CIMM - Outbreaks, Enforcement, Protections and Safety for Migrant Workers

Key messages

• The Government is deeply saddened to hear about the recent passing of two temporary foreign workers in Ontario and we express our sincere condolences to their families, friends and coworkers.
• The Government is working hard alongside provinces, territories and industry to ensure that the proper protocols are in place to keep all workers safe, and we continue to adjust these measures as more is known.
• Ensuring the protection of temporary foreign workers in Canada is a top priority.
• To help ensure public health, new regulations have been put in place that require employers of foreign workers to support workers during mandatory quarantine and isolation, including by paying wages.
• For most employers, labour laws and workplace safety rules are established and enforced by the provincial government.
• For the Government of Canada’s requirements for employers of temporary foreign workers, Employment and Social Development Canada/Service Canada is continuing to enforce employer compliance requirements, including new conditions related to protecting foreign workers and public health during the COVID-19 pandemic.
• The Government will continue to work with stakeholders to address issues and questions, and communicate additional information on requirements for inspections.

Supplementary messages

Outbreaks and affected temporary foreign workers

• We care deeply about all of the essential workers who keep our food supply chain strong. And, together with employers and local health authorities, we will continue to ensure that our farms and processing facilities are kept safe for employees and employers alike.

Report that foreign nationals without valid work permits (undocumented) are among employees on affected farms

• The focus right now is on ensuring the safety of all workers.
• Foreign nationals are required to have authorization in order to work in Canada (e.g., a valid work permit).
• It is an offence, under the Immigration and Refugee Protection Act, to employ a foreign national in a capacity in which they are not authorized to be employed. The Canada Border Services Agency is responsible for investigating breaches of the Immigration and Refugee Protection Act.
• When an instance comes to light of a worker not having valid authorization, Employment and Social Development Canada launches an investigation of the employer and the case is also forwarded to the Canada Border Services Agency for investigation.

Mexico Pause

• The Government of Canada is working with Mexico to understand the extent of the pause on seasonal agricultural worker travel and whether it will apply only to certain farms.
• We will continue to work with Mexico to address any concerns regarding worker safety and support. We share those concerns.

Federal actions to support on-farm practices related to COVID-19

• The Government has taken significant action to support Canada’s continued food security while safeguarding public health. This has included new regulatory requirements for employers to protect workers and public health and funding to offset costs to employers.
• These measures complement broader public health measures, including: pre-arrival screening, mandatory personal protective equipment on flights, and screening and mandatory quarantine upon arrival.
• There has also been regular, sustained engagement with provinces/territories, partner countries and stakeholders to share information and coordinate efforts.
• An analysis of the most recent outbreaks in southern Ontario suggests that they are likely the result of community transmission after the 14-day mandatory quarantine period.

Agriculture and Agri-Food Canada Funding

• On April 13, 2020, Marie-Claude Bibeau, Minister of Agriculture and Agri-Food, announced up to $50 million to assist farmers, fish harvesters, and food production and processing employers with the incremental costs associated with the mandatory 14-day quarantine period for temporary foreign workers arriving from abroad.
• Agriculture and Agri-Food Canada began accepting applications to the Mandatory Isolation Support for Temporary Foreign Worker’s Program on May 7, 2020. Under the program, Canadian employers in the primary agriculture, fish, seafood and food processing industries can receive a maximum contribution of $1,500 per temporary foreign worker for the incremental costs incurred during the mandatory 14-day quarantine. This funding is eligible for costs retroactive to March 26, 2020.
• As of June 12, 2020, the Mandatory Isolation Support Program received 1,152 applications, representing $20 million in federal funding. 308 applications have been approved, representing close to $6.9 million in federal funding.

Employer Compliance and Worker Protection

• The new federal employer compliance under the Immigration and Refugee Protection Regulations supporting public health measures came into force on April 20, 2020.
• These conditions require employers not to take any action that would prevent a foreign worker from complying with any order or regulation under the Quarantine Act or Emergencies Act (should it be invoked) or any provincial or territorial law that regulates public health in response to COVID-19. Employers are also now required to the pay wages to workers required to quarantine upon entry to Canada that are substantially the same as those set out in the offer of employment.
• Employers who provide accommodations to workers now have new regulatory requirements. For a worker who is required to quarantine, the employer must provide accommodations to that worker which are separate from those provided to persons who are not in quarantine, and that permit the foreign worker to remain at least two metres away from any other person. These employers are also required to provide workers with cleaning products for the purposes of regularly disinfecting the accommodations. If a foreign worker becomes infected with, or develops any signs of symptoms of COVID-19, the employer must provide the foreign worker with accommodations that have a bedroom and a bathroom solely for their use while they isolate themselves.

Inspections during COVID-19

• As of June 4, 2020, 658 inspections have been launched under the Temporary Foreign Worker Program, and 398 have been completed. Results have demonstrated that most employers inspected have met the requirements for the quarantine period. No major incidents of non-compliance have been recorded and no penalties have been applied.
• Most outbreaks have occurred after the mandatory 14-day quarantine period, which is the primary focus of the inspections at this time. A new inspection may be triggered following reports of an outbreak, which could lead to a different outcome.
• To ensure the health and safety of inspecting officials, inspections of employers who hired foreign workers under the International Mobility Program and the Temporary Foreign Worker Program are currently desk-based, meaning employers are required to submit photographic or paper evidence to demonstrate compliance with their regulatory requirements, which require employers to make efforts to provide safe and abuse-free workplaces, proper wages and working conditions, among others.
• Employer submissions of evidence are complemented by voluntary interviews with foreign workers themselves.
• As inspections shift in focus to the post-quarantine period Employment and Social Development Canada will be looking to resume on-site inspection in a way that will not exacerbate the problem by traveling to locations.
• It is important to note that provinces and territories are responsible for occupational health, safety and working conditions on farms. If there is an outbreak of COVID-19 at a worksite, because public health falls within provincial and municipal jurisdiction, the provinces/territories and local health authorities are the first authorities to arrive onsite to verify an employer’s compliance with relevant provincial and territorial laws.
• Provincial governments, not the federal government, are responsible for shutting down farms where an outbreak occurs.
• Immigration, Refugees and Citizenship Canada and Employment and Social Development are prioritizing the sharing of information on results of provinces and territories inspections to ensure that if and when a provincial or municipal entity makes a decision to require the cessation of operations by an employer that supports are in place for foreign workers of a shuttered employer, such as communications regarding the Canada Emergency Response Benefit eligibility, alternate employment, and public policy measures that facilitate the ability to work for a new employer while awaiting a work permit issuance decision.

June 8 Report: “Unheeded Warnings”

• The Migrant Workers Alliance for Change report, “Unheeded Warnings”, reports on poor conditions and abuses that have been faced by farm workers between March and May 2020 and highlights workplace and worker vulnerabilities, many of which have been exacerbated by the COVID-19 pandemic.
• The Government has taken multiple measures to ensure the health and safety of temporary foreign workers arriving in Canada, including by providing employers with funds to compensate for expenses relating to safe and proper quarantine for workers (led by Agriculture and Agri-Food) and implementation of new regulations designed to ensure foreign workers abide by the requirement to quarantine upon arrival in Canada (and that their employers support them during this period).
• Despite these efforts, recent outbreaks of COVID-19 on farms, including the death of two foreign workers in Southwestern Ontario, are clear indications that more still needs to be done.
• The health and safety of foreign workers in Canada is a government priority and we are closely reviewing the findings and recommendations of the Migrant Workers Alliance for Change report as we consider additional measures. (notes on PR rec below)
• While the Seasonal Agriculture Worker Program and low-wage agriculture stream are not premised on a transition to permanent residence model, some workers may transition to permanent residence through various programs.
• The recently-launched Agri-food Immigration Pilot helps address the labour needs of the Canadian agri-food sector and provides a pathway to permanent residence for experienced, non-seasonal workers in specific industries and occupations, including mushroom growing, greenhouses and meat processing.
• In addition, through the Provincial Nominee Program and Atlantic Immigration Pilot, provinces and territories play a direct role in immigrant selection to meet their regional labour market needs. In 2019, an additional 2,000 spaces in the Provincial Nominee Program were allocated for intermediate-skilled foreign nationals, including those in agricultural occupations.

Government Supports for Vulnerable Workers

• Financial Supports: The Canada Emergency Response Benefit provides temporary income support to workers who have temporarily stopped working or lost their job as a result of COVID-19.
• Temporary foreign workers are eligible for the benefit, subject to the same eligibility criteria as Canadians and permanent residents (such as the requirement to have earned a minimum of $5,000 in Canada in 2019 or the last 12 months).
• Settlement Supports: Permanent residents and protected persons, including former temporary foreign workers who have attained permanent resident status, are eligible to receive a broad range of IRCC-funded services to help them settle and integrate into the Canadian labour market and society.
  • For example, eligible vulnerable workers have access to English and French language training as well as a range of employment-related services, including targeted supports for vulnerable groups such as visible minority newcomer women.
  • IRCC-funded service provider organizations have extensive experience supporting newcomers overall as well as providing specialized services to address barriers and meet the needs of individuals that may experience increased marginalization and potential vulnerabilities.
• Further, some temporary residents are eligible to receive limited settlement services as part of select regional immigration pilots, including the Atlantic Immigration Pilot.

Open Work Permit for Vulnerable Workers

• IRCC recognizes the precarious situation that migrant workers may find themselves in when their status in Canada is linked to working for a specific employer and that employer is abusive. In 2019, IRCC introduced the open work permit for vulnerable workers. This permit provides migrant workers on employer-specific work permits who are experiencing abuse or who are a risk of abuse in the context of their employment in Canada, with a distinct means to leave their employer. Between June 4, 2019 and June 13, 2020, IRCC received over 1,070 applications for the Open Work Permit for Vulnerable Workers program, with more than 490 work permits approved.

IRCC-Funded Supports to Permanent Residents Affected by Outbreaks

• Immigration, Refugees and Citizenship Canada has been working closely with the Settlement Sector to ensure that settlement agencies have the necessary flexibilities and resources to respond to those permanent residents affected by COVID-19.

Alberta

• In the COVID-19 outbreaks in High River and Brooks in Southern Alberta, employers did not have the capacity to respond to the needs of the affected newcomers, as they were not trained in providing settlement or, specifically, case management supports to clients.
• However, my Department rapidly supported the situation by amending one contribution agreement and using existing funds in agreements with three other organizations to address the immediate concerns and redirect settlement agency staff to work with the affected newcomers.

Ontario

• COVID-19 outbreaks at agricultural employers have largely affected temporary residents, who are ineligible for IRCC-funded settlement supports; however temporary foreign workers are eligible for services from agencies who receive provincial funding to deliver the Newcomer Settlement Program. Capacity and availability varies across the province but under the Newcomer Settlement Program, agencies can provide case management support, interpretation, information and referrals to services. 
• The same service providers that Immigration, Refugees and Citizenship Canada funds to support permanent residents are also often funded by the provincial government through the Newcomer Settlement Program. This shared responsibility for newcomers between both the federal and provincial governments has led to comprehensive support for all affected newcomers.
• The employers and local health authorities have been providing the necessary support to the affected employees in Ontario, and, to date, no request for additional assistance has been received from settlement agencies in these communities.

Supporting facts and figures

• Key industries that have experienced outbreaks are agricultural and food processing involving nurseries, greenhouses, and beef and poultry plants.
• There have been a number of cases in British Columbia, Ontario and Manitoba of on-farm temporary foreign workers outbreaks, affecting more than 420 foreign workers, including two deaths.
• In Ontario alone, as of June 3, 2020, it was reported that there are about 380 positive cases in the approximately 11,000 temporary foreign workers population (~3.5%). This represents 7-8 operations of the approximately 1,300 farms employing temporary foreign workers in southwestern Ontario (see Annex A below for a summary of outbreaks based on media reports).
• At the port of entry, each worker goes through a two-staged process prior to entering the country: 1) an assessment by the Canada Border Services Agency officer which will ask probing questions on the travelers health among others (i.e., work-permit, existence of a job offer, etc.), and 2) an assessment by the Public Health Agency Canada official to determine whether the worker is symptomatic.

Background

Working with Provinces and Territories to strengthen public health measures

• The Government of Canada is working closely with jurisdictions on the management of the COVID-19 public health crisis. Active engagement with employers and temporary foreign workers once workers are on-farm varies by province, but for the most part, it is the employers’ responsibility to implement federal and provincial guidance on their own. Only Newfoundland and British Columbia require the approval of safety plans, with only Prince Edward Island and British Columbia having taken over accommodation for workers during the quarantine period.
• Provinces and territories have also put in place programming or best practices to support employers and workers, for example:
  • British Columbia’s health authorities are directly managing temporary foreign worker arrivals with mandatory quarantine measures by providing medical and social support, as well as accommodations to ensure workers remain quarantined. Employers that provide housing to temporary foreign workers are also required to develop infection prevention and control protocols which must be approved by the province in order to hire foreign workers, in advance.
  • Ontario announced the Agri-food Workplace Protection Program to help farmers enhance health and safety measures to prevent the spread of the virus. This is a cost-shared program between the Government of Canada and the Government of Ontario, which will provide $2.25M in funding to be used for initiatives like purchasing personal protective equipment, enhanced cleaning and disinfection, and redesigning workstations. Ontario is also considering implementing a temporary foreign worker testing strategy – it is not clear yet how it would roll out.
  • The province has also issued temporary foreign worker guidance to employers that detail requirements related to transportation, health care, housing and cleaning.
  • Quebec producer associations and other partners in the agricultural sectors, including levels of government, communicate regularly with companies in the horticultural sectors to share up-to-date information. Some associations have also shared lists of suppliers of products needed for the implementation of preventive measures and continue to encourage producers to follow good health practices and requirements in addition to issuing awareness reminders.
  • Prince Edward Island requires, that on the first day of work, that all employees are to participate in a COVID-19 training and education session provided by the employer. After initial training, employers should at least weekly, remind employees about COVID-19 physical distancing, hygiene and reporting illness.

Community transmission after the 14-day mandatory quarantine period   

• Several factors make farms particularly vulnerable to outbreaks. The nature of farm work often makes it difficult to respect physical distancing guidelines given farms typically employ a high number of temporary foreign workers, who live on-site in shared accommodations and can work in close quarters (e.g., greenhouses).
• Temporary foreign workers are also particularly vulnerable, due to language barriers, fear of losing income if they become sick, and concerns about retribution for reporting potential employer non-compliance. Post-quarantine, both foreign and Canadian workers travel between the farm and the community increasing risks of infection.

Housing Requirements for Temporary Foreign Workers

• As outbreaks often relate to the way in which foreign workers are housed, Employment and Social Development Canada housing requirements on employers are described below:
  • Housing requirement for Primary Agriculture Stream (including the Seasonal Agricultural Workers Program)
    • Employers must provide housing on-farm or off-site. Most of the housing is either in bunk houses or farm houses already established on the farm or in close proximity to the farm.
  • Housing Requirement for Low-Wage Stream (Food Processing)
    • Employers must ensure suitable and affordable housing is available or provide it. For the Low-wage Stream, the housing is usually small apartments located within the community that the employer has assisted the temporary foreign workers to arrange or has arranged prior to their arrival. Housing is often shared by workers to save costs.

Note: Information presented in the table does not guarantee completeness, accuracy or currency. Data is the best available at this point-in-time through the review of media reports.