Ensuring the health and safety of temporary foreign workers is a key priority of the Government of Canada. While working in our country, temporary foreign workers have the same rights and protections as Canadians and permanent residents under applicable federal, provincial, and territorial employment standards and collective agreements.
The vast majority of employers using the Temporary Foreign Worker (TFW) Program respect workers' rights and comply with program rules. To ensure continued employer compliance, the Department of Employment and Social Development Canada (ESDC) is working to strengthen the employer compliance regime by implementing a series of measures aimed at improving the quality, timeliness and reach of inspections.
To verify employers' compliance with program conditions, an inspection may be launched and can include announced or unannounced visits to the workplace, as well as interviews with employees, supervisors and the employer. Employers are expected to demonstrate that they comply with program requirements by providing information and documentation throughout the inspection process.
If non-compliance is identified during an inspection, the Department provides opportunities for employers to be brought into compliance with program and regulatory conditions. The Department continues to expand and enhance outreach activities to educate employers on their obligations as users of the TFW Program.
To protect the health and safety of temporary foreign workers and to prevent abuse, the TFW Program uses enhanced tools to help workers and other parties anonymously report situations of potential wrongdoing and/or misuse of the Program. This includes a confidential tip line with live agents available in multiple languages. An online reporting tool is also available where temporary foreign workers or other concerned parties can report situations of suspected abuse or program misuse.
ESDC reviews all allegations received and, in situations where the health and safety of temporary foreign workers are at immediate risk, appropriate action is taken within 48 hours.
From April 1, 2023, to March 31, 2024, ESDC assessed 8,426 tips, 57% of which resulted in an inspection being launched, informing an active inspection, or a referral being sent to an external partner. Employers who are found to be non-compliant with TFW Program conditions are listed on a public-facing website managed by IRCC.
There are three classifications of violations in the Immigration and Refugee Protection Regulations (A, B and C) that can result in Administrative Monetary Penalties (AMP) and bans from the TFW Program. These kinds of violations include those that would put the life or safety of a temporary foreign worker at risk; failing to pay appropriate wages; failing to provide safe working conditions and appropriate accommodations; and when temporary foreign workers are victims of abuse.
Last fiscal year, ESDC completed 2,122 inspections under the TFW Program. Of the employers inspected, 94% were found to be compliant. During this period, $2.1 million in Administrative Monetary Penalties (AMP) were issued to non-compliant employers for violating program rules, and a total of 12 employers were banned from the Program.
The Department jointly administers the TFW Program with Immigration, Refugee and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA). ESDC also relies on collaboration with the provinces, territories, municipal partners, consulates and migrant support organizations when required. Criminal enforcement is referred to CBSA, Royal Canadian Mounted Police (RCMP) and local police.
