The Standing Senate Committee on Social Affairs, Science and Technology (SCSAST) has released a significant report recommending that Immigration Refugees and Citizenship Canada (IRCC) cease issuing closed work permits. The report scrutinizes the Temporary Foreign Worker Program (TFWP), originally established in 1973 to help Canadian employers fill urgent vacancies when no Canadians or permanent residents were available.
Background on the TFWP
Initially intended as a “last resort” for employers, the TFWP has become integral to the Canadian labor market. It serves as a crucial pathway to permanent residency for many newcomers who gain in-country work experience, enhancing their eligibility for programs like Express Entry’s Canadian Experience Class.
How the TFWP Functions
Employers seeking to hire through the TFWP must secure a positive or neutral Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC), demonstrating that hiring a foreign worker will not negatively impact the national economy or labor force. Once obtained, employers can use the LMIA to support the work permit application of their chosen candidate.
Work permits under the TFWP are closed, meaning employees can only work for the specific employer who secured their permit. This restriction makes workers vulnerable to abuse and limits their ability to change jobs without jeopardizing their immigration status.
Key Recommendations and Findings
The SCSAST report highlights significant criticisms of the TFWP, noting that it is “not working well for employers or workers.” The employer-specific permits create structural barriers for workers, making them more susceptible to exploitation and abuse.
To address these issues, the SCSAST recommends phasing out employer-specific work permits within three years. The report also suggests exploring sector-specific or region-specific permits, which could provide more flexibility for both employers and employees. This change would alleviate some of the financial and administrative burdens on employers, such as those related to healthcare, transportation, and housing.
Broader Implications and Additional Recommendations
The Cooper Institute, another key stakeholder, echoes the call to end employer-specific permits and advocates for granting permanent resident status to all migrant workers. They argue that temporary immigration status places migrant workers in a separate class, limiting their labor rights and access to settlement services.
The SCSAST also emphasizes the need for better communication within the TFWP, proposing the establishment of a Migrant Work Commission. This commission would serve as a centralized body to address reports of abuse, advocate for workers’ rights, and improve data collection and analysis regarding the experiences of migrant workers.
Moving Forward
The report includes additional recommendations, such as providing better pre-arrival information for TFWs, increasing unannounced workplace inspections, and expanding the Provincial Nominee Program to offer more pathways to permanent residency.
According to Senate legislation, the government has 150 calendar days to respond to the standing committee’s report or explain any delays in response. This timeline underscores the urgency of addressing the issues identified in the report and implementing its recommendations to improve the TFWP for all stakeholders.