Ottawa simplifies temporary foreign worker process for ‘trusted’ employers

The federal government is simplifying the process for bringing temporary foreign workers into Canada for select employers that have had previous success with the program.

In his first announcement as minister of Employment, Workforce Development and Official Languages, Randy Boissonnault launched the Recognized Employer Pilot in Delta, B.C. on Tuesday. The program was first described as the “trusted employer model” in Budget 2022, when it received a $29.3-million commitment over three years.

“My job is to rev Canada’s economic engine, our workforce, with all of our colleagues and make that workers are ready for the 21st century,” Boissonnault said.

“It’s the people who work in these businesses and in all of our institutions that literally create wealth in every part of our country, and we need a skilled, agile and inclusive workforce to support our growing economy.”

1:38 Canadian government launches recognized employer pilot for temporary foreign workers

The Recognized Employer Pilot will allow eligible employers to access a simplified Labour Market Impact Assessment — the document an employer submits to prove a foreign worker is needed and no Canadian worker or permanent resident is available to do the job.

Those assessments will stay valid for three years, instead of the usual 18 months, allowing employers to plan for the long-term more easily and reduce the number of documents they need to submit, according to Employment and Social Development Canada. Recognized employers will also have a special designation in the federal job bank that shows their status to prospective workers.

In order to be eligible, an employer must have had a minimum of three positive Labour Market Impact Assessments over the past five years, in a field that Ottawa recognizes as having a shortage of workers. They will undergo more rigorous screening prior as well, Boissonnault said.

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In addition to outlining the basics of the initiative, Boissonnault, who was Canada’s tourism minister prior to last month’s cabinet shuffle, reiterated a key message about migrant worker rights: They are identical to those of Canadian citizens and permanent residents.

“As we’ve seen, several factors make them more vulnerable to exploitation and abuse — language barriers, social and physical isolation, a lack of knowledge about their rights, and a fear of reprisal should they come forward with a complaint,” he explained.

All temporary foreign workers are now equipped with information on their rights before starting work, Boissonnault added, and Canadian employers are prohibited from charging recruitment fees or punishing them for complaining.

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Ottawa cracked down on violations of migrant workers’ rights last year, carrying out more than 2,100 employer inspections between April 2022 and March 2023, according to the minister. One hundred seventeen were out of compliance, 94 were fined a total of $1.5 million, 23 received warnings and six were banned from the program for five years.

British Columbia brings in the second-largest number of temporary foreign workers in Canada annually, with more than 32,000 in the province at the end of last year. In 2021, there were more than 10,200, an increase of 7.8 per cent from 2020, according to Statistics Canada.

Agriculture is the primary driver of demand.

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Raul Gatica, a former migrant worker in B.C. and assistant to the board of directors at the Dignidad Migrante Society, said he’s unsure how Tuesday’s announcement will help migrant workers. He doubted, based on personal experience, that local employers could pass rigorous screening that would show they are repeat, positive participants in the program.

“I have been in the field and I work 24 hours a day, and I didn’t see after 17 years one single good employer who respects workers’ rights,” he told Global News on Tuesday.

“What is the intention to the government? The intention is to provide more and more support to the business, to the company, the employer … they don’t need even to invest $29 million in this project. They should allow the undocumented workers to get work permit and they will solve everything.”

Gatica recently returned from a trip to the Okanagan, where he said he saw a “thousand” undocumented workers picking fruit. He said Ottawa should “regularize” them, fund their protection and increase inspections instead of offering more financial support to businesses.

The new Recognized Employer Pilot will begin in two phases, with primary agriculture employers able to begin applying next month, and all other employers in January next year.