June 26, 2024 Gatineau, Quebec Employment and Social Development Canada
The Temporary Foreign Worker (TFW) Program continues to play an important role in Canada's economy. It enables Canadian employers to temporarily fill labour and skills shortages when qualified Canadians and permanent residents are not available, while protecting foreign workers during their stay in Canada.
Employment and Social Development Canada (ESDC) takes the responsibility to protect the health and safety of temporary foreign workers seriously. Any abuse of workers or misuse of the Program is not tolerated and is addressed through its compliance regime and fines.
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, an increase of approximately 36% from the prior fiscal year, when $1.54 million in administrative monetary penalties were issued. Additionally, a total of 12 employers were banned from the Program, compared to the previous fiscal year, when 7 employers were banned. Employers who are found to be non-compliant with TFW Program conditions are listed on a public-facing website managed by Immigration, Refugees and Citizenship Canada (IRCC).
Some examples of employers found in violation of the conditions of the TFW Program from April 1, 2023 to March 31, 2024 include:
- An employer in the food service industry was fined $152,000 and given a two-year ban from the Program for breaking federal, provincial or territorial laws in hiring and recruiting employees, as well as for improper worker pay and working conditions, among other violations.
- An employer in the agriculture sector faced a $46,000 monetary penalty and a five-year ban from the Program for failing to provide the inspector with proper documentation, as well as providing an inaccurate description of the job on the Labour Market Impact Assessment (LMIA) application.
- An employer in the transport sector was penalized $135,000, along with a 10-year ban, for failing to provide an abuse-free environment and for failing to provide documents.
The Government of Canada has invested $48 million over two years, starting in 2023-2024, to improve the Employer Compliance Regime under the TFW Program through activities that include hiring more program inspectors and maintaining the worker protection tip line. In addition, this funding has supported:
- outreach sessions to employer organisations and consulates to help spread awareness of temporary foreign worker rights and employer obligations;
- enhanced tools to provide user-friendly mechanisms to report potential misuse of the TFW Program; and
- the implementation of a process to escalate concerns to appropriate stakeholders within 48 hours in situations where the health and safety of temporary foreign workers are at immediate risk.
The Government continues to work closely with all partners to ensure the continued improvement of the program to better support and protect temporary foreign workers.
