WINNIPEG, MANITOBA, April 11, 2008 - The Honourable Monte Solberg, Minister of Human Resources and Social Development, and the Honourable Nancy Allan, Manitoba Minister of Labour and Immigration, today announced that the Federal Government and the Province of Manitoba are working together to develop a Letter of Understanding (LOU) that will strengthen protections for temporary foreign workers, that include safe working conditions and fulfilling terms of employment.
"Temporary foreign workers play an important part in addressing labour shortages here in Canada. In fact, every year Canadian employers hire thousands of foreign workers to help address their own skill and labour shortages, when they can't find the help here at home," said Minister Solberg. "It is important, then, that all of these foreign workers be guaranteed safe working conditions and the fulfillment of employment contracts. Manitoba is the third province that our Government will be working with to facilitate information sharing on these important labour issues."
The Government of Canada has entered into similar negotiations with Alberta and British Columbia, which were announced in July 2007 and September 2007 respectively.
"Temporary foreign workers help Manitoba's economy grow and succeed and many more are entering our province every year," said Minister Allan. "By developing this LOU, both our levels of government are demonstrating that we can work together to protect the rights of temporary foreign workers and Manitoba will soon introduce legislation to regulate recruiters of these workers."
In the last 18 months, the federal government has made a number of improvements to the Temporary Foreign Worker program. Minister Solberg noted: "We are continuing to take steps to improve the Program by both facilitating the entry of needed workers and taking measures to strengthen protection of their rights while they are here."
Budget 2007 committed an additional $50.5 million over two years to the Temporary Foreign Worker Program to reduce processing delays, and respond more effectively to regional labour and skill shortages, so employers could meet their human resources needs. These investments will facilitate the entry of foreign workers, while helping to ensure that proper measures are in place to protect them.
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This news release is available in alternative formats upon request.
For further information (media only):
Lesley Harmer
Minister Solberg's Office
819-994-2482
Media Relations Office
Human Resources and Social Development Canada
819-994-5559
Colin Lemoine
Press Secretary
Cabinet Communications, Manitoba
204-945-1494
What the Government of Canada is doing to help protect the rights of temporary foreign workers
Backgrounder
The Temporary Foreign Worker Program (TFWP) helps employers meet their immediate skills requirements when qualified Canadian workers cannot be found.
Through the TFWP, the Government balances the needs of employers with the rights of temporary foreign workers (TFWs). We want to ensure TFWs understand that, while in Canada, they benefit from the same protections as Canadian workers. As an example, TFWs must be paid similar wages to Canadian workers doing the same job.
Budget 2007 announced $50.5 million over two years to support improvements to the TFWP, streamlining the process to hire foreign workers, better responding to regional labour and skills shortages, and improving protection of foreign workers.
On May 16, the Minister of Citizenship and Immigration introduced amendments to the Immigration and Refugee Protection Act to help prevent vulnerable foreign workers from being exploited or abused.
We are also working with our provincial counterparts, who are responsible for labour standards and occupational health and safety, to ensure that foreign workers are aware of their rights and responsibilities and the recourse mechanisms available to them.
Information to Employers and TFWs
The Government of Canada intends to take more concrete steps to protect the rights of temporary foreign workers, by distributing information directly to employers and employees.
Products currently available for employers are:
- An information pamphlet on "Hiring Foreign Workers"
- A guidebook that provides employers a step-by-step guide on how to use the TFWP to hire foreign workers.
- A series of fact sheets on various aspects of the Program. Products currently available for workers are:
- an information brochure for Seasonal Agricultural Workers in English, French and Spanish;
- a fact sheet on Employment Insurance in English, French and Spanish, and
- a joint HRSDC\CIC brochure letting workers know about their rights in Canada.
In addition, HRSDC is working with provincial governments to improve co-operation on matters concerning employment standards and temporary foreign workers. HRSDC has signed a Letter of Understanding (LOU) with Alberta, and has initiated discussions with British Columbia and Manitoba to develop similar LOUs. Similar discussions with other provinces and territories is also underway.
Temporary Foreign Worker Program
General Backgrounder
Every year, Canadian employers hire thousands of foreign workers to help address skill and labour shortages.
The Temporary Foreign Worker Program (TEWP) is the Government of Canada's principal tool to help employers meet immediate skill requirements when qualified Canadian workers cannot be found. Employers may recruit workers for any legally recognized occupation from any country. As a result of labour shortages in certain sectors and regions of the country-such as the Alberta oil sands and the construction sector in British Columbia-the program has become increasingly important for businesses trying to remain competitive in Canada's booming economy.
The TFW Program has a number of components: the Live-in Caregiver Program; the Seasonal Agricultural Worker Program (SAWP); the pilot project for occupations requiring lower levels of formal training; the oil sands construction projects in Alberta; and the hiring of foreign academics.
Human Resources and Social Development Canada/Service Canada (HRSDC/SC) and Citizenship and Immigration Canada (CIC) jointly administer the TFW Program. HRSDC/Service Canada deals strictly with employers applying for temporary foreign workers, while CIC deals directly with the temporary foreign workers.
HRSDC\SC provides a labour market opinion to CIC when an employer asks to hire a temporary foreign worker. A labour market opinion determines whether the worker entering Canada will have a positive, negative or neutral impact on the Canadian labour market. CIC then issues the necessary documents for a foreign worker to work in Canada, subject to its screening processes for security, health and other considerations.
HRSDC/Service Canada will work in partnership with provincial and other federal government departments to ensure employers and foreign workers receive complete and accurate information regarding their rights and responsibilities under the TFWP.
Budget 2007 provided an additional $50.5 million over two years to reduce processing delays and more effectively respond to regional labour and skill shortages. Improvements include expanding the online application system and maintaining lists of occupations under pressure-that is, occupations with known shortages of workers.
The TFWP allows employers to hire foreign workers when sufficient numbers of Canadian workers are not readily available.
The Budget also provided for the development of mechanisms to monitor employer compliance with the terms and conditions of the TFWP, and for the development of a formal process to address instances of non-compliance.
Regulatory amendments will be introduced over the coming year with a view to implementing such measures. Stakeholders will have an opportunity to comment on the development of the regulatory package.
To ensure that these new investments in the TFWP will improve protection for workers, and to better inform future policy and program development, we will be seeking feedback from many stakeholders, including employers and unions.
Quick Facts
In 2006, there were 171,844 temporary foreign workers living in Canada, which represents a 122-per-cent increase over 10 years. Temporary foreign workers entering Canada on the basis of a labour market opinion represent about 50 per cent of this number. The remaining foreign workers enter using exemptions under NAFTA or GATS, on student visas or as spouses.
There was a 400-per-cent increase in demand for foreign workers in Alberta between May 2006 and May 2007. In May 2006, employers requested 1,957 workers. In May 2007, employers requested 8,186 workers.
Top 10 Source Countries for Canadian Temporary Foreign Workers (2006):
| 1. United States |
15.0% |
| 2. Mexico |
12.4% |
| 3. France |
7.7% |
| 4. Philippines |
7.6% |
| 5. Australia |
6.6% |
| 6. United Kingdom |
6.4% |
| 7. Jamaica |
5.6% |
| 8. Japan |
5.0% |
| 9. Germany |
3.6% |
| 10. India |
3.4% |
Percentage of Temporary Foreign Workers by Province/Territory (2006):
| Newfoundland |
0.6% |
| Prince Edward Island |
0.1% |
| Nova Scotia |
1.2% |
| New Brunswick |
0.8% |
| Quebec |
13.1% |
| Ontario |
44.7% |
| Manitoba |
2.1% |
| Saskatchewan |
1.4% |
| Alberta |
13.5% |
| British Columbia |
21.8% |
| Yukon |
0.1% |
| Northwest Territories |
0.2% |
| Nunavut |
0.0% |
For more information about the Government of Canada's Temporary Foreign Worker Program, visit HRSDC at www.hrsdc.gc.ca or CIC at www.cic.gc.ca .
Temporary Foreign Worker Program
Roles and Responsibilities
Backgrounder
The Temporary Foreign Worker Program (TEWP) allows employers to hire foreign workers to fill labour shortages when Canadian workers are not readily available. The program, managed by Human Resources and Social Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC), operates under the authority of the Immigration and Refugee Protection Act (IRPA) and its Regulations. IRPA prescribes who may enter and work in Canada. As well, IRPA outlines the respective roles and responsibilities of HRSDC and CIC in regulating the entry of foreign nationals into Canada's workforce.
Human Resources and Social Development Canada
Many of the employers who want to hire a foreign national must apply to HRSDC/Service Canada (SC) for what is called a labour market opinion. HRSDC\SC assesses the potential impact of the worker on Canada's labour market-in other words, how the offer of employment will affect Canadian jobs.
As part of this labour market opinion, HRSDC/SC works case by case to ensure that employers offer prevailing wage rates and acceptable working conditions, and that there are benefits to the labour market associated with hiring the foreign worker. It also ensures the employer has first made a comprehensive effort to fill vacant positions with Canadian workers. If these conditions are met, a positive labour market opinion is given, and the employer receives a letter to that effect.
Citizenship and Immigration Canada
Many of the foreign nationals who wish to work in Canada require a work permit from CIC. HRSDC/SC provides a neutral or positive labour market opinion reflecting the likely impact the employment of the foreign national is likely to have on the Canadian labour market. Following receipt of a positive labour market opinion from HRSDC, CIC determines whether it will issue a work permit and whether the foreign worker will be allowed into Canada.
Provincial and Territorial Governments
The working conditions of temporary foreign workers are the responsibility of the labour department in each province or territory. Temporary foreign workers are covered by the same labour legislation and have the same rights as Canadian workers. Ninety per cent of occupations are provincially regulated, and employment and labour standards for those occupations are the responsibility of the provincial and territorial governments. The other 10 per cent of occupations are federally regulated, and the employment and labour standards fall under the Canada Labour Code.
Employers
Employers request a labour market opinion or arranged employment opinion from HRSDC/SC. Employers are responsible for informing their prospective temporary foreign workers of the labour market opinion assessment results. To receive a positive labour market opinion, employers must meet all the requirements of the labour market opinion, including the following.
Under the TFWP, they must
- demonstrate comprehensive and ongoing efforts to recruit Canadians, including youth, Aboriginal people, recent immigrants and Canadians in areas of high unemployment;
- demonstrate efforts to hire unemployed Canadians through HRSDC and provincial employment programs; and
- consult with the local union if the position is covered under a collective agreement.
Under the Low-Skill Pilot, they must
- sign an employer-employee contract outlining wages, duties and conditions related to the transportation, accommodation, health and occupational safety of the foreign worker;
- cover all recruitment costs related to the hiring of the foreign worker;
- help the worker find suitable and affordable accommodation;
- pay the foreign worker's airfare to and from Canada;
- provide medical coverage until the worker is eligible for provincial health insurance coverage;
- register the worker under the appropriate provincial workers' compensation and workplace safety insurance plans; and
- when the employment offer is longer than 12 months, indicate that wages will be reviewed and adjusted, if necessary, at the end of a year to ensure prevailing wage rates are being respected.
For more information about the Government of Canada's Temporary Foreign Worker Program, visit HRSDC at www.hrsdc.gc.ca or CIC at www.cic.gc.ca .
