years, starting in 2021 to 2022, to implement the new Migrant Worker Support Program to further increase the protection of TFWs and ensure they continue to safely enter Canada while contributing to its economy.

The objective of the Migrant Worker Support Program is to better support TFWs to learn about and exercise their rights while living and working in Canada. This objective is part of the Government’s broader commitment to protect TFWs from mistreatment and abuse by addressing the power imbalance between employers and TFWs.

Key quotes

Since the beginning of the COVID-19 pandemic, the Government of Canada has made significant investments to increase protections for migrant workers.

Prepared by: Victoria Song Manager Program Operations Branch

Key contact: Jacinthe David Program Operations Branch Telephone # 613-404-6948

Approved by: Nisa Tummon ADM, Program Operations Branch 613-218-4998

Date: 2022-01-20

12. Subject - Interdepartmental work during the COVID-19 pandemic

Issue

The Temporary Foreign Worker (TFW) Program is complex and managing issues arising from COVID-19 requires interdepartmental coordination and collaboration. This work is broad in scope and involves key partners, such as participating source countries, employer and worker associations, other Federal Departments and Provincial ministries.

Key facts

• Since March 2020, a number of important initiatives have been advanced to address the impact of COVID-19 on the TFW Program. Early on, Employment and Social Development Canada (ESDC) took action to exempt temporary foreign workers from restrictions into Canada, and implemented flexibilities to enable timely access to foreign workers, with a focus on agriculture and agri-food
• In February 2021, ESDC established an interdepartmental Tiger Team that took a whole-of-government approach to addressing the impact of the pandemic on workers and employers. This was fundamental to ensuring the health and safety of workers during the pandemic

Response

• The Government of Canada is focused on ensuring the safety of all workers during the COVID-19 pandemic
• The COVID-19 pandemic caused incredibly challenging situations for everyone, including temporary foreign workers
• We are committed to working with our federal partners, including the Public Health Agency of Canada and Immigration, Refugees, Citizenship Canada (IRCC) as well as source countries and our provincial counterparts to improve the health and safety conditions of Temporary Foreign Workers
• Throughout the pandemic, the Tiger Team regularly engaged with provinces, territories, and stakeholders, including partner countries, employer associations, and migrant worker support groups to coordinate the timely and safe arrival and departure of workers. This work ensured sufficient labour met the demand while also protecting the health and safety of workers. The Tiger Team also engaged in ongoing communication with employers, workers and the public, including providing guidance for employers and workers

Background

The TFW Program provides employers with access to foreign workers on a temporary basis when Canadians or Permanent Residents are not available, and seeks to protect foreign workers from mistreatment or abuse.

The TFW Program is co-delivered by ESDC and IRCC, and co-administered with the ministère de l’Immigration, Francisation et Intégration  (MIFI) in the province of Quebec. ESDC processes Labour Market Impact Assessments, which support work permit applications to IRCC.

The Government is communicating directly with employers and workers, producing multilingual guidance, and continues to engage with stakeholders and partners to facilitate understanding of these requirements. In addition, a pamphlet entitled “Temporary foreign workers: Your rights are protected” is available online in English, French and Spanish.

ESDC continues to work with provincial and territorial governments and other key stakeholders in the TFW Program to inform other potential policy and program changes designed to better protect the health and safety of Canadians and migrant workers.

Key quotes

n/a

Prepared by: Mathieu Bureau Manager, TFWP 819-230-1805

Key contact: Agata Frankowicz, Executive Directive, TFWP 613-618-4780

Approved by: Elisha Ram Assistant Deputy Minister

Date: February 10, 2022

13. Subject – Amendments to the Immigration and Refugee Protection Regulations

Issue

What is the Government doing to protect migrant workers?

Key facts

• Temporary foreign workers have the same workplace protections and rights as Canadians and permanent residents, but their temporary status can make them more vulnerable to potential exploitation and abuse
• Following the COVID-19 regulatory amendments implemented in April 2020, in July 2021 the Government of Canada proposed a suite of fourteen (14) regulatory amendments to the Immigration and Refugee Protection Regulations (IRPR) as part of its ongoing actions to strengthen protections for temporary foreign workers
• The proposed amendments, whose development began even prior to the pandemic, are expected to improve the government’s ability to prevent bad actors from participating in the program, strengthen our ability to effectively conduct inspections and apply penalties for non-compliance, and directly improve the protection of vulnerable temporary foreign workers
• During the consultation process last summer through the Canada Gazette, Part I, more than 70 written submissions were received, and eleven virtual consultation sessions with targeted stakeholders were held
• Employment and Social Development Canada (ESDC) and Immigration, Refugees and Citizenship Canada (IRCC) are conducting analysis of this feedback in order to prepare a revised package of amendments that will move forward in spring 2022

Response

• Temporary foreign workers play a key role in supporting Canada’s economic growth by filling Canadian labour requirements when qualified Canadians and permanent residents are not available
• While temporary foreign workers have the same workplace protections and rights as Canadians and permanent residents under applicable federal, provincial and territorial legislation, there are several factors, such as their temporary status and their limited access to information on their rights, which can make them more vulnerable to potential exploitation and abuse
• Protecting migrant workers while they are in Canada is a priority for the Government. In addition to changes enacted last year in response to the COVID-19 pandemic, the Government is proposing important regulatory changes that will improve program integrity and compliance and directly improve the protection of vulnerable temporary foreign workers
• New employer requirements will improve our ability to prevent bad actors from participating in the program, and new authorities will strengthen our ability to effectively conduct inspections and apply penalties for non-compliance
• New program requirements will strengthen protections for foreign workers, by better providing them with information on their rights, ensuring access to private health insurance until provincial coverage begins, and prohibiting the charging of fees related to recruitment

Background

Temporary foreign workers play an essential role in Canada’s economy, they are critical to the competitiveness of sectors of the labour market that have had longstanding challenges in attracting Canadians.

The temporary status of temporary foreign workers and factors such as lack of information, language barriers, and lack of support to exercise their rights without fear of reprisal, can make them more vulnerable to potential exploitation and abuse.

The 2016 Report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities (HUMA) made a number of recommendations regarding temporary foreign worker protections.

Since 2016, the Government has taken action to improve the protection of temporary foreign workers, notably through the launch of the Migrant Worker Support Network in British Columbia, the introduction of unannounced on-site inspections of employers, and the establishment of open work permits for vulnerable workers.

In fall of 2021, the Office of the Auditor General released its Report on Health and Safety of Agricultural Temporary Foreign Workers in Canada during the COVID-19 Pandemic, which highlighted a number of critical issues for the Temporary Foreign Worker Program.

The COVID-19 pandemic has highlighted some longstanding challenges in protecting vulnerable temporary foreign workers. In response:

• On April 20, 2020, regulatory amendments were brought into force in response to COVID-19, which enable the enforcement of new requirements for employers of temporary foreign workers
• On July 31, 2020 Minister Qualtrough and Minister Bibeau announced $58.6 million to strengthen the TFW Program and safeguard the health and safety of Canadians and temporary foreign workers from COVID-19. It included an investment of $7.4M to increase supports to temporary foreign workers, including:
• $6M for direct outreach to workers delivered through migrant worker support organizations
• $900K dedicated to associated internal administrative and oversight costs, and
• $500K invested in the Job Bank platform to assist worker in finding new jobs

Minister Qualtrough’s January 2021 Supplementary Mandate Letter committed to continuing to fully support and protect workers who are vulnerable to COVID-19, and secure labour to fill workforce gaps in farming and food processing.

Budget 2021 announced:

• $49.5 million over 3 years to support community-based organizations in the provision of temporary foreign worker-centric programs and services, such as on-arrival orientation services and assistance in emergency and at-risk situations
• $54.9 million over 3 years to increase inspections of employers and ensure temporary foreign workers have appropriate working conditions and wages and
• $6.3 million to support processing and delivery of open work permits for vulnerable workers

In July 2021, the Government of Canada proposed a series of regulatory amendments to the IRPR. The proposed amendments were pre-published in the Canada Gazette, Part I, to solicit feedback from the public, industry stakeholders, and provinces and territories (P/Ts). More than 70 written submissions were received, and eleven virtual consultation sessions with targeted stakeholders were held concurrently.

ESDC and IRCC are conducting analysis of this feedback in order to prepare a revised package of amendments that will move forward in spring 2022.

Prepared by: Jennifer Gray 613-897-2500

Key contact: Veronique Demers 613-808-4369

Approved by: Agata Frankowicz Executive Director TFWP 613-618-4780

Date: January 27, 2022

14. Labour market impact assessment processing

Issue

The Temporary Foreign Worker (TFW) Program has seen a significant increase in overall demand and has taken measures to address a growing inventory of Labour Market Impact Assessment (LMIA) applications.

Key facts

• Labour Market Impact Assessment (LMIA) volumes, when excluding the Global Talent Stream, increased by 20% compared to the year-to-date forecasts. The Quebec Region has seen the biggest increase, at 52%
• The Global Talent Stream is experiencing a 43% increase compared to the year-to-date forecast with 5,574 LMIAs received (as of March 13, 2022)
• The overall Program inventory is at 11,981 pending applications as of March 13, 2022
• This fiscal year, through the introduction of facilitative measures and staff overtime, the Program maintained its service target for the Caregiver Stream (average processing time of 21 business days)
• The Agriculture, High-Wage, Low-Wage and Permanent Resident and Seasonal Agriculture Workers Program Streams are all currently below their Service Level target (by 1, 17, 7, 6 and 1 business days respectively)
• Between September 2021 and January 2022, Service Canada implemented significant streamlining measures. These measures have reduced the average number of minutes it takes to review a single file in the following streams and have improved productivity:
• high-wage: 20.75% time savings (2.14 hours out of approximately 10.32 hours)
• low-wage: 22.4% time savings (1.39 hours out of approximately 6.21 hours)
• agriculture: 57.08% time savings (2.28 hours out of approximately 4 hours)
• global Talent Stream: 17.5% time savings (1.2 hours out of approximately 6.85 hours)

Response

• Employer demand for the Temporary Foreign Worker Program has significantly increased given the impact of the pandemic on the labour market, placing ongoing pressure on the Service Canada processing network
• The Department has initiated a number of measures to ensure that employers receive timely decisions so that temporary foreign workers can enter Canada to support key industries, such as agriculture and agri-food
• The Department has taken concrete action, including hiring more staff and implementing significant streamlining measures in September 2021 and January 2022 to speed up productivity and process applications from employers more quickly
• Service Canada has seen a 97% increase in its productivity since January 2022 (when compared with its average productivity prior to implementing both streamlining measures), and is now processing on average 1,876 applications per week

Background

• The Temporary Foreign Worker Program is designed to be responsive to the Canadian labour market by ensuring that Canadians and Permanent Residents are first considered for available jobs
• The Labour Market Impact Assessment (LMIA) process is the key labour market test that provides the government with assurances that hiring temporary foreign workers will not have a negative impact on the Canadian labour market
• The Program aims to strike a balance between protecting the Canadian Labour Market, informing employers of their obligations and protecting workers once they arrive
• The Program, when excluding the Global Talent Stream, has seen an increase of 20% in Labour Market Impact Assessment (LMIA) volume compared to the year-to-date forecasts, with the Quebec Region seeing a 52% increase. Through the introduction of facilitative measures and staff overtime, the Program’s inventory has decreased by approximately 700 since January 2022, and is at 11,981 pending applications as of March 13, 2022
• For fiscal year 2021 to 22, the Program has maintained its service target for the Caregiver Stream (average processing time of 21 business days), and the Agriculture, High-Wage, Low-Wage, Permanent Resident and Seasonal Agricultural Worker Program Streams are all currently below their Service Level target (by 1, 17, 7, 6 and 1 business days respectively)
• In addition to the streamlining measures outlined above, the Program is also implementing recommendations from a Time and Motion Study conducted in 2019, to standardize business processes and increase integrated workload management across the country
• The objectives of a National Business Process include, but are not limited to, establishing a consistent process across streams and regions for the Program, as well as providing employers with a similar client experience regardless of where they apply across the country and under which stream. The Program has started a staggered implementation approach with the High Wage Stream beginning as a pilot in February and subsequent streams to follow during the 2022 to 23 fiscal year
• While these measures are showing early positive results, the additional work stemming from planned policy changes could increase the amount of time it takes to assess an LMIA, and the number of applications the Department receives. The standardization and integration of workload across the processing network will help the Department to continue to manage in this dynamic and changing labour market and pandemic environment

Key quotes

The Department continues to take necessary steps to ensure that employers obtain timely decisions to support the hiring of temporary foreign workers in key sectors, while also ensuring due diligence on applications, and respecting measures to protect safety and security of these workers.

Prepared by : Steve Pageau, Program Operations Branch

Key Contact : Jacinthe David, Program Operations Branch, Telephone # 613-404-6948

Approved by : Nisa Tummon, ADM, Program Operations Branch, 613-218-4998

Date : March 25, 2022

15. Subject – Departmental response at the onset of the of the pandemic

Issue

A number of important steps were taken at the onset of the pandemic to protect the health and safety of Temporary Foreign Workers (TFWs) in response to COVID-19. The Government of Canada continues to work and collaborate with partners to ensure effective and timely response to emerging issues throughout the 2022 season.

Key facts

• When the foreign national travel ban was put in place at the beginning of the pandemic, exemptions were provided for TFWs entering Canada via the Temporary Foreign Worker Program (March 20, 2020)
• There is also a current exemption allowing unvaccinated TFWs in the agriculture sector to enter Canada. This exemption recognizes the important role of these workers in supporting Canada’s food security
• All unvaccinated TFWs must receive a COVID-19 test upon arrival, unless they have evidence of a positive COVID-19 test taken 14–180 days prior to arrival in Canada
• All unvaccinated TFWs will be re-tested on day 8 of their stay
• All unvaccinated travellers, including TFWs, must quarantine at a suitable place for 14 days
• All fully vaccinated travellers, which could include TFWs, entering Canada from any country outside of Canada or the United States in the past 14 days are subject to mandatory random testing on arrival, as notified by a border services officer
• New requirements for employers also came into force on April 20, 2020, including requirements that employers:
• pay workers for the initial quarantine/isolation period upon entry into Canada, regardless of whether they can work
• not prevent workers from meeting their requirements under the Quarantine Act and the Emergencies Act, as well as provincial and territorial public health laws related to COVID-19 and
• comply with additional requirements when those employers also provide accommodations to worker
• Employer supports were also provided to manage temporary foreign worker quarantine periods, including:
• an investment of $35 million to improve health and safety on farms and in employee living quarters in order to prevent and respond to the spread of COVID-19, and
• a maximum non-repayable contribution of up to $1,500 to employers for each temporary foreign worker arriving between January 1 and August 2021, to help cover eligible costs associated with the mandatory 14-day isolation period. This program has now ended

Response

• The Temporary Foreign Worker Program helped employers address temporary labour shortages in essential sectors during the pandemic, while protecting temporary foreign workers
• This included the introduction of regulations to allow temporary foreign workers working in essential sectors to enter the country at the beginning of the pandemic, when there was a ban for foreign nationals to enter Canada
• Steps were also taken early in the pandemic to protect the health and safety of temporary foreign workers by introducing mandatory pay for workers during their 14-day quarantine upon arrival, as well as regulations to compel employers to meet new health and safety requirements for employers who provide accommodations to workers
• The Government of Canada also introduced funding mechanisms to help support employers affected by quarantine requirements

Background

The Temporary Foreign Worker Program allows Canadian employers temporary access to foreign workers when qualified Canadian or Permanent Resident workers are not available, and ensures that foreign workers are protected.

TFWs are a key source of labour, particularly in agriculture and agri-food, and ensuring their reliable entry and safe working conditions is key to the continued food security of Canadians and Canada’s broader economic recovery.

Early in the pandemic, a number of important steps were taken to protect the health and safety of TFWs in response to COVID-19. These included publishing guidance for employers and workers, the introduction of regulations to compel employers to meet new health and safety requirements and an associated compliance regime, funding for employers to offset the costs of meeting the new requirements, and regular communication and engagement with stakeholders and program users.

Throughout the pandemic, the Government of Canada has engaged regularly with provinces, territories and stakeholders, including partner countries, employer associations, and migrant worker groups to coordinate the timely arrival of workers, to ensure sufficient labour to meet demand, and to protect workers and the Canadian public from COVID-19.

Key quotes

“Temporary foreign workers are important for sectors with critical labour needs—notably agriculture. Our government is taking strong measures to protect the health and safety of Canadians during the COVID-19 pandemic. These exemptions will provide the short-term workforce support necessary to maintain our high-standard levels of trade, commerce, and food security.”

– The Honourable Carla Qualtrough, P.C., M.P., Minister of Employment, Workforce Development and Disability Inclusion

“The participation of temporary foreign workers on our farms and in our food businesses is absolutely necessary. It is nothing less than an issue of food security. We are making sure that our food supply chain is not compromised by the closure of our borders, as we now need thousands of workers on the farms for the planting season as well as the processing of foods from the land and sea.”

– The Honourable Marie-Claude Bibeau, P.C., M.P., Minister of Agriculture and Agri-Food Canada

“Producers and processors across the country rely on experienced migrant workers to ensure a stable, nutritious and affordable food supply for Canadians. This pandemic has put additional strains on growers and processors, and our Government will continue to support them in these challenging times.”

– The Honourable Marie-Claude Bibeau, P.C., M.P., Minister of Agriculture and Agri-Food Canada

“From the very beginning of the pandemic, the health and safety of temporary foreign workers has been a top priority. Any unsafe working conditions are completely unacceptable. While we are proud of the worker protections we have in this country, we recognize that there are important issues that need to be addressed within the Temporary Foreign Worker Program and we are taking action. We are working tirelessly to ensure that temporary foreign workers rights are protected in Canada.”

– The Honourable Carla Qualtrough, Minister of Employment, Workforce Development and Disability Inclusion

Prepared by: Agata Frankowicz Executive Director, Worker Protection and Horizontal Management, Temporary Foreign Worker Directorate Skills and Employment Branch

Key Contact: Brian Hickey Director General, Temporary Foreign Worker Directorate

Approved by: Elisha Ram AADM, Skills and Employment Branch

Date: January 21, 2022

16. What We Heard report 

17. Subject – Temporary Foreign Worker cap rules

Issue

What are the low-wage cap rules under the Temporary Foreign Worker Program? Is the cap hindering employers in meeting their need for labour?

Key facts

• Since 2014, the Temporary Foreign Worker Program has placed a cap on the maximum proportion of an employer’s workforce that can be made up of low-wage temporary foreign workers (TFWs)
• This cap is set at 10% of an employer’s workforce for employers that did not employ TFWs prior to June 20, 2014, and up to 20% for those employers who had hired TFWs prior to that date
• As part of a pilot project announced in August between the Government of Canada and Quebec, the cap will be increased to 20% for employers in certain sectors in the province

Response

• The Temporary Foreign Worker Program, since 2014, has placed a cap, generally set at 10% - though in some cases higher - on the maximum proportion of low-wage TFWs that businesses can employ at a worksite
• The cap aims to ensure that employers do not become reliant on low-wage TFWs as a solution to their staffing needs and that Canadians are considered first for available jobs
• Adjustments and exemptions to the cap are made to balance program objectives and reflect changes in labour market conditions
• For example, positions with durations of 180-days or less in seasonal industries have been exempt from the cap. This has provided critical relief to fish and seafood processors in Atlantic Canada
• A recent pilot project between the Government of Canada and Quebec is raising the cap to 20% for all employers in sectors that have been identified as facing severe labour and skill shortages in the province

Background

There is a cap on the maximum proportion of low-wage TFWs that can be employed at a worksite. The cap is set at 10% of an employer’s workforce for employers that did not employ TFWs in the 6 weeks prior to June 20, 2014. For employers that employed TFWs in low-wage positions in the 6 weeks prior to June 20, 2014, the cap is set at 20% (or frozen at its current level, whichever is lower), and is based on this six-week period.

The definition of a low-wage position is a position offering a wage below the provincial median hourly wage as measured across all occupations (for example $24.04/hr in Ontario, or $21.60/hr in Manitoba).

There are currently a number of cap exemptions for the following positions, when supported by data and evidence:

• on-farm primary agricultural positions
• caregiving positions in institutional settings
• for businesses that have fewer than 10 employees nationally
• positions for which employers are submitting an application to support a temporary foreign worker’s permanent residence under the Express Entry Program
• highly mobile or truly temporary positions (120 calendar days or less)
• low-wage positions in seasonal industries for example that do not go beyond 180 calendar-days

The seasonal exception can be used 1 time per year in which the work is expected to begin, per work location, for application received up until December 31, 2022. In 2020 and 2021, position of up to 270 days in duration were exempted to support these industries in adapting to the impacts of COVID-19.

The cap on hiring TFWs in low-wage positions is determined based on the total number of full-time and part-time positions at an employer’s given worksite, which is calculated by adding half of the number of part-time positions to the number of full-time positions.

Since 2020, the Government of Canada has taken measures to improve flexibility and reduce administrative burden, including:

• increasing the maximum duration of TFW employment from 1 to 2 years
• extending the work period for essential Seasonal Agricultural Workers to 9 months in order to accommodate the quarantine period
• reducing the need for employers to submit minor administrative changes to Service Canada, and
• expediting change requests for reasons related to COVID-19 or for eligible TFWs already in Canada

As well, the TFW Program prioritized applications for those occupations considered essential during the pandemic, such as those in agriculture and health care.

Effective October 24, 2021, the COVID-19 interim Refusal to Process (RTP) policy was adjusted to allow for the processing of Labour Market Impact Assessment applications for certain low-wage occupations in accommodations, food services, and the retail trade sectors in regions with an unemployment rate below 6%.This decision was made in response to strong signs of recovery in the labour market, including a falling unemployment rate and increasing job vacancies in many sectors.

Prepared by: Christopher Chevrier, Director, Policy and Program Design 819-654-3233

Key contact: Brian Hickey, Director General, Temporary Foreign Worker Directorate 613-462-2595

Approved by: Elisha Ram, AADM, Skills and Employment Branch

Date: Date approved in SADMO / COO Feb 22, 2022

18. Subject - Economic and fiscal update

Issue

How is the government supporting workers through the commitments in the Economic and Fiscal Update?

Response

• The Government is providing urgently needed supports for workers whose employment is negatively impacted COVID-19, including public health measures to contain the spread of the virus
• The Canada Worker Lockdown Benefit provides income support to people who lost employment due to designated public health lockdown measures
• This goes hand in hand with the extension of the Canada Recovery Caregiving Benefit and the Canada Recovery Sickness Benefit

Background

Canada Worker Lockdown Benefit

• On October 21, 2021, the government announced its intention to create a new Canada Worker Lockdown Benefit (CWLB), tabling the necessary legislation in Bill C- was passed by Parliament, establishing the CWLB
• The CWLB provides income support at a rate of $300 per week to workers whose employment is interrupted as a result of a designated public health lockdown and who are unable to work due to such restrictions
• The benefit is delivered by the Canada Revenue Agency. The CRA application portal opened on December 24th, 2021
• The definition of a lockdown was amended on December 29, 2021 to include partial lockdowns (50 percent capacity reduction). This amended definition will be in effect from December 19, 2021 to February 12, 2022
• Currently, impacted workers from all Provinces and Territories except for Saskatchewan can apply, as long as they meet all eligibility conditions, because eligible public health measures are in effect in their jurisdictions
• The benefit is available until May 7, 2022, with retroactive application to October 24, 2021, should the situation warrant it

Canada Recovery Caregiving Benefit and Canada Recovery Sickness Benefit

• The government also introduced legislation to extend the caregiving and sickness benefits until May 7, 2022, and increase the maximum duration of benefits by 2 weeks. This extended the caregiving benefit from 42 weeks to 44 weeks and the sickness benefit from 4 weeks to 6 weeks
• The legislation also provides authority for additional extensions of the Canada Recovery Caregiving Benefit, the Canada Recovery Sickness Benefit and the CWLB until July 2, 2022, should public health considerations warrant it

Prepared by: Caroline Cantin Manager, EIP 819-319-0743

Key Contact: George Rae Director, EIP

Approved by: Catherine Demers DG, EIP

Date: January 18, 2022

19. Employment and Social Development Canada (ESDC) detailed action plan

To the recommendations of the DM Draft for the Office of the Auditor General’s (OAG) Performance Audit of Temporary Foreign Workers

Report ref. no.

Para 13.69

OAG recommendation

Given the importance of rigorous assessment of employer compliance with the

Immigration and Refugee Protection Regulations, Employment and Social Development Canada should without delay:

• re-examine its system for identifying and assigning inspections to factor in the collective workload capacity of its inspectors to complete them in a timely manner
• train and support its inspectors to collect sufficient and appropriate evidence, as outlined in the department’s policies and procedures
• improve its quality control system to monitor the progress and quality of inspections at various stages of completion and to ensure timely follow-up and application of appropriate corrective actions or consequences, as outlined in the department’s policies and procedures

Management response

Agreed. The Temporary Foreign Worker Program was not designed to deal with a pandemic. As a result, rules, procedures, and training had to be developed in real time. The quarantine inspection compliance regime was developed in 2 weeks. Virtual inspections were initiated as an interim solution in order to comply with health requirements that did not permit in-person visits. The program had to adapt to continuously changing health directives and crisis conditions throughout the pandemic.

Throughout the pandemic, Employment and Social Development Canada has attempted to a) adapt its inspection process to include new COVID-19 conditions, b) verify the quality and timeliness of inspections, and c) provide inspectors with updated guidance, training, and tools.

As per the Auditor General of Canada’s findings, there were clear problems with achieving appropriate inspection outcomes. A national steering committee was created in May 2021 and developed an action plan to identify, implement, and track improvements to inspections. The department will closely monitor the impact of the action plan.

Description of final expected outcome/result

The inspection process is strengthened through improved training, guidance and tools.

Quality and timeliness of inspections are improved.

Expected final completion date

Establish a strengthened process for quality inspections - July 2021

Establish a national workload management strategy - October 2021

Establish new platform - March 2022

Deliver updated training - March 2022

Key interim milestones (description/dates)

Taking into account the Office of the Auditor Generals recommendations, lessons learned during the pandemic and building on recent improvements to strengthen the compliance regime, including enhanced workload management, tools, training, and quality, the Department is planning to rebuild the Temporary Foreign Worker compliance regime.

Recent improvements achieved include:

Completed – Establish a strengthened process to monitor and assess the quality of inspections.

Completed – Establish a national workload management strategy, including a methodology to align capacity and the assignment of workload, taking into account program’s objectives and Immigration and Refugee Protection Regulations requirements.

The department will:

Completed - Establish a new platform that serves as a one-stop shop to provide user-friendly access for inspectors to updated guidance and tools.

Completed - Deliver updated training to support the inspection process.

Responsible organization/point of contact

(Name, position, tel #)

Caroline Harès, DG, Integrity Services Branch, Service Canada

Indicator of achievement

(For PACP Committee Use Only)

N/A

Report ref. no.

Para 13.70

OAG recommendation

Given Employment and Social Development Canada’s responsibility to assess employer compliance with all amendments made to the Immigration and Refugee Protection Regulations in response to the COVID-19 pandemic, including the requirement that employers not prevent temporary foreign workers from complying with applicable provincial public health laws related to COVID-19, the department should:

• obtain information from provincial and territorial authorities on applicable public health laws in order to facilitate a risk-based approach to inspecting employer compliance with this requirement
• inform, train, and support its inspectors in using a risk-based approach, in order to detect possible instances during their inspections where employers may be preventing workers from complying with applicable public health laws

Management response

Agreed. The provinces and territories are responsible for establishing and enforcing their public health and safety laws and policies, including those for COVID-19, in their respective provinces or territories.

In April 2020, 1 of the new employer requirements introduced in the Immigration and Refugee Protection Regulations was to ensure employers did not prevent temporary foreign workers from complying with a provincial or territorial COVID-19 law that governs public health.

Employment and Social Development Canada introduced a risk management approach in its inspection guidelines for inspectors to assess this condition when it becomes aware of potential employer non-compliance through tips or allegations or when detected during the course of an inspection.

The department has collaborated with provinces and territories throughout the pandemic and will continue to further its information-sharing agreements with provinces and territories, to ensure that protocols are in place to exchange information when an employer is suspected or found to be preventing a temporary foreign worker from complying with applicable provincial or territorial laws related to COVID-19.

The department commits to providing further training and support for inspectors to a) provide clarity on federal, provincial, and territorial roles and responsibilities, b) help identify possible instances of employer non-compliance, and c) follow up with the relevant provincial and territorial authorities.

Description of final expected outcome/result

Training and supports for inspectors is provided.

Information with provincial/territorial authorities is shared.

Expected final completion date

Establish a dedicate secretariat - March 2022

Strengthen guidance and develop and implement additional training - March 2022

Advancing efforts for additional information sharing agreements - June 2022

Key interim milestones (description/dates)

Advancing efforts in establishing additional information sharing agreements with provincial and territorial stakeholders and amend existing agreements if required.

Completed - Strengthen guidance and develop and provide additional training for inspection staff.

Completed - Establish a dedicated secretariat within ESDC to coordinate and triage multi-stakeholder issues affecting the Temporary Foreign Worker Program.

Responsible organization/point of contact

(Name, position, tel #)

Caroline Harès, DG, Integrity Services Branch, Service Canada

Indicator of achievement

(For PACP Committee Use Only)

N/A

Report ref. no.

Para 13.71

OAG recommendation

Employment and Social Development Canada should take immediate action to ensure that its post- quarantine inspections and its regular program inspections post-pandemic verify that employer-provided accommodations meet applicable requirements throughout the temporary foreign workers’ stay, in accordance with its inspection policies. In particular, the department should:

• verify that the condition and description of accommodations do not differ from those outlined in housing inspection reports approved by the provincial, territorial, or local authority
• verify that the accommodations do not exceed occupancy limits and that there are no reasonable grounds to believe that the accommodations pose any significant risk to workers’ health and safety

Management response

Agreed. Employment and Social Development Canada recognizes the importance of safe accommodations and remains committed to working with provinces and territories to help protect the health and safety of temporary foreign workers.

Provinces and territories are responsible for setting housing standards, inspecting against these standards, and approving the Housing Inspection Report, which is a prerequisite for employers to participate in the Temporary Foreign Worker Program. Once workers are living in the employer-provided housing, the department may conduct an employer-compliance inspection.

In line with jurisdictional responsibilities and using department policy and procedures, inspectors use the Housing Inspection Report as a reference tool to verify if accommodations are adequate, including verifying that the accommodations do not exceed occupancy limits and that there are no reasonable grounds to believe that accommodations pose a significant risk to workers’ health and safety. If such issues are observed or uncovered during an inspection, the department will immediately inform the relevant provincial, territorial, and municipal authorities. In the event that the appropriate authority confirms a breach, the department will then reach a decision on employer compliance with the program.

Description of final expected outcome/result

Additional measures related to employer-provided accommodations are in place to help protect the health and safety of temporary foreign workers.

Expected final completion date

Strengthen the Department’s review process - December 2021

Establish a dedicate secretariat - March 2022

Strengthen guidance and develop and implement additional training - March 2022

Advancing efforts for additional information sharing agreements - June 2022

Key interim milestones (description/dates)

Advancing efforts in establishing additional information sharing agreements with provincial and territorial stakeholders and amend existing agreements if required.

Completed - Strengthen the Department’s review process of the Labour Market Impact Assessment, including the Housing Inspection Reports so that overcrowding concerns can be addressed prior to temporary foreign worker arrival.

Completed - Establish a dedicated secretariat within ESDC to coordinate and triage multi-stakeholder issues affecting the Temporary Foreign Worker Program.

Completed - Strengthen guidance and develop and implement additional training for inspection staff.

Responsible organization/point of contact

(Name, position, tel #)

Jacinthe David, Executive Director, Program Operations Branch

Brian Hickey, DG, Skills and Employment Branch

Caroline Harès, DG, Integrity Services Branch, Service Canada

Indicator of achievement

(For PACP Committee Use Only)

N/A

Report ref. no.

Para 13.72

OAG recommendation

Given long-past quarantine and outbreak periods, Employment and Social Development.

Canada should use a risk-management approach and consider information currently on file to assess the relevance and value of completing backlogged inspections. It should.

Then balance the completion of inspections underway with the need to undertake and complete new ones in a timely manner.

Management response

Agreed. Employment and Social Development Canada recognizes the importance of addressing the volume of inspections while remaining responsive to the continued pandemic context. Through the continuum of activities that are part of the compliance regime, inspections play a key role in temporary foreign worker protection.

Throughout the pandemic, the department expanded its inspection regime and attempted to adapt to the unprecedented and evolving context. The newly established National Steering Committee is mandated to guide the development and implementation of a national workload strategy, using a risk-based approach to address the inventory of active inspections.

As the department has identified quarantine and outbreak inspections as priorities during the pandemic, the National Workload Strategy will be a key tool to balance the completion of active inspections with the introduction and timely completion of new inspection cases.

The department will also use program data to inform future enhancements to the operational model.

Description of final expected outcome/result

A strategy is in place to manage the inventory of active inspection cases.

Expected final completion date

September 2021

Key interim milestones (description/dates)

Completed – As part of the action plan to strengthen the Temporary Foreign Worker Program compliance regime, establish a national workload management strategy, including a workload oversight network, to monitor, analyse and coordinate workload priorities based on a risk approach.

Responsible organization/point of contact

(Name, position, tel #)

Caroline Harès, DG, Integrity Services Branch, Service Canada

Indicator of achievement

(For PACP Committee Use Only)

N/A

Report ref. no.

Para 13.88

OAG recommendation

Given Employment and Social Development Canada’s repeated commitments over the years to improve workers’ living conditions through the Temporary Foreign Worker Program, the department should expedite the development and implementation of minimum accommodation requirements as an eligibility condition of this federal program, in consultation with provinces, territories, and other jurisdictions.

Management response

Agreed. Employment and Social Development Canada recognizes the importance of safe accommodations. Living conditions for temporary foreign workers in the agricultural sector is a multi-stakeholder challenge, requiring cooperation among many players. The federal role in the context of the Temporary Foreign Worker Program includes setting eligibility conditions and enforcing compliance with applicable regulations governing the program. Provincial and territorial governments generally have exclusive jurisdiction over the development of accommodation rules. In 2020, the department undertook consultations on proposed minimum standards with provinces, territories, municipalities, and key stakeholders with a view to improving employer-provided accommodations.

While the federal government cannot set standards in the areas of exclusive provincial jurisdiction, it will work with the provinces and territories to propose changes to help address health and safety concerns related to accommodations. The employers will need to demonstrate that they meet provincial or territorial requirements in order to participate in the program.

The department is also pursuing other actions such as the Migrant Worker Support Program, which will provide $49.5 million over 3 years for migrant support organizations and regulatory amendments to help prevent mistreatment.

While advancing this work, the department is also implementing immediate measures to improve the review of housing inspection reports so that overcrowding can be addressed prior to the arrivals of temporary foreign workers.

Description of final expected outcome/result

Employers participating in the program have demonstrated that housing meets essential safety criteria standards.

Expected final completion date

What We Heard report release to public - December 2021

Secretariat establishment - March 2022

Engage province - Beginning in 2022

Roundtable discussions - June 2022 (TBC)

Requirements implementation - 2024 (month TBC)

Key interim milestones (description/dates)

Completed - Release a ‘What We Heard’ report to the public.

Completed - Establish a dedicated secretariat within ESDC to coordinate and triage multi-stakeholder issues affecting the Temporary Foreign Worker Program.

Ongoing - To help address health and safety concerns related to accommodations, engage provinces, territories and program partners on new program participation requirements, potentially through the pre-publication of proposed regulatory changes.

Initiate roundtable discussions with stakeholders to solicit on-going input on the Temporary Foreign Worker Program.

Implement requirements for employer-provided accommodations.

Responsible organization/point of contact

(Name, position, tel #)

Brian Hickey, DG, Skills and Employment Branch

Indicator of achievement

(For PACP Committee Use Only)

N/A

Report ref. no.

Para 13.95

OAG recommendation

As the federal lead for Goal 8 of the United Nations’ Sustainable Development Goals, Employment and Social Development Canada should use a gender-based analysis plus lens to develop new performance indicators for the Temporary Foreign Worker Program that would contribute to advancing the United Nations’ 2030 Agenda for Sustainable Development and to promoting a safe and secure working environment for temporary foreign workers. The department should also monitor and track progress against these indicators and report on its progress.

Management response

Agreed. Employment and Social Development Canada recognizes the importance of the United Nations’ 2030 Agenda for Sustainable Development and supports the aims of Sustainable Development Goal 8.

The Temporary Foreign Worker Program will utilize a gender-based analysis plus lens in the implementation and measurement of actions, including in the department’s inspection processes, to support worker protection within the department’s mandate and jurisdiction. The department is currently working to implement proposed regulatory amendments and launch the Migrant Worker Support Program, which builds on a pilot in British Columbia launched in 2018 to support migrant workers dealing with abuse or mistreatment. In 2020, this funding was expanded to organizations elsewhere in Canada to assist workers affected by the pandemic.

The new Migrant Worker Support Program is part of the federal government’s broader commitment to protect temporary foreign workers from mistreatment and abuse by supporting this population in learning about and exercising its rights. As part of this program, the department will conduct a survey with workers, and funded community organizations will report on the impact of enhanced supports.

The department will look for opportunities to integrate the results of this data collection into its gender-based analysis plus reporting in the Departmental Results Report and other public channels.

Description of final expected outcome/result

Indicator(s) developed to measure departmental contribution to the protection of migrant workers.

Expected final completion date

Launch of the call proposals - Spring 2022

Survey - Spring 2024

Key interim milestones (description/dates)

Launch a call for proposals to support the formal implementation of the Migrant Support Worker Program.

As part of the new Migrant Worker Support Program, the Department will conduct a survey of temporary foreign workers and funded community organizations in order to understand the impact of the enhanced supports.

Responsible organization/ point of contact

(Name, position, tel #)

Brian Hickey, DG, Skills and Employment Branch

Indicator of achievement

(For PACP Committee Use Only)

N/A

20. Committee membership and biographies

Standing Committee on Public Accounts (PACP)

Mandate of the committee

When the Speaker tables a report by the Auditor General in the House of Commons, it is automatically referred to the Public Accounts Committee. The Committee selects the chapters of the report it wants to study and calls the Auditor General and senior public servants from the audited organizations to appear before it to respond to the Office of the Auditor General’s findings. The Committee also reviews the federal government’s consolidated financial statements – the Public Accounts of Canada – and examines financial and/or accounting shortcomings raised by the Auditor General. At the conclusion of a study, the Committee may present a report to the House of Commons that includes recommendations to the government for improvements in administrative and financial practices and controls of federal departments and agencies.

Government policy, and the extent to which policy objectives are achieved, are generally not examined by the Public Accounts Committee. Instead, the Committee focuses on government administration – the economy and efficiency of program delivery as well as the adherence to government policies, directives and standards. The Committee seeks to hold the government to account for effective public administration and due regard for public funds.

Pursuant to Standing Order 108(3) of the House of Commons, the mandate of the Standing Committee on Public Accounts is to review and report on:

• the Public Accounts of Canada
• all reports of the Auditor General of Canada
• the Office of the Auditor General’s Departmental Plan and Departmental Results Report and
• any other matter that the House of Commons shall, from time to time, refer to the Committee

The committee also reviews:

• the federal government’s consolidated financial statements
• the Public Accounts of Canada
• makes recommendations to the government for improvements in spending practices
• considers the Estimates of the Office of the Auditor General

Other responsibilities:

• the economy, efficiency and effectiveness of government administration
• the quality of administrative practices in the delivery of federal programs and
• government’s accountability to Parliament with regard to federal spending

Committee members

Name: John Williamson

Role: Chair

Party: Conservative

Riding: New Brunswick Southwest

PACP member since: February 2022

Name: Jean YIP

Role: Vice Chair

Party: Liberal

Riding: Scarborough—Agincourt

PACP member since: January 2018

Name: Nathalie Sinclair-Desgagné

Role: Vice Chair and Critic for Public Accounts, Pandemic Programs, Economic Development Agencies

Party: Bloc Québécois

Riding: Terrbonne

PACP member since: December 2021

Name: Eric Duncan

Role: Member

Party: Conservative

Riding: Stormont-Dundas-South Glengarry

PACP member since: February 2022

Name: Jeremy Patzer

Role: Member

Party: Conservative

Riding: Northumberland—Peterborough South

PACP member since: October 2020

Name: Phillip Lawrence

Role: Member and Critic for Federal Economic Development Agency for Eastern, Central and Southern Ontario

Party: Conservative

Riding: Northumberland—Peterborough South

PACP member since: October 2020

Name: Blake Desjarlais

Role: Member and Critic for TBS, Diversity and Inclusion, Youth, Sport and PSE

Party: New Democratic Party

Riding: Edmonton Greisbach

PACP member since: December 2021

Name: Valerie Bradford

Role: Member

Party: Liberal

Riding: Kitchener South – Hespeler

PACP member since: December 2021

Name: Han Dong

Role: Member

Party: Liberal

Riding: Don Valley North

PACP member since: December 2021

Name: Peter Fragiskatos

Role: Member

Party: Liberal

Riding: Parliamentary Secretary National Revenue

PACP member since: December 2021

Name: Brenda Shanahan

Role: Member and Parliamentary Secretary National Revenue

Party: Liberal

Riding: Châteauguay—Lacolle

PACP member since: December 2021, and Jan 2016 – Jan 2018

Bios of the committee members

John Williamson (New Brunswick Southwest) Conservative Chair

Brief biography

• Elected as MP for New Brunswick Southwest in 2015, and re-elected in 2011 and re-elected in 2015, 2019 and 2021
• Member of the Liaison Standing Committee
• Has served on Procedure and House Affairs, Health, Official Languages, Foreign Affairs and International Development, Public Accounts, National Defense, COVID-19 Pandemic and Canada-China Relations committees in the past
• Chair of Atlantic Conservative caucus
• Prior to his election, Mr. Williamson worked as Stephen Harper’s Director of Communications in the Office of the Prime Minister.
• Former National Post editorial writer (1998 to 2001) and founding member of the newspaper’s editorial board

Jean Yip (Scarborough - Agincourt) Liberal First Vice-Chair

Brief biography

• Elected as MP for Scarborough—Agincourt in a by-election on December 11, 2017, and re-elected in 2019 and 2021
• Has served on Public Accounts (since 2018), as well as Government Operations and Canada-China committees in the past
• Before her election, Ms. Yip was an insurance underwriter and constituency assistant

Nathalie Sinclair-Desgagné (Terrebonne)Bloc Québécois Second vice-chair

Brief biography

• Elected as MP for Terrebonne in the 2021 federal election
• BQ Critic for Public Accounts, Pandemic Programs, and Federal Economic Development Agencies.
• Worked at the European Investment Bank and at PWC London
• Return to Quebec in 2017 to pursue a career in the Quebec business world

Eric Duncan (Stormont-Dundas-South Glengarry) Conservative Member

Brief biography

• Elected as MP for Stormont-Dundas-South Glengarry in 2019, and re-elected in 2021
• Vice-Chair of Procedure and House Affairs Committee
• Has served on COVID-19 Pandemic, Procedure and House Affairs and Library of Parliament committees in the past
• Prior to his election, Mr. Duncan was 1 of the youngest elected officials in Canadian History as a municipal Counsellor in North Dundas at the age of 18, and was elected mayor at the age of 22 (from 2010 to 2018)

Jeremy Patzer (Cypress Hills-Grasslands) Conservative Member

Brief biography

• Elected as MP for Cypress Hills-Grasslands in 2019, and re-elected in 2021
• Member of the Standing Committee on International Trade
• Has served on Natural Resources, Industry, Science and Technology and COVID-19 Pandemic committees in the past
• Prior to his election, Mr. Patzer worked in the telecommunications industry for 9 years

Phillip Lawrence (Northumberland—Peterborough South) Conservative Member

Brief biography

• Elected as MP for Northumberland—Peterborough South in 2019, and re-elected in 2021
• CPC Critic for the Federal Economic Development Agency for Eastern, Central and Southern Ontario
• Has served on Public Accounts (since 2020), as well as the Justice committees in the past
• Prior to his election, Mr. Lawrence received his BA from Brock University in Political Science, he attended Osgoode Hall Law School and the Schulich School of business to obtain his law degree and MBA, and volunteered at the Financial Planning Standards Council

Blake Desjarlais (Edmonton Greisbach)NDP Member

Brief biography

• Elected as MP for Edmonton Greisbach in 2021
• NDP Critic for Treasury Board, Diversity and Inclusion, Youth, Sport, and Post-secondary Education
• First openly Two-Spirit person and Alberta’s only Indigenous Member of Parliament

Valerie Bradford (Kitchener South – Hespeler) Liberal Member

Brief biography

• Elected as MP for Kitchener South – Hespeler in 2021
• Also sits on the Science and Research committee
• Prior to her election, Ms. Bradford worked as an economic development professional for the City of Kitchener

Han Dong (Don Valley North) Liberal Member

Brief biography

• Elected as MP for Don Valley North in 2019, and re-elected in 2021
• Also sits on the Industry and Technology committee
• Has served on the Ethics, and Human Resources committees in the past
• Prior to his election, Mr. Dong worked with Toronto-based high-tech company dedicated to building safer communities and served as the leader of the Chinatown Gateway Committee established by Mayor John Tory

Peter Fragiskatos (London North Centre) Liberal Member Parliamentary Secretary to the Minister of National Revenue

Brief biography

• Elected as MP for London North Centre in 2015, and re-elected in 2019 and 2021.
• Serves as Parliamentary Secretary to the Minister of National Revenue
• Has served on the Finance, Canada-China, Human Resources, Public Safety, and Foreign Affairs committees in the past
• Served as a member of the National Security and Intelligence Committee of Parliamentarians (NSICOP)
• Prior to his election, Mr. Fragiskatos was a political science professor at Huron University College and King’s University College, as well as a frequent media commentator on international issues