Temporary foreign worker program in Canada
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The Temporary Foreign Worker Program (TFWP) is a program of the
Government of Canada The government of Canada (french: gouvernement du Canada) is the body responsible for the federal administration of Canada. A constitutional monarchy, the Crown is the corporation sole, assuming distinct roles: the executive, as the ''Crown-i ...
that allows employers in Canada to hire
foreign national A foreign national is any person (including an organization) who is not a national of a specific country. ("The term 'person' means an individual or an organization.") For example, in the United States and in its territories, a foreign nationa ...
s. Workers brought in under the program are referred to as Temporary Foreign Workers (TFWs) and are allowed to work in positions that are not filled by Canadians. The aim was to address skill shortages and promote economic growth. Initially, the program was aimed at nurses and farm workers, but today it gives highly skilled and less skilled workers the opportunity to work in Canada.


History

Between 1993 and 2013, the total number of TFW more than doubled to 338,189 workers; between 2006 and 2014 alone, over 500,000 workers were brought into Canada under the program. When TFWP began in 1973, most of the individuals brought in were high-skill workers, such as
medical specialists A medical specialty is a branch of medical practice that is focused on a defined group of patients, diseases, skills, or philosophy. Examples include those branches of medicine that deal exclusively with children (paediatrics), cancer (oncology), ...
. In 2002, however, a "low-skilled workers" category was added, which now makes up most of the temporary foreign workforce. In 2006, the program was expanded, introducing fast-tracking for some locations. It was revised again in 2013, raising wages, charging employer fees, and removing the accelerated applications. In 2018, the number of workers allowed increased by 36 percent and more than 17,600 permits were issued. During the Covid-pandemic in 2020, the Canadian government, together with the TFWP, sought out to increase protection for foreign workers through protective legislation.


Employment

Apart from their temporary status, TFWs have the same employment rights as Canadian workers, and can phone a free
1-800 A toll-free telephone number or freephone number is a telephone number that is billed for all arriving calls. For the calling party, a call to a toll-free number from a landline is free of charge. A toll-free number is identified by a dialing pref ...
number for help. However, because of the way in which the Canadian residence of a temporary foreign worker is tied to an employer, some TFWs have said they have been treated worse than Canadian co-workers. It is against Canadian federal rules to bring in temporary foreign workers if Canadian workers are available. For an employer to hire a TFW, or for a TFW to work in a company they started in Canada, they may need to obtain a
Labour Market Impact Assessment A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to receive prior to hiring a foreign worker. When a Canadian employer is seeking to hire a foreign worker, it must first be determined if an LMIA is needed ...
(LMIA). A positive LMIA or a confirmation letter grants permission to the employer who proves that there is a need for a foreign worker to fill the job as no Canadian worker is available and that such hiring will not negatively impact the Canadian labour market. Foreign agricultural workers make up roughly 60% of all workers coming into the country under the TFWP.


Controversies


2013

In April 2013, the
Canadian Broadcasting Corporation The Canadian Broadcasting Corporation (french: Société Radio-Canada), branded as CBC/Radio-Canada, is a Canadian public broadcaster for both radio and television. It is a federal Crown corporation that receives funding from the governmen ...
(CBC) began reporting on issues surrounding the hiring of temporary foreign workers. On 6 April, ''
CBC News CBC News is a division of the Canadian Broadcasting Corporation responsible for the news gathering and production of news programs on the corporation's English-language operations, namely CBC Television, CBC Radio, CBC News Network, and CBC.ca ...
'' reported that Canadian IT workers at the
Royal Bank of Canada Royal Bank of Canada (RBC; french: Banque royale du Canada) is a Canadian multinational financial services company and the largest bank in Canada by market capitalization. The bank serves over 17 million clients and has more than 89,000 ...
(RBC) were losing their jobs to replacement foreign workers, who were brought from India by outsourcing firm iGATE. Existing RBC employees trained their replacements before they themselves were
laid off A layoff or downsizing is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees (collective layoff) for business reasons, such as personnel management or downsizing (reducing the ...
, causing their appeal to the media. Additionally in 2013, ''CBC'' found that, in
Saskatchewan Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
, 65% of recent newly created jobs were held by temporary foreign workers, and in
Nova Scotia Nova Scotia ( ; ; ) is one of the thirteen provinces and territories of Canada. It is one of the three Maritime provinces and one of the four Atlantic provinces. Nova Scotia is Latin for "New Scotland". Most of the population are native Eng ...
over one thousand employers had requested foreign workers. ''CBC'' also reported that a Chinese company that owns a mine in
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, for ...
was attempting to import workers from
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
. According to the ''
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'', one of the requirements of the job was the ability to speak
Mandarin Chinese Mandarin (; ) is a group of Chinese (Sinitic) dialects that are natively spoken across most of northern and southwestern China. The group includes the Beijing dialect, the basis of the phonology of Standard Chinese, the official language ...
. In October, ''Huffington Post'' reported that the
Alberta Federation of Labour The Alberta Federation of Labour (AFL) is the Alberta provincial trade union federation of the Canadian Labour Congress. It has a membership of approximately 170,000 from 29 affiliated unions. The AFL was founded in 1912, when mining workers and ...
said foreign workers were displacing Canadian workers in
Fort McMurray Fort McMurray ( ) is an urban service area in the Regional Municipality of Wood Buffalo in Alberta, Canada. It is located in northeast Alberta, in the middle of the Athabasca oil sands, surrounded by boreal forest. It has played a significan ...
. The report claimed that 270 Canadian workers employed by a
Toronto Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the anch ...
-based firm were to be replaced by foreign workers employed by an
Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...
firm. On 23 October, ''
Global News Global News is the news and current affairs division of the Canadian Global Television Network. The network is owned by Corus Entertainment, which oversees all of the network's national news programming as well as local news on its 21 owned-an ...
'' reported that Farmers of North America, in
Saskatoon Saskatoon () is the largest city in the Provinces and territories of Canada, Canadian province of Saskatchewan. It straddles a bend in the South Saskatchewan River in the central region of the province. It is located along the Trans-Canada Hig ...
, was helping farmers recruit TFWs in order to help them. The
Canadian Federation of Agriculture The Canadian Federation of Agriculture (CFA) is Canada's largest general farm organization, representing 200,000 farmers and farm families. The organization is headquartered in Ottawa, Ontario, with the mandate to provide a unified industry voi ...
reportedly estimated that Canada was in need of 30,000 seasonal and longer-term farm workers. Employment Canada acknowledged that there was a shortage of agricultural workers.


Political reaction

The move resulted in a strong negative reaction from the public, and garnered attention from the office of the Minister of Human Resources and Skills Development Canada. Accordingly, Human Resources Minister
Diane Finley Diane Finley (born October 3, 1957) is a former Canadian politician. From 2006 through 2015, she served in the cabinet of Prime Minister Stephen Harper. Her ministerial portfolios included Minister of Human Resources and Skills Development, M ...
issued a statement saying the situation is unacceptable if it is true. RBC responded to the controversy by issuing a statement denying the charges and offering clarification of the situation. While a reported 45 employees lost their jobs, the bank nevertheless had indicated that they intended to expand this practice in the coming year. In May, the TFWP was the focus of debate between the
Conservative government Conservative or Tory government may refer to: Canada In Canadian politics, a Conservative government may refer to the following governments administered by the Conservative Party of Canada or one of its historical predecessors: * 1st Canadian Min ...
and the NDP Official Opposition, and Prime Minister
Stephen Harper Stephen Joseph Harper (born April 30, 1959) is a Canadian politician who served as the 22nd prime minister of Canada from 2006 to 2015. Harper is the first and only prime minister to come from the modern-day Conservative Party of Canada, ...
was questioned at the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. T ...
about the program. ''CBC'' reported that some employers were said to be abusing the TFWP by bringing in temporary foreign workers to areas where qualified local workers were collecting Employment Insurance (EI) benefits. During Question Period, Harper said that the government had addressed this issue before 2013, and that changes had been made to both the EI and TFW programs in order to address these issues. He stated that the NDP did not cooperate at the time in the introduction of the changes, and that NDP
Members of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members of ...
requested more foreign workers in their own ridings.


2014

In January 2014, Employment Minister
Jason Kenney Jason Thomas Kenney (born May 30, 1968) is a Canadian former politician who served as the 18th premier of Alberta from 2019 until 2022 and the leader of the United Conservative Party (UCP) from 2017 until 2022. He also served as the member of ...
pledged a second round of reforms citing employee frustration. In April, issues with the program came under scrutiny by ''CBC'' relating to the procurement of temporary foreign unskilled labour by
McDonald's Canada McDonald's Restaurants of Canada, Limited (french: Les Restaurants McDonald's du Canada Limitée) is the Canadian master franchise of the fast food restaurant chain McDonald's, owned by the American parent McDonald's Corporation. One of Canada ...
. On 24 April, Kenney announced that the TWFP had been suspended for the food-services industry. It has since been renewed.


Microsoft

In December 2014, ''CBC'' reported that Microsoft Canada obtained an exemption from the federal government that will allow the company to bring in an unspecified number of TFW to
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, for ...
. The trainee foreign workers—most of whom would be from
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...
and
China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
—were to be hired without requiring Microsoft to look for Canadian workers who could fill the positions.


2017

In 2017, the Toronto Star conducted an investigation that revealed a large number of cases of incorrect accommodation, lack of access to medical care, violence and abuse.


See also

*
Guest worker program ‍A guest worker program allows foreign workers to temporarily reside and work in a host country until a next round of workers is readily available to switch. Guest workers typically perform low or semi-skilled agricultural, industrial, or domesti ...
*
Labour Market Impact Assessment A Labour Market Impact Assessment (LMIA) is a document that an employer in Canada may need to receive prior to hiring a foreign worker. When a Canadian employer is seeking to hire a foreign worker, it must first be determined if an LMIA is needed ...
* Live-In Caregiver Program *
Seasonal Agricultural Worker Program The Seasonal Agricultural Worker Program (SAWP) is a Government of Canada program that was introduced by the Pearson government in 1966 between Canada and Jamaica but has since expanded to include Mexico and numerous other Caribbean countries. It i ...
* Temporary residency


References


External links


Temporary Foreign Worker Program
at the Government of Canada {{Canada-gov-stub Immigration to Canada Labour in Canada Political controversies in Canada Foreign workers