SOCI committee briefing binder: Appearance of Minister of Employment, Workforce Development and Official Languages - September 28, 2023

Issue

This note provides general information on the Temporary Foreign Worker (TFW) Program, including its overall purpose and design.

Background

• The TFW Program enables employers to fill labour and skills shortages on a temporary basis when Canadians and permanent residents are not available, while protecting foreign workers while in Canada
• Along with the International Mobility Program (IMP), which is administered by IRCC, the TFW Program is one of Canada's 2 temporary work entry programs
• Unlike the IMP, the TFW Program requires employers to undertake a Labour Market Impact Assessment (LMIA) to demonstrate that there is a genuine labour market need that cannot be filled by a Canadian or permanent resident
• The LMIA is an important tool that not only helps protect the Canadian labour market from potential negative impacts of hiring temporary foreign workers, including downward pressure on Canadian wages, but also helps protect workers by ensuring that the business and job being offered are legitimate. It reinforces Program conditions and employer obligations, and ensures that workers are paid a fair wage
• The TFW Program is jointly administered by 3 federal departments: ESDC, IRCC, and the Canada Border Services Agency (CBSA):
  • ESDC is responsible for processing employers' requests for LMIAs and for the TFW Program's employer compliance regime, including employer inspections
  • IRCC processes and determines eligibility for work permits; and
  • CBSA, at the port of entry, is responsible for the issuance of work permits
• The Program is particularly important in seasonal work and is a key source of labour for Canada's agricultural sector. Other sectors that rely on the Program include meat and fish processing, tourism, trucking, construction, digital media and technology firms, among others

Key facts

• In 2022, 226,693 temporary foreign worker positions were approved under the Program, with 88,318 in the agricultural sector
• In the same period, the Program approved 86,977 LMIAs, an increase of over 66% compared to the previous year
• While program volumes have increased in recent years due to domestic labour shortages, the TFW Program represents less than 1% of Canada's total labour force

Key messages

Question: What is the Temporary Worker Program doing to prevent the abuse and exploitation of workers?

Answer

• The Government of Canada takes its responsibility to protect the health and safety of temporary foreign workers, as well as the integrity of the Program, very seriously, and does not tolerate any abuse and/or misuse of the workers or the Program
• While in Canada, temporary foreign workers have the same workplace protections under applicable federal, provincial, and territorial employment standards as Canadians and permanent residents
• The Program has several measures in place to ensure that workers, and the Program, are protected from abuse. Employers are expected to uphold certain conditions and be aware of their responsibilities and obligations
• This includes a comprehensive compliance regime that protects workers by verifying, through inspections, that employers are meeting their obligations
  • If employers fail to meet Program conditions, or do not cooperate during an inspection, they can face administrative penalties of up to $1M, and/or bans from the Program
  • ESDC treats investigations with the utmost importance, and works closely with provincial partners to share information and collaborate on inspections
• ESDC also operates a confidential tip line and online reporting tool, where temporary foreign workers and other parties can anonymously report situations of potential wrongdoing and/or misuse of the Program
  • All allegations are reviewed and appropriate action is taken
  • If criminal activity is suspected, the information is forwarded to law enforcement agencies such as the RCMP and CBSA
  • In addition, the Program has implemented a number of measures over the last year to further enhance worker protections, including:
  • Launch of the Migrant Worker Support Program (totaling $49.5M) in October of 2022 to protect temporary foreign workers from mistreatment and abuse
    • This program builds on the $19.3M directed through non-profit organizations since 2019 and is providing funding directly to organizations across Canada to support their provision of migrant worker-centric programs and services
    • Funding is supporting 11 community-based organizations, and approximately 95 sub-agreement holders across Canada, to deliver community-based services, including, on-arrival orientation, assistance in emergency and at-risk situations, and tools to help workers better understand and exercise their rights
  • The coming into force of key regulatory amendments in September of 2022. These regulatory amendments better protect temporary foreign workers and help prevent mistreatment and abuse during their stay in Canada by:
    • Mandating that employers provide all temporary foreign workers with information about their rights in Canada (facilitated by the published guide entitled ‘Temporary foreign workers: your rights are protected')
    • Prohibiting reprisal by employers against workers, for instance against those who come forward with complaints
    • Prohibiting employers from charging recruitment fees to workers and holding them accountable for the actions of recruiters in this regard; and
    • Requiring employers to provide reasonable access to healthcare services.  Employers using the TFW Program are also required to provide private health insurance when needed
• These regulations further deter bad actors from participating in the Program and improve the Program's ability to conduct inspections and administer consequences for those who do not follow the rules

Question: Is it fair to categorize these workers as "unskilled" or "low skilled"?

Answer

The TFW Program has 5 different Program streams, each with its own set of rules and requirements

• The Primary Agriculture stream is the largest stream, making up about 40% of the Program. The stream focuses on seasonal labour but includes year-round agricultural work. Employers are exempt from paying application fees and are generally required to provide housing for workers
• The Low-Wage stream exists for positions that have wages offered below the median wage in a jurisdiction. This stream accounts for approximately 25% of the Program, and supports food processing, accommodations, and food service sectors
• The High-Wage stream, which makes up about 16% of the Program, exists for positions with wages above the median wage in a jurisdiction. This stream requires employers to submit a "Transition Plan," which demonstrates how they intend to transition their company to rely less on temporary foreign labour, and supports sectors such as trucking, construction, and digital media
• The Global Talent stream is a boutique service, designed to provide innovative Canadian companies with access to highly specialized international talent. This stream accounts for about 4% of the TFW Program
• The Permanent Resident stream is open for higher-skilled foreign workers in the process of becoming permanent residents of Canada. The Permanent Resident stream accounts for approximately 15% of the Program

Issue

The purpose of this note is to provide you with information regarding the statement released by the United Nations' Special Rapporteur on Contemporary Forms of Slavery following the end of his mission to Canada.

Background

On August 23, 2023, the United Nation's Special Rapporteur on Contemporary Forms of Slavery began a tour of Canada to assess the efforts being made to prevent and address contemporary forms of slavery; identify good practices and ongoing challenges; and present constructive recommendations to address observed challenges.

The Rapporteur met with Temporary Foreign Worker (TFW) Program officials, along with officials from Immigration, Refugees and Citizenship Canada (IRCC), and separately with the Labour Program.

Following the tour, an End of Mission Statement was made, which was highly critical of the TFW Program, claiming that it provides an environment where migrant workers are repeatedly abused and mistreated.

Key facts

Currently, there are several recommendations, which include:

• Modifying the TFW Program to enable workers to choose employers freely without any restriction and discrimination
• Applying provincial and territorial employment standards legislation fully to those under the TFW Program without any exemptions or exceptions, including trade union rights
• Strengthening labour and housing inspections, allocating sufficient human and other resources for this purpose and working collaboratively with civil society organizations and trade unions
• Guaranteeing access to healthcare for all migrant workers without any discrimination
• Providing stronger oversight over employment recruiters and immigration consultants

A final report will be published in July 2024 and will be presented at a session of the United Nations Human Rights Council, in 2024.

Key messages

Question: Do you agree with the UN's September 6, 2023, press release statement that the agricultural and low skill streams of the Temporary Foreign Worker Program constitute a breeding ground for contemporary forms of slavery, and that the key issue is that this program provides closed work permits, preventing migrant workers from changing their employers?

Answer

The Government of Canada takes its responsibility to protect the health and safety of temporary foreign workers while they are in Canada very seriously.

ESDC respects the objective and mandate of the Special Rapporteur and will consider this statement when building upon the important work currently underway to ensure worker protections under the TFW Program.

Temporary foreign workers under the Program are issued closed work permits, as the program is intended to fill a specific, temporary need when Canadians or Permanent Residents are not available. This need is determined by an employer's application for a Labour Market Impact Assessment (LMIA).

LMIAs are an important tool that help not only protect the Canadian labour market from possible adverse economic effects of hiring temporary foreign workers, but also reinforces Program conditions, standards, and employer obligations, ensuring that temporary foreign workers are protected.

As part of the LMIA review, Service Canada officers assess whether the employer and job offer are legitimate and verify whether employers have adhered to program requirements designed to improve the protection of workers and enhance program integrity. The closed work permit ensures that a company that a will employ a worker has already been vetted by the Program.

Employers also commit to several key worker protection measures (particularly for low wage workers), such as paid return airfare and a commitment to help with affordable housing. It also ensures workers will be paid adequate wages, which, in-turn, protects the Canadian economy from downward pressure on wages.

Under the Seasonal Agricultural Worker Program (SAWP), workers are permitted to transfer from one farm to another. A transfer is possible only if: the worker has a valid work permit and has not completed 8 months of employment; the receiving employer is a SAWP employer with a positive LMIA; and all parties including the worker; both employers; and the foreign government agent consent to the transfer.

Question: What supports does the TFW Program have available for workers with employer specific work permits who are facing abuse?

Answer

Issue

In December 2021, the Auditor General of Canada tabled a report, examining whether Employment and Social Development Canada and Agriculture and Agri-Food Canada helped protect the health and safety of temporary foreign workers during the pandemic (the audit period covered was January 2020 to June 2021).

Background

The COVID-19 global pandemic, which began in March 2020, introduced new complexities into the Temporary Foreign Worker Program. In recognition of the important role temporary foreign workers play in Canada's food security, and to ensure they and Canadians were protected, the Government acted quickly to introduce new COVID-19-related regulations, which came into force in April 2020. Regulations included 2 new inspection triggers (quarantine and notification of outbreak inspections); stronger penalties for non-compliance against the new conditions; and a virtual inspection regime. These new rules were quickly enacted to protect temporary foreign workers entering Canada to work on farms, while being able to quarantine in employer-provided accommodations.

Given the vulnerability of these temporary foreign workers, the Office of the Auditor General of Canada conducted an audit, starting in July 2020, to examine how well the Department was doing to verify employers' compliance with the new COVID-19 regulatory requirements.

The Auditor General report, tabled on December 9, 2021, found that:

• quarantine inspections provided little assurance of protection for the health and safety of agricultural temporary foreign workers
• the Department did not address long-standing concerns with respect to worker accommodations; and
• the Department did little to meet previous commitments to improve living conditions for agricultural temporary foreign workers

The report included 6 recommendations, for improvements to be made in the following key areas:

• quality and timeliness of inspections
• inspection of employer compliance related to COVID-19 public health laws
• inspection of employer-provided accommodations
• establishment of minimum accommodation requirements
• use of a risk-management approach to reduce inspection backlogs; and
• use of a gender-based analysis plus (GBA Plus) lens in the Program's performance indicators in support to the United Nations 2030 Agenda

The Department agreed with the audit findings and, since December 2021, has worked to meet the commitments and timelines made in the Department's Management Response to the Office of the Auditor General and in the Management Action Plan, which is in line with the Government of Canada's commitment to strengthen the inspection regime to better ensure the health and safety of temporary foreign workers.

Key facts

The Auditor General's report was tabled on December 9, 2021. In response to the report's recommendations, the Department immediately started working on rebuilding the compliance regime and successfully delivered on 4 priority commitments. Specifically, the Department:

1. Established a protocol to take immediate action if a temporary foreign worker's health and safety is suspected to be at risk, including notifying stakeholders, authorities and other jurisdictions
2. Developed a plan to target areas of higher risk, to reduce backlogs and ensure timely inspections
3. Exceeded an 80% rate of inspection files without substantive errors by March 2022 (and 90% by September 2022)
4. Provided supplementary training to all inspection staff in key areas to strengthen quality and ensure timely inspections

In June 2022, the House of Commons Standing Committee on Public Accounts released a study on the Auditor General's report, listing 4 recommendations.

A Government Response, addressing all 4 recommendations, was tabled in Parliament in October 2022 and reports were submitted for the 4 recommendations, with follow-up annual reports to be submitted to the Standing Committee on April 30 of each year until 2026.

The Department continues to make progress in rebuilding the compliance regime by successfully implementing a series of measures aimed at enhancing the quality, timeliness and reach of inspections, including: improving training, implementing a workload strategy, conducting outreach and engagement sessions, increasing its collaboration with stakeholders, information sharing with key partners, operating a confidential tip line and maintaining a liaison service with consulates.

A recent review of inspection cases concluded that overall measures implemented have had a positive influence on the TFW Program and the quality of inspections has significantly increased since 2021.

Key messages

The Government of Canada takes its role in protecting temporary foreign workers very seriously.

The Government is protecting temporary foreign workers by improving the quality of workplace inspections and holding employers accountable for the treatment of workers.

The health and safety of workers is a priority. While provincial and territorial governments are responsible for establishing and enforcing public health and safety laws and policies in their respective jurisdictions, the Department works in collaboration with them regularly.

The Program's confidential tip line was enhanced in fiscal year 2020-2021 to provide individuals with an opportunity to speak to a live agent when reporting abuse. It is available to call 24 hours a day, 7 days a week, with live agents offering services in 200 languages Monday to Friday from 6:30 am to 8 pm Eastern time.

The Government of Canada is continuing its work in rebuilding the Temporary Foreign Worker Program compliance regime by taking into account the Auditor General of Canada's 2021 recommendations and lessons learned during the pandemic, so that temporary foreign workers can continue to be better protected in the future. These efforts have yielded positive results on the quality and timeliness of inspections, as well as advanced work with provincial counterparts on the development of minimum accommodation requirements for temporary foreign workers.

Question: How has ESDC complied with all the Auditor General's recommendations?

Answer

Following the publication of the Auditor General's recommendations, the Department developed a Management Action Plan, focused on making improvements to the Program, based on the audit findings and other lessons learned. As a result of these efforts:

Issue

This note provides you with information on the Temporary Foreign Worker (TFW) Program's compliance with the recommendation of the Senate Committee on Agriculture and Forestry's (AGFO) 2019 report, entitled: Made in Canada: Growing Canada's Value-Added Food Sector.

Background

In 2019, the AGFO undertook a study of Canada's value-added food sector, and published a report which recommended that the Program:

• Review Program requirements to provide an expedited process for participants that have complied consistently with the Program requirements over consecutive years; and
• Review the processing fees for program applications so that they do not impose too heavy a burden on businesses

Key messages

Question: Has ESDC complied with AGFO's recommendations to provide an expedited process and a review of processing fees (labour market impact assessments) for applicants?

Answer

Issue

This note provides you with information on the topic of open work permits for temporary foreign workers.

Background

Most work permits issued to foreign workers under the Temporary Foreign Worker (TFW) Program are closed or "employer-specific" work permits, meaning that it is for a designated role with a specific Canadian company according to specific conditions, such as length of employment and location.

The processing, determination of eligibility, and policy lead for work permits falls under the responsibility of Immigration Refugees and Citizenship Canada (IRCC).

Questions relating to work permits and their processing should be redirected to IRCC for their response.

Key messages

Question: Employers argue for closed work permits, tying the temporary foreign worker to them, while rights advocates argue for the creation of flexible work permits, which may lead to competitive labour standards - which model does the TFW Program have in place, and why?

Answer

ESDC is responsible for the administration of the Labour Market Impact Assessment (LMIA), a key feature of the TFW Program.

LMIAs are an important tool that helps not only to protect the Canadian labour market from negative impacts of hiring temporary foreign workers, but also reinforces Program conditions, standards, and employer obligations, ensuring that temporary foreign workers are protected.

With respect to worker protections, Service Canada officers review whether the employer and job offer are legitimate and verify whether employers have adhered to program requirements designed to improve the protection of workers and enhance program integrity.

Employers also commit to several key worker protection measures (particularly for low wage workers), such as paid return airfare and a commitment to help with affordable housing. It also ensures workers will be paid adequate wages, which, in-turn, protects the Canadian economy from downward pressure on wages.

Once an employer has an approved LMIA, the worker can apply to IRCC for a closed work permit, which authorizes them to work for a specific employer, occupation, and time period.

Temporary foreign workers who have a valid employer-specific work permit, or a work permit under the Seasonal Agricultural Worker Program, and who are experiencing or are at risk of abuse in their jobs can apply for an Open Work Permit for Vulnerable Workers (OWP-V). This permit allows temporary foreign workers to work temporarily for any employer, typically for one year, without the need for a Labour Market Impact Assessment.

Work stemming from the 2021 mandate commitment to implement sector-based work permits is currently underway.

Issue

This note provides you with information on collective best practices relating to temporary foreign worker programs globally, as well as details on the role that collective agreements play within the Temporary Foreign Worker (TFW) Program.

Background

Key messages

Question: How do other countries manage their temporary migrant workforce?

Answer

Several countries (for example, Australia and New Zealand) rely on international agreements or memorandums of understanding with international counterparts to identify migrant workers that can be hired by domestic employers.

Consistent across countries is the fact that employers of temporary foreign workers are subject to local labour laws, which serve to provide similar protections to temporary foreign workers as those afforded to domestic workers. Additional protections, such as policies related to health insurance and accommodations, vary across countries.

While not common, several countries provide temporary foreign workers with the option to change employers, due to employer-related infractions or individual choice (for example, U.S.A., Chile, Japan, and Spain). Such mobility generally appears to be restricted to the sector or skill-level associated with the initial work permit issued.

To help situate foreign workers, a select number of countries require that employers permit temporary foreign workers to undertake training (sometimes paid) prior to, upon, or shortly after their arrival (for example, New Zealand, Singapore, and South Korea). The training typically focuses on ensuring that workers are aware of their rights and responsibilities while in the country, as well as sensitizing them to local norms.

Engagement with unions in the administration of migrant worker programming varies. In countries with a long history of unionization (such as, Sweden), unions play a formal role in the application process as employers are required to submit a statement from the union validating the wage offered, among other aspects of the job offer. Other countries (for example, Spain) engage unions, along with other stakeholders (for example, employer associations), to support the design of key program features and broader migration policy. For countries or sectors within countries that do not have such a history with unionization, the interaction between migrant worker programming and unions would be unlikely.

Question: Noting that this is provincial jurisdiction, should laws across the country be changed to allow the unionization of agricultural workers, including temporary foreign workers, to improve working conditions?

Answer

The right of agricultural workers to unionize is subject to provincial regulations.

Temporary foreign workers benefit from the same rights to workplace protections under applicable federal, provincial, and territorial employment standards as Canadians and permanent residents.

Temporary foreign workers hired into unionized positions are therefore subject to working conditions and worker protections established in collective agreements.

In terms of improved working conditions for TFWs, the Government of Canada takes its responsibility to protect the health and safety of temporary foreign workers very seriously. As such, the Department has put in place a number of key measures. For example:

• Recognizing that TFWs may not always feel comfortable reporting abuse, for fear of reprisal, the Government of Canada operates a confidential tip line with live agents offering services in 200 languages
• As part of the Government's broader commitment to protecting temporary foreign workers from mistreatment and abuse, Budget 2021 committed $49.5 million over 3 years to implement the Migrant Worker Support Program. This program supports temporary foreign workers by addressing power imbalances between employers and workers. The Program aims to support migrant workers in Canada to learn about and exercise their rights

Issue

Can temporary foreign workers in Canada access Employment Insurance (EI) benefits if they lose their employment?

Background

• All workers in insurable employment in Canada, including foreign workers, pay Employment Insurance (EI) premiums regardless of the industry in which they are employed and irrespective of whether they have an expectation of receiving benefits
• All contributors, including foreign workers, are entitled to EI benefits, provided that they meet qualifying and entitlement conditions applicable to all insured workers in Canada
• For foreign workers, this usually means that they must have a valid work permit issued by Immigration, Refugees and Citizenship Canada (IRCC) and a valid social insurance number (SIN) issued by Service Canada that allows them to legally work in Canada in order to prove availability for work and be eligible for EI regular and sickness benefits
• Foreign workers who are allowed to remain in Canada after their work permit expires and have applied to extend the work permit before it expired, may receive benefits pending receipt of the new work permit - this worker has "implied status" from IRCC
• Absence from Canada automatically disentitles a claimant from these benefits unless the reason for the absence falls within those prescribed in the EI Regulations
• However, claimants do not have to prove availability for work to receive maternity, parental and caregiving benefits. Claimants who meet eligibility criteria for these benefits may receive them while they are outside Canada, as long as their SIN remains valid

Key facts

• The Employment Insurance (EI) is an insurance-based program that provides eligible workers who lose their jobs through no fault of their own with temporary income support while they look for work (EI regular benefits)
• The program also provides support for workers who are unable to work because of sickness, maternity or caring for a newborn or newly adopted child, and for those who must care for a gravely or critically ill family member (EI special benefits)
• All workers who contribute to the program through EI premiums, including seasonal agriculture workers and other foreign workers, are entitled to EI regular and special benefits, provided that they meet qualifying and entitlement conditions applicable to all insured workers in Canada

Key messages

• All workers in Canada, including foreign workers, are entitled to EI benefits, provided that they meet qualifying and entitlement conditions
• All claimants must be available for work in Canada to be eligible for EI regular or sickness benefits. For foreign workers, this usually means that they must have a valid work permit and social insurance number that allows them to legally work in Canada
• Foreign workers who lose their jobs through no fault of their own, and who are legally permitted to seek new employment, may be able to demonstrate that they are available for work, and may be eligible to receive EI regular benefits
• Each year, foreign workers receive EI benefits, including regular, maternity, parental, caregiving and sickness benefits

Issue

This note provides you with information on how the TFW Program promotes ethical recruitment of temporary foreign workers.

Background

When Canadian employers are unable to find the labour they need domestically, they can use different methods to recruit temporary foreign workers in other countries.

A popular method of recruitment involves hiring a third-party recruiter to connect Canadian employers with prospective workers in other countries. Prospective workers from other countries face inherent vulnerabilities that can be exploited when employers use potentially questionable third-party recruiters.

• Certain recruiters have been known to charge fees to temporary foreign workers in exchange for access to jobs - sometimes leading to debt bondage.

The Government of Canada has no authority over foreign recruiters, but can regulate employer obligations, such as the obligation to ensure that third-party recruiters do not download costs to workers.

Key Facts

On September 26, 2022, new amendments to the Immigration and Refugee Protection Regulations came into force.

These regulatory amendments better protect temporary foreign workers and help prevent unethical recruitment methods, mistreatment, and abuse during their stay in Canada.

Employers are now prohibited from charging recruitment fees to workers, and employers are now held accountable for the actions of recruiters in this regard.

Key Messages

Question: What is being done to address unscrupulous recruiters and immigration consultants?

The September 2022 regulatory amendments now prohibit employers from charging recruitment fees to workers. The amendments also hold employers accountable for the actions of recruiters in this regard.

The amendments are meant to discourage the use of unethical recruiters by holding the employer responsible for the actions of a third party. The intent of the amendment is to protect foreign workers from financial exploitation and abuse.

Recruitment fees include any costs incurred by employers to secure workers, or by workers to secure employment, such as Labour Market Impact Assessment processing fees; recruitment advertising fees; and payments to third-party recruiters.

Administrative fees charged by the Government of Canada related to the immigration process (for example, temporary visas, temporary resident permits and work permits) are expected to be paid by TFWs.

• If an employer requires a TFW to use professional services to support such immigration processing, related fees incurred by the TFW would be considered recruitment fees
• However, if a TFW voluntarily chooses to use such a service, the onus would be on the worker to pay the associated fees

Immigration, Refugees and Citizenship Canada provides guidance on their website on how to ensure immigration consultants are authorized, and stresses that any applications using an unauthorized representative, in Canada or abroad, can be returned or refused.

Issue

This note provides information on the supports available to temporary foreign workers when they face dismissal by Canadian employers.

Background

Temporary foreign workers in Canada have the same rights and workplace protections as Canadians and permanent residents, including in instances of dismissals and employment termination.

Key messages

Question: What recourses do workers have when faced with unfair dismissals?

Answer

When faced with unfair dismissals, temporary foreign workers have the same avenues available to Canadians and permanent residents through the applicable federal, provincial, and territorial employment and labour laws.

For example, if a temporary foreign worker loses their job through no fault of their own - such as in the event of an unexpected workplace closure - they may be eligible for Employment Insurance (EI) benefits when qualifying and entitlement conditions are met.

For foreign workers, this typically includes requirements that they have a valid work permit issued by Immigration, Refugee and Citizenship Canada (IRCC), and a valid social insurance number (SIN) issued by Service Canada that allows them to legally work in Canada.

There are also several avenues and policies in place to support temporary foreign workers who wish to find new employment in Canada.

The Government of Canada's Job Bank webpage, for instance, provides information to help temporary foreign workers in Canada find a job in the TFW Program.

• In June of 2021, the Government of Canada launched new features on the Job Bank that enable temporary foreign workers to search for jobs from eligible employers
• These features help workers and migrant worker organizations that support them, to connect with employers through a trusted source
• Operated by Employment and Social Development Canada, the Job Bank site provides an online database of job listings in Canada, as well as other employment services and information for recruiters and job seekers, including career planning, resume creation, job matching, and notifications

If workers wish to return to their home country instead of exploring other options, their employer is responsible for arranging and paying for their return airfare (except for employers using the Seasonal Agricultural Worker Program, who can recover some transportation costs through payroll deductions in all provinces except British Columbia).

Question: How does the federal government protect workers against employer retaliation, such as a blacklisting, if they have submitted a complaint?

Answer

New amendments to the Immigration and Refugee Protection Regulations came into force in late 2022. These amendments were introduced to better protect temporary foreign workers and help prevent mistreatment and abuse during their stay in Canada.

Included in the amendments is a formal change to the definition of abuse, which now includes reprisals by an employer against foreign workers who report abuse and/or come forward with complaints, thereby prohibiting such employer reprisal.

If a worker suspects that an employer is blacklisting them, they are encouraged to submit a tip to the TFW Program's confidential tipline, as this conduct is prohibited and will be investigated further, through the Program's compliance regime.

Issue

The purpose of this note is to provide you with information on the Temporary Foreign Worker (TFW) Program with respect to housing, particularly in the context of the current housing crisis in Canada.

Background

• Canada is experiencing a shortage of housing, which has affected property and rental values, making it difficult for Canadians and new residents to secure access to accommodations
• There are multiple streams in the TFW Program, each with differing rules around requirements for providing accommodations to temporary foreign workers when they come to work in Canada
• For example, most agricultural employers are required to provide workers with accommodations that are subject to on-site inspections
  • In the 2022 to 2023 fiscal year, this applied to an estimated 87,993 temporary foreign workers
  • These workers typically live in rural and remote areas and are in employed in jobs that are seasonal
• The TFW Program's Low-Wage stream, however, requires employers to either ensure that suitable and affordable accommodation is available for workers, or to provide it
  • In the 2022 to 2023 fiscal year, these requirements applied to an estimated 85,024 temporary foreign workers
• There are no housing requirements for the High Wage and Permanent Residency streams. These workers typically do not face the same barriers as low-wage and agricultural workers when it comes to finding affordable housing that is within reasonable proximity to their place of work
  • In the 2022 to 2023 fiscal year, this applied to an estimated 53,705 temporary foreign workers

Key facts

• Currently, 38% of approved positions under the TFW Program are required to provide accommodation for their workers, and an additional 38% are, at a minimum, required to ensure adequate accommodation
• Housing must be considered suitable and affordable, as defined by the Canada Mortgage and Housing Corporation (CMHC) and in accordance with applicable Provincial, Territorial, and Municipal legislation
• A key priority of ESDC is to ensure that employer-provided accommodations are safe, suitable and affordable. Despite existing TFW Program requirements, the Department is aware of instances where some TFWs are being housed in overcrowded, unsafe and/ or unhealthy living conditions
• While many employers are diligent in providing temporary foreign workers with accommodations that meet or exceed reasonable standards and provide for a good quality of life, others are not
• Workers' reliance on employers to provide housing, combined with their particular vulnerabilities - including restricted immigration status, precarious economic status, rural/remote locations, and language/cultural barriers - can lead to workers tolerating unsuitable living conditions. This is often due to reluctance around raising these issues with their employer or reporting unsuitable living conditions to government authorities
• The Program is taking steps to address the challenges involved with employer-provided accommodations. A Ministerial Roundtable was hosted in 2022, which provided stakeholders the opportunity to engage with ESDC to help strengthen requirements for employer-provided accommodations and to provide feedback on proposed program changes
• Additional Program measures intended to strengthen essential health and safety requirements for employer-provided accommodations are underway and anticipated for 2024. ESDC is working closely with provinces, territories (PT) and stakeholders to identify housing reporting requirements that would provide greater assurance that PT standards are met

Key messages

Question: What is the Department doing to ensure that the TFW Program is not exacerbating the current housing shortage in Canada?

Answer

• Higher immigration levels, as well as the increasing rate of temporary foreign workers, may exacerbate existing pressures within Canada's housing market. However, the entry of these workers is necessary to ensure that Canada's economy remains resilient in the face of ongoing labour shortages. The agriculture sector, in particular, is vitally important to Canada's food security
• The Program requires employers in the Low-Wage and Agricultural streams to provide housing for temporary workers, which ensures that these workers have an affordable place to live and are not left to seek housing on their own
• The majority of temporary work permits that were approved in 2022 are not exclusively for workers entering through the TFW Program. Foreign workers also enter Canada's labour market through IRCC's International Mobility Program, or as foreign students and refugee claimants
• Temporary foreign workers entering Canada through ESDC's TFW Program make up less than 1% of labour force, and only 11% of all temporary residents with work permits

Question: What is the Program doing to ensure temporary foreign workers are adequately housed and not vulnerable in the context of the housing crisis?

Answer

• Supporting adequate employer-providing housing for temporary foreign workers is an ongoing priority for the Program
• ESDC is responsible for ensuring employer compliance with TFW Program requirements and conditions. As set out in the Immigration and Refugee Protection Regulations, these requirements include honouring commitments made in an offer of employment. These commitments cover working conditions, including housing
• The requirement for employers in the Low-Wage and Agricultural streams to provide housing for temporary foreign workers helps to ensure that they are provided with an affordable, adequate form of accommodations when living and working in Canada
• At the cornerstone of the Program's compliance regime is the authority to conduct inspections, including unannounced on-site inspections that ensure employers are adhering to program requirements. When an employer fails to meet these requirements, or does not cooperate during an inspection, a range of consequences can be imposed, such as administrative monetary penalties and bans
• Housing, however, is a complex, multi-jurisdictional issue, with PTs generally having exclusive jurisdiction over the development of accommodations-related rules and regulations
• These multi-jurisdictional complexities are not new and have presented challenges to the TFW Program even in advance of the current housing climate
• While it cannot act unilaterally to set or amend housing standards, ESDC is committed to working closely with its provincial and territorial partners to increase worker protections and is actively working to tackle the most pressing of accommodations-related concerns raised by stakeholders
• In March 2022, ESDC assembled a Federal, Provincial and Territorial Working Group on Accommodations to facilitate collaboration across governments in the development of proposed new accommodation requirements for employer-provided housing
• A Ministerial Consultative Roundtable was also convened in July 2022. This Roundtable was an opportunity to engage with a broad group of stakeholders on ESDC's work to date to strengthen requirements for employer-provided accommodations, and to seek feedback on proposed Program changes and next steps
  • Participants included provincial, territorial, and municipal governments, as well as migrant worker support organizations, employer associations, and foreign government officials from source countries
• The Program continues to engage with stakeholders and is working towards the announcement of program changes in 2024

Issue

This note provides you with key information on Program demographics, as well as measures that the Government of Canada is taking to address worker vulnerabilities using a Gender-Based Analysis (GBA) Plus lens.

Background

Employment and Social Development Canada (ESDC) recognizes the importance of applying a GBA Plus lens in undertaking its mandate.

Employment relationships entail inherent power imbalances, which are often exacerbated for foreign workers. Temporary foreign workers in low-wage sectors such as Primary Agriculture are often members of racialized communities, and may be subject to increased vulnerability due to factors such language fluency, education levels, isolation (remote work locations), and dependency on employers for accommodations and transportation.

Female temporary foreign workers in these occupations are at higher risks of exposure to greater rates of sexual and physical abuse due to their living and working arrangements.

The Temporary Foreign Worker (TFW) Program is actively working to implement measures that address vulnerabilities stemming from these imbalances and is mindful of these GBA Plus factors when considering program and policy reforms.

Key facts

Program data demonstrates that, overall, female workers may face barriers to accessing positions through the TFW Program.

Of the 139,290 work permits issued under the TFW Program in 2022, approximately 17% (23,300) were female and 83% (115,985) were male with 0% of temporary foreign workers identifying as ‘Another Gender' and/or ‘Gender Not Stated'.

In the Primary Agriculture Stream, 5% (3,643) of work permit holders were female and (95%) were male.

Certain program areas do see greater parity. Of the work permits issued in 2022 in seasonal fish and seafood processing occupations, the breakdown is 42% (2,191) female, and 58% (2,973) male.

Small enterprises (less than 100 employees) represented over 90% of all employers in the TFW Program in 2022.

Key messages

Question: Has the TFW Program been reviewed with a GBA+ lens?

Employment and Social Development Canada (ESDC) recognizes the importance of applying a gender-based analysis plus (GBA Plus) lens in undertaking its mandate.

Key regulatory amendments, which came into force in September of 2022, and supports, such as the Migrant Worker Support (MWS) Program, are intended to benefit all temporary foreign workers who are issued work permits under the TFW Program.

In particular, the TFW Program plans to launch a survey in 2023 to 2024 to evaluate the degree to which organizations funded through the MWS Program are helping migrant workers understand and exercise their rights. The survey will allow the Department to strengthen its understanding of migrant workers and the impacts of the MWS Program by gathering data on demographics and other variables, including gender, geographic location, language, and nationality.

Research on migrant workers suggests that systemic racism can also exacerbate existing vulnerabilities. To ensure that program delivery is informed by the lived reality of all temporary foreign workers, the TFW Program will draw on elements from ESDC's Black Centric Lens, including but not limited to history, current demographic information, and the implementation guide. This analysis will serve to enhance understanding and foster the Program's important relationships with the communities it serves.

ESDC is also actively exploring opportunities to collect and integrate more robust GBA Plus data into Program monitoring and reporting, to ensure that future Program reforms will continue to best meet the needs of vulnerable temporary foreign workers while they are in Canada.

Issue

Canada has seen an increase of about 8% between 2021 and 2022 in refugee claims, a trend that Immigration, Refugees and Citizenship Canada (IRCC) notes is expected to continue in 2023. The growing asylum volumes is putting pressures on already overextended supports and services in Canada, particularly in large urban centres like Toronto and Montreal.

To address these pressures and help these individuals integrate into their communities, IRCC issues open work permits to asylum-seekers while they wait for a decision on their claim.

IRCC has reached out to ESDC to see what support the Department can provide.

Background

IRCC is taking steps to help asylum seekers become self-sufficient, namely by issuing open work permits so that they can take on employment while their claim is being processed.

ESDC is exploring how to raise awareness of available employment opportunities through its existing networks, such as stakeholders of the Temporary Foreign Worker (TFW) Program (for example, employers), and work with provinces and territories.

ESDC also has a suite of measures that could be leveraged to help asylum seekers access employment, including the Job Bank and labour market transfer agreements with provinces and territories.

Service Canada continues to provide support to asylum seekers and refugees upon entry to Canada in various ways, including supporting these individuals to ensure that necessary documentation, support and benefits are provided efficiently and expediently.

Key facts

Asylum-seekers can access a series of social supports, as they await the outcome of their case. All levels of government are currently contributing towards these social supports, either directly (for example, subsidized housing) or indirectly (for example, schooling for dependants).

The asylum population is not eligible for the services of the Migrant Worker Support Program available to temporary foreign workers, unless they are a former temporary foreign worker.

In December 2022, in consultation with IRCC, Job Bank expanded access to its advanced job matching features to all temporary residents with valid work permits, including asylum seekers. Through its Job Bank Plus Account, temporary residents can now create a skills profile, upload and share resumés with employers and receive direct invitations from employers to apply to jobs. Since December, over 40,000 Temporary Residents have created an account.

Service Canada continues to provide support to Asylum Seekers and refugees upon entry to Canada in various ways:

• Ontario Region continues to work closely with IRCC and ServiceOntario to conduct joint outreach support for Refugee Claimants residing in GTA (Greater Toronto Area) shelter systems. These sessions aim to provide a single point of access for the issuance of IRCC documents, Social Insurance Numbers (SINs), and potentially Government of Ontario primary identification documents
• Building on Ontario's strategy for Asylum seekers and refugee claimants, a National Strategy is being developed to provide the same level of wrap-around support to any asylum seekers across Canada. The strategy will build on past successful outreach strategies that have supported newcomers such as Support of Ukrainian Migrants and Afghan Resettlement

The TFW Program can also play a role in raising awareness through:

• its existing quarterly engagement with key employer groups; and
• its network of Migrant Worker Support organizations to ensure tools like Job Bank and other employment programming that are available are understood, as some of these organizations support migrant populations more broadly (despite ESDC funding being required to target temporary foreign workers)

Key message

Canada is seeing an unprecedented increase in requests from asylum seekers. While the Government of Canada is advancing quickly to process these claims, these assessments take time. In the meantime, these individuals want to contribute to the communities that welcome them. That is why the Government is helping them access employment by issuing them open work permits and working to help connect them with job opportunities.

For example, Canada's Job Bank expanded access to its advanced job matching features to all temporary residents with valid work permits, including asylum seekers. Through its Job Bank Plus Account, temporary residents can now create a skills profile, upload and share resumés with employers and receive direct invitations from employers to apply to jobs.

• Since December, over 40,000 Temporary Residents have created an account

ESDC will also leverage its existing networks of stakeholders and employer associations as well as the strong collaboration it has with provinces and territories to promote employment opportunities while ensuring these workers know their rights and the resources available to them.

The Government of Canada is committed to supporting asylum-seekers' pathways to employment as they await their final decisions on their claims.

Issue

What is the government doing to improve the quality of the Temporary Foreign Worker (TFW) Program inspections?

Background

Employers who use the TFW Program may be subject to inspections to verify their compliance with program conditions.

Since 2011, Employment and Social Development Canada (ESDC) has been working to adapt the compliance regime to meet evolving needs. Presently, employers must demonstrate compliance with up to 28 conditions designed to better protect temporary foreign workers (TFWs) from abuse and exploitation. Findings of non-compliance result in administrative monetary penalties and, in some cases, bans from participating in the Program.

Many efforts to enhance the compliance regime were already underway prior to the pandemic; however, the realities of COVID-19 introduced a set of new issues and challenges for the Department. The impacts of this were highlighted in the Report on the Auditor General's audit of the Department's new quarantine and outbreak inspections, conducted during the pandemic. Report findings revealed issues in the timeliness of completing inspections, the quality of inspections, and proper documentation, with a focus on the impact to the health and safety of TFWs in the agriculture sector.

In response, the Department immediately began to make improvements to the quality, timeliness and reach of inspections, with efforts underway to rebuild the compliance regime.

Key facts

To help improve inspection quality, the Department used funding from Budget 2022 to invest in measures such as quality control and review functions, to better detect and correct substantive errors within the inspection process. This has allowed for real-time improvements earlier in the inspection process. Between April 1, 2022, to March 31, 2023, 98% of inspections assessed for quality were without substantive errors.

In addition to the quality control function, funding was also used to advance:

• the modification of IT tools to allow for the better documentation of evidence
• the implementation of enhanced training for inspection staff
• the implementation of a workload approach to target high risk areas and reduce inspection backlogs
• data capabilities to better identify high-risk areas, so that resources can be maximized and focused on cases with a higher risk of non-compliance
• the outreach and engagement sessions to increase awareness on TFW rights and employer obligations
• the reporting tools in place; and
• greater collaboration efforts and information sharing with partners to facilitate more timely interventions

The initiatives above have positively contributed to the increase of quality of inspections as well as in the reach of inspections, which means leveraging the Department's compliance regime to attain maximum impact on the protection of the health and safety of TFWs.

Additional funding was recently announced in Budget 2023, investing $48 million over 2 years to improve the TFWP Employer Compliance Regime, including more program inspectors and the maintenance of the worker protection tip line.

A recent review of inspection cases concluded that overall measures implemented have had a positive influence on the TFW Program and the quality of inspections has significantly increased since 2021.

Key messages

The Government takes the health, safety and protection of temporary foreign workers very seriously, and will not tolerate any abuse or misuse of the Program. To help improve inspection quality, the Department used funding from Budget 2022 and Budget 2023 to invest in measures that are positively impacting the quality of inspections such as:

• Quality control and review functions
• National workload management strategy and oversight
• System enhancements
• Training, guidance and enhanced tools for inspectors
• Process simplifications, streamlined inspections
• Increased collaboration with partners through enhanced information sharing

This allows for real-time improvements earlier in the inspection process. Between April 1, 2022, and March 31, 2023, 98% of inspections assessed were without substantive errors.

In addition to improvements on inspection quality, we have increased their reach, leveraging the entirety of the compliance regime's activities to maximize positive impacts to better ensure health and safety of temporary foreign workers.

Question: What is the employer compliance regime and how does it work?

Answer

Employment and Social Development Canada (ESDC), through the Temporary Foreign Worker Program (TFWP) compliance regime, jointly administers the TFW Program with Immigration, Refugee and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA). We also rely on collaboration with the Provinces, Territories, and sometimes municipal partners.

The employer compliance regime is a framework through which the Department ensures that employers who hire temporary foreign workers (TFWs) comply with the Program's requirements. These requirements impose conditions on employers, which aim to protect the rights of workers while they are in Canada, while protecting the integrity of the Canadian labour market.

Our authority is administrative. Our main purpose is to ensure employers comply with program conditions and employers must demonstrate to the inspectors that they are meeting the terms and conditions of the Program and the Labour Market Impact Assessment (LMIA).

Employers who use the Program can be randomly selected for an inspection; selected based on tips or allegations of non-compliance; or based on past non-compliance with program requirements.

Inspections can be paper-based or a mix of paper-based and on-site. Employers are expected to demonstrate that they comply with the Program requirements by providing information and documentation throughout the inspection process.

If an employer fails to meet program requirements and/or conditions, consequences can include administrative monetary penalties up to a maximum of $1 million and a temporary or permanent ban from the Program.

Question: Are living conditions, wages, employee treatment, working conditions, and private interviews part of the inspection process?

Answer

Yes. The inspection process verifies program requirements and conditions imposed on employers hiring TFWs through the TFW Program.

This includes situations where employers must provide accommodations as per program requirements or where they are not obliged to offer accommodations but choose to do so. If accommodations are provided by the employer, they must be inspected and approved by the Province or Municipality before the issuance of the LMIA.

If the employer is selected for an inspection after the issuance of the LMIA, the inspection process verifies if the accommodations provided by the employer are adequate and suitable.

The inspection process also involves the verification of payroll information to ensure that the employer pays the same wage stipulated in the job offer, and verifies if employers provide a work environment free of abuse (financial, psychological, physical, sexual, reprisal).

In the job offer, employers commit to providing various working conditions such as paying overtime; providing a certain number of hours of work; identifying a work location; paying transportation to and from the worker's country of origin. The inspection process verifies if employers are meeting their obligations under these working conditions.

Finally, inspectors can interview employers, temporary foreign workers or Canadian and permanent residents as part of the inspection process. Employers are expected to cooperate, and refusing to be interviewed could be considered a violation. These interviews are voluntary in the case of workers, Canadians, and permanent residents. Interviews with workers are private to provide an opportunity to speak freely about their work environment or their working conditions in general, without any fear of reprisal by the employer.

Question: Why is there is a higher volume of inspections conducted for some industries and not others?

Answer

The risk-based model for random inspections selects employers in the highest risk areas. During the pandemic, while quarantine measures were in place, inspections were focused on the Primary Agriculture sector to help ensure the health and safety of temporary foreign workers required to quarantine upon their arrival in Canada. With quarantine requirements for employers no longer in effect, the risk-based model has been recalibrated to include additional risk factors and ensure inspections continue to prioritize the highest risk areas.

Question: How are employers selected for inspections?

Answer

Under the Immigration and Refugee Protection Regulations (IRPR), the Department can conduct inspections based on the following:

• If non-compliance is suspected
• An employer was previously non-compliant
• An employer is randomly selected
• A worker is or was subject to an order or rule under the Emergencies Act or the Quarantine Act

Question: What data do you have available on inspections and their findings?

Answer

Year To Date (April to September 3, 2023)

• Compliant: 297 of 880 (34%)
• Compliant with Justification: 520 of 880 (59%)
• Non-Compliant: 63 of 880 (7%)

Fiscal Year 2022 to 2023

• Compliant: 1,014 of 2,141 (47%)
• Compliant with Justification: 1,009 of 2,141 (47%)
• Non-Compliant: 118 of 2,141 (6%)

Fiscal Year 2021 to 2022

• Compliant: 1,546 of 3,067 (50%)
• Compliant with Justification: 1,176 of 3,067 (38%)
• Non-Compliant: 344 of 3,067 (11%)

Issue

What actions does the government take when an employer is deemed non-compliant with program conditions and requirements?

Background

To ensure the rights of temporary foreign workers (TFWs) are protected, and to uphold their health and safety, under the Immigration and Refugee Protection Regulations (IRPR), the TFW Program has an employer-compliance regime in place, which aims to monitor employers' adherence to program requirements and conditions through compliance inspections.

Inspections can be triggered due to several factors including reasons to suspect non-compliance (such as, a tip or allegation received via our TFW tip line or online form), past non-compliance, and/or random selection

Employment and Social Development Canada (ESDC) has the authority to visit employer worksites with or without advance notice and inspect employer activities to ensure they are meeting the Program's conditions once workers are onsite.

Following an inspection, if an employer is found to have committed a violation of program conditions, and no acceptable justification is provided, the employer is deemed non-compliant.

Employers who are found non-compliant with program conditions can face consequences that range from a $1,000 penalty to a $100,000 per violation and up to a maximum combined amount of $1 million and a temporary or permanent ban from the Program.

Strengthening the inspection regime to better ensure the health and safety of TFWs is a Government of Canada commitment.

Key facts

ESDC jointly administers the TFW Program with Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA). Given multi-jurisdictional responsibilities related to TFWs, the Department also relies on collaboration with the Provinces, Territories, and sometimes municipal partners.

The TFW Program's authority is administrative. Its main purpose is to verify employer compliance with program requirements and issue administrative monetary penalties and bans if they're not respected.

Criminal enforcement is referred to the CBSA, Royal Canadian Mounted Police (RCMP) and local police.

The TFW Program's compliance regime has evolved significantly over the past decade. Changes to legislation and regulations have not only increased the number of conditions that can be inspected, but has also allowed for important changes in the way inspections are conducted. As a result, ESDC inspectors can now assess compliance on up to 28 conditions, compared to 21 a few years ago.

Changes have also allowed the Department to move from a regime that focuses uniquely on paper-based reviews to one that includes both announced and unannounced on-site visits, allowing our inspectors to see working and housing conditions in person.

In December 2015, new regulatory amendments establishing administrative monetary penalties were introduced. This IRPR amendment made consequences for non-compliant employers more proportionate to their severity and impact by establishing a points system to determine the penalty amount and/or ban length. The amendments also established additional steps to promote procedural fairness and required an agreement with the Canada Revenue Agency to collect debts on behalf of ESDC/Service Canada.

Additional changes were made to IRPR over the years, enabling stronger enforcement and tougher penalties for employers that do not comply with program requirements.

Key messages

While in Canada, all TFWs have the same rights and protections as Canadians and permanent residents under applicable federal, provincial, and territorial employment standards and collective agreements.

The Government of Canada takes its responsibilities with respect to the protection of TFWs very seriously, and takes all necessary measures to ensure their health and safety and that their rights are respected while they are in Canada.

The TFW Program has an employer compliance regime in place. Employers must remain aware of their responsibilities and meet specific requirements to employ TFWs. Employer compliance with the program's worker protection requirements and conditions is mandatory.

TFWs who have faced mistreatment or abuse are encouraged to contact ESDC's confidential tip line to file a report. The government's confidential tip line is available 24 hours a day, 7 days a week, with live agents offering services in 200 languages Monday to Friday from 6:30 am to 8 pm Eastern time.

ESDC uses every measure within its authorities while also continuing to work closely with its provincial partners and key stakeholders to protect workers' health and well-being and ensure employer compliance.

The Government of Canada recently invested an additional $48 million over 2 years, to improve the quality of inspections and hold employers accountable for the treatment of workers.

Question: How many employers were found to be not-in-compliance?

Answer

Year To Date (April to September 3, 2023)

• Compliant: 297 of 880 (34%)
• Compliant with Justification: 520 of 880 (59%)
• Non-Compliant: 63 of 880 (7%)

Fiscal Year 2022-23

• Compliant: 1,014 of 2,141 (47%)
• Compliant with Justification: 1,009 of 2,141 (47%)
• Non-Compliant: 118 of 2,141 (6%)

Fiscal Year 2021 to 2022

• Compliant: 1,546 of 3,067 (50%)
• Compliant with Justification: 1,176 of 3,067 (38%)
• Non-Compliant: 344 of 3,067 (11%)

Question: What were the repercussions?

Answer

Due to privacy considerations, ESDC cannot comment on the inspections it undertakes.

If an employer fails to meet program requirements and/or conditions, or does not cooperate during an inspection, consequences can range from a $1,000 penalty to a $100,000 per violation and maximum combined amount up to $1 million and a permanent ban from the Program. All non-compliant employers, with the exception of those who receive a warning, are listed on a public-facing website managed by Immigration Refugees and Citizenship Canada.

Nevertheless, on average, between 40% and 50% of compliant employers were required to justify initial violations detected and take corrective actions during the course of an inspection. This includes but is not limited to compensating affected temporary foreign workers, rectifying errors made in good faith, and demonstrating their understanding of their obligations and that they will respect them moving forward, before a compliant decision is made by the department. These instances where employers must justify violations and take corrective actions to be deemed compliant are not reported publicly.

Question: What is the federal government doing about reports of substandard living conditions and abuse?

Answer:

While in Canada, all 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.

Specific to housing, provinces and territories (P/Ts) generally have exclusive jurisdiction over the setting and enforcement of accommodation standards; however, the TFW Program has established some additional policy requirements for employers to adhere to as a condition to their participation in the Program. These federal requirements are intended to protect temporary foreign workers from exploitative situations while in Canada.

Employers hiring via the Seasonal Agricultural Worker Program (SAWP) must provide TFWs with adequate, suitable and affordable housing as defined by Canada Mortgage and Housing Corporation.

These employers also have the obligation to maintain accommodations according to those conditions for the whole duration of the TFWs work contract. As part of their Labour Market Impact Assessment (LMIA) application to ESDC, employers must submit a Housing Inspection Report (HIR) with their application to the TFW Program that demonstrates that accommodation arrangements have been inspected by the P/Ts and/or could be delegated to private inspectors.

TFWs who have faced mistreatment or abuse are encouraged to contact ESDC's confidential tip line to file a report. This is the most effective way for the government to identify and address bad actors. The government's confidential tip line is available 24 hours a day, 7 days a week, with live agents offering services in 200 languages Monday to Friday from 6:30 am to 8 pm Eastern time. This tip line provides a safe place for TFWs to report abuse without reprisal. All allegations reported to the TFW Program are reviewed within 48 hours and appropriate action is taken. When applicable, tips and allegations are referred to the appropriate provincial or federal enforcement authorities.

The TFW Program monitors employers' adherence to program requirements and conditions through compliance inspections. Inspections are often generated from a tip or complaint, which may initiate the launch of an inspection and an on-site visit (announced or unannounced) from a compliance inspector. This includes inspections of employer-provided accommodations. If an employer fails to meet program requirements and/or conditions or does not cooperate during an inspection, consequences can include administrative monetary penalties up to a maximum of $1 million and a temporary or permanent ban from the Program.

On July 31, 2020, the Government of Canada announced its goal to develop stronger requirements for employer-provided accommodation under the TFW Program and to work with P/Ts and stakeholders to implement any resulting changes. The implementation of accommodation requirements is a complex and multi-jurisdictional issue, as P/Ts generally have exclusive jurisdiction in the development of accommodation-related rules, regulations, including housing standards.

The purpose of the work underway is to bring greater rigor to the conditions of program participation and better protect TFWs from unsafe accommodations by obligating employers to report on their compliance with P/T laws/standards in this space.

Issue

This note provides you with key information on the measures that the Government of Canada takes to protect the health and safety of temporary foreign workers.

Background

While in Canada, temporary foreign workers have the same rights to workplace protections under applicable federal, provincial and territorial employment standards as Canadians and permanent residents.

Employers are expected to uphold certain conditions and be aware of their responsibilities and obligations.

The Temporary Foreign Worker Program has a compliance regime in place to help protect temporary foreign workers by verifying, through inspections, that employers are meeting their obligations.

Employers in the TFW Program are subject to the same federal, provincial, territorial, and municipal health and safety laws as all Canadian employers, and must comply with the laws regardless of whether their employees are Canadian citizens or temporary foreign workers.

Employers that are determined non-compliant through the course of an inspection may face consequences if they are unable to provide an acceptable justification or do not provide acceptable corrective measures.

Key facts

Inspections are often generated from a tip or complaint, which may initiate a visit from a compliance inspector. If an employer fails to meet program requirements and/or conditions, consequences can range from a $1,000 penalty up to a $100,000 per violation with a maximum combined amount up to $1 million and/or a permanent ban from the Program.

All non-compliant employers, with the exception of those who receive a warning, are listed on a public-facing website managed by Immigration Refugees and Citizenship Canada.

Temporary foreign workers who have faced mistreatment or abuse are encouraged to contact the confidential tip line to file a report. This is the most effective way for the government to identify and address bad actors.

Key messages

Question: What is being done to ensure that temporary foreign workers are informed of their rights? What is being done to keep them safe?

Answer

As part of the Government of Canada's broader commitment to protecting temporary foreign workers from mistreatment and abuse, a new Migrant Worker Support Program was launched in 2022 (totalling $49.5M committed in Budget 2021).

This program, which builds on the $19.3M directed through non-profit organizations since 2019, provides funding directly to organizations across Canada and supports their provision of migrant worker-centric programs and services, including on-arrival orientation, assistance in emergency and at-risk situations, and tools to help workers better understand and exercise their rights.

Additionally, on September 26, 2022, new amendments to the Immigration and Refugee Protection Regulations also came into force. These regulatory amendments better protect temporary foreign workers and help prevent mistreatment and abuse during their stay in Canada.

Included in the regulatory amendments is a requirement that employers provide all temporary foreign workers with information about their rights in Canada (facilitated by the published guide entitled ‘Temporary foreign workers: your rights are protected'), as well as a requirement that employers sign an employment agreement on or before the first day of work. The employment agreement ensures the workers are aware of their wages and working conditions, as outlined in the Labour Market Impact Assessment (LMIA).

Question: Where can temporary foreign workers submit a complaint should they be faced with harassment or unsafe working conditions?

Answer

The Government of Canada operates a confidential tip line for temporary foreign workers, which is available 24 hours a day, 7 days a week, with access to live agents offering services in over 200 languages Monday to Friday from 6:30 am to 8 pm Eastern time.

This tip line provides a safe place for temporary foreign workers to report abuse without reprisal. These agents can help workers, and anyone else reporting anonymously, communicate situations of mistreatment or abuse and inform workers of their rights.

In addition to the tip line, the TFW Program has a concierge service that works to build and nurture relationships with partners in worker protection. Concierge Services coordination makes it easier for stakeholders, migrant support groups, consulates, other federal departments, and provincial partners to work together on worker protection issues.

Question: For someone like Adriana Bega Guillen (witness on June 8, 2023), how can we ensure such treatment does not continue? Does the complaint process put the worker in jeopardy?

Answer

While in Canada, temporary foreign workers have the same rights to workplace protections as Canadians and permanent residents under applicable federal, provincial and territorial legislation. However, temporary foreign workers are in a more vulnerable position and require additional health and safety protections to address their vulnerability.

The Government of Canada wants to ensure that temporary foreign workers like Adriana Bega Guillen are protected when working in Canada, and that tools and supports are in place to protect them from reprisals when situations of abuse are raised.

Issue

Canada's labour market faces the simultaneous challenge of labour shortages in some sectors and regions, and skills shortages in others.

Background

• The resurgence of the economy has exacerbated labour and skills shortages but the underlying drivers predate the pandemic. Canada's rapidly aging population, global shifts toward greener, digital economies, and evolving skills requirements are long-term trends transforming its labour market and causing downward pressure on labour force growth, and skills gaps and mismatches
• Canada's efforts to bolster and support the workforce are based on a human capital approach, which seeks to maximize 4 sources of labour supply:
  1. Supporting the transition of new entrants to the labour market, principally youth
  2. Welcoming talent from around the world - particularly immigrants, international students, and temporary foreign workers
  3. Increasing the participation of groups underrepresented in the labour market (such as women, persons with disabilities, Indigenous peoples, youth, racialized Canadians, etc.) and
  4. Helping individuals already working who need upskilling and reskilling to adapt and stay in the labour force longer
• Employment and Social Development Canada (ESDC) has a robust suite of programs and partnerships to help address labour shortages and skills gaps and ensure that Canada has an inclusive and agile workforce that can thrive in a rapidly evolving labour market. For instance:
  • The Youth Employment and Skills Strategy, as well as Student Work Placements and Canada Summer Jobs programs help young Canadians built job relevant skills and connect with employers. In 2022 to 2023, the Government created almost 190,000 opportunities through these investments, in particular for those from underrepresented groups. In 2023 to 2024 and 2024 to 2025, the Government will support 180,000 opportunities through these programs
  • The Canadian Apprenticeship Strategy provides funding to help pre-apprentices, apprentices, employers, unions, and other organizations and tradespeople participate in apprenticeships and succeed in skilled trades careers. The 2022 Fall Economic Statement announced a new sustainable jobs stream under the Union Training and Innovation Program (UTIP), a key pillar of the Canadian Apprenticeship Strategy, to support unions in leading the development of green skills training for workers in the trades. It is expected that an additional 20,000 apprentices and journeypersons could benefit from this investment
  • The Indigenous Skills and Employment Training Program funds a network of over 110 Indigenous service delivery organizations with over 650 points of service to provide Indigenous peoples with training and supports to improve skills and secure employment
  • The Sectoral Workforce Solutions Program funds projects that will help thousands of employers and connect Canadians with the training needed to access good jobs in sectors seeking skilled workers
  • The Community Workforce Development Program was also created to pilot and test innovative community-based approaches to connect employers and training providers as part of economic development efforts to upskill and reskill jobseekers to fill in-demand jobs in local communities
• Collectively, these programs are bolstering the labour market participation of underrepresented groups and helping young Canadians build job-relevant skills and connect with employers

Key facts

• In Canada, training is a shared responsibility between the federal and provincial/territorial governments. Labour market transfers are the Government of Canada's single largest investment in training. The transfers reach over one million Canadians across the country and deliver flexible, regionally adapted employment and training supports. As of September 2023, there were 780,200 job vacancies nationally. Sectors with the highest numbers of job vacancies include health care and social assistance, accommodation and food services, retail trade, construction, manufacturing, professional, scientific and technical services, and administrative and support, waste management and remediation services
• Budget 2023 announced investments that will help job seekers and workers obtain the skills and employment supports they need to thrive in a changing economy, including:
  • An additional $625 million in 2023 to 2024 in the labour market transfer agreements so that Canadians continue to have access to the supports they need to get their next job
  • $197.7 million in 2024 to 2025 to the Student Work Placement Program to continue creating quality work-integrated learning opportunities for students through partnerships between employers and post-secondary education institutions
  • Extending temporary rules introduced in 2018 to provide up to 5 additional weeks of EI regular benefits for a maximum of 45 weeks to eligible seasonal workers in 13 economic regions until October 2024. The cost of this measure is estimated at $147 million over 3 years, starting in 2023 to 2024
• Going forward, ESDC will continue to leverage and realign existing tools, target new investments and work with all partners, including employers, unions, Indigenous communities, and P/Ts to help address current and future labour shortages, and tackle skills gaps and mismatches

Key messages

• Labour market pressures are affecting practically all sectors of the economy and most regions of the country
• As of September, there are approximately 780,000 job vacancies in Canada. Sectors with the highest job vacancies included health care and social assistance, accommodation and food services, retail trade, manufacturing, and construction
• As the economy evolves, addressing skills gaps, reducing skills mismatches and better utilizing available talent pools, will be critical to meet employment needs
• While market forces may reduce some labour market pressures in the short-term, the federal government has a role to play in supporting partners to address shortages, build our economy and prepare the workforce for the labour market of the future
• To this end, ESDC is positioned with tools and partnerships to support Canada's labour market as it evolves, in times of economic growth or downturn, and according to the diversity of contexts that exist across the country. The department also continues to roll out investments that will support workers and businesses and help build an agile and more inclusive workforce

Overview

The Senate Standing Committee on Social Affairs, Science and Technology (SOCI) has invited you, accompanied by officials, to appear before the Committee on their ongoing study on Canada's Temporary and Migrant Labour Force.

Committee proceedings

The appearance is scheduled for Thursday, September 28, 2023, from 11:30 am to 12:30 pm.

You will have up to 5 minutes to deliver your opening remarks.

The following ESDC officials will be on the panel with you:

• Paul Thompson, Deputy Minister, Employment and Social Development
• Lori MacDonald, Chief Operating Officer, Service Canada
• Michael MacPhee, Assistant Deputy Minister, Temporary Foreign Worker Program Branch
• Brian Hickey, Director General, Temporary Foreign Worker Program Branch
• Colette Kaminsky, Assistant Deputy Minister, Skills and Employment Branch
• Pierre Therrien, Director General, Economic Policy Directorate, Services and Strategic Policy Branch

The Chair of the Committee, Senator Ratna Omidvar (ISG - Ontario), will preside over the meeting. Unlike Committees of the House of Commons, Senate Committees do not have pre-established rounds of questioning nor a limit on the number of minutes for each intervention, rather 5 minutes per Senator is to be expected. At SOCI, the Chair will generally turn to the Deputy Chair, Jane Cordy (PSG - Nova Scotia), for the first question. Subsequently, Senators will be recognized by the Chair if they have indicated they have questions. The Chair may also use her privilege to ask questions at any time.

The Deputy Minister and officials from Immigration, Refugees and Citizenship Canada (IRCC) will appear on the second panel of this meeting, following your appearance.

Parliamentary environment

The study on Canada's Temporary and Migrant Labour Force at SOCI was launched in November 2022. While the main topic of examination has often been the Temporary Foreign Worker Program, discussion also took place on how the International Mobility Program and international students also address Canada's labour shortage, as well as the topic of undocumented workers. SOCI has received employer and industry associations, rights and advocacy groups, academics, and a TFW herself who faced reprisals and dismissal after having spoken out about working and living conditions. Further, SOCI members visited New Brunswick and Prince Edward Island on a fact-finding mission in early September 2023; ESDC and IRCC provided briefing information to the Committee in advance of this travel. (See Tab E.3 for SOCI Study Background).

The Senate Committee on Agriculture and Forestry (AGFO) produced a report in 2019, entitled Made in Canada: Growing Canada's Value-Added Food Sector, which recommended easier and less costly administration to access temporary foreign workers in the agriculture industry, among other non-ESDC related topics. ESDC officials appeared before the Committee on this study. A Government Response was signed by the Honourable Marie-Claude Bibeau, which highlighted the steps taken to improve service delivery to employers and the at-the-time review of the TFW Program's LMIA fee.

In September 2023, in a press conference, the United Nations special rapporteur on contemporary forms of slavery decried Canada's Temporary Foreign Worker Programs as "breeding ground for contemporary slavery".

In 2021, the Auditor General of Canada to the Parliament of Canada published Report 13 - Health and Safety of Agricultural Temporary Foreign Workers in Canada during the COVID-19 Pandemic. ESDC/Service Canada and Agriculture and Agri-Food Canada (AAFC) officials appeared before the House of Commons Standing Committee on Public Accounts.

ESDC officials appeared before the House of Commons Standing Committee on Agriculture and Agri-Food (AGRI), on May 8, 2023, along with AAFC and IRCC officials, on their on-going study "Closure of the Olymel Processing Plant in Vallée-Jonction".

Background

The SOCI has held 9 meetings on the topic of Canada's Temporary and Migrant Labour Force starting in November of 2022. Key themes of the discussions to date include labour shortages in specific industries (such as fishing and seafood processing, and restaurants and tourism), increasing pathways to permanent residency, employer-specific work permits, and challenges faced by migrant workers in reporting situations of abuse.

A variety of panelists have been interviewed, representing many different stakeholders from employer associations, migrant worker support organizations, and academics.

Summaries and key takeaways from each meeting are provided below in chronological order.

Meetings 1, 2 and 3: November 3, 16, and 17, 2022

Panelists represented CanadaVisa.com, Toronto Metropolitan University, International Migration Research Centre, Wilfrid Laurier University, Atlantic Provinces Economic Council, and Brandon University.

Focuses included pathways for temporary and migrant workers to transition to permanent residency, as well as worker protections and rights.

Recommendations include moving away from pilot programs to focus on fewer, more permanent programs and removal of Labour Market Impact Assessment requirements.

Employer-specific work permits were also flagged as an issue, noting that while possible to transition to a temporary open work permit, the process is complicated and can be costly for workers who end up seeking private support to navigate the system.

Concerns were flagged regarding accessibility of information to ensure workers are aware of their rights, and that settlement and legal support networks that are not profit-driven need to be made available to workers.

Concerns were also noted with respect to compliance, with notes that there are not enough inspectors to do proactive inspections, and that no list of abusive employers exists.

Meeting 4: November 24, 2022

The first panel consisted of representation from the United Food and Commercial Workers of Canada (UFCW) and the Migrant Workers Health Expert Working Group.

Panelists focused on the need to protect migrant workers by ending closed work permits, allowing for unionization and collective bargaining, and creating more pathways to permanent residency.

They emphasized the need for stakeholders from labour, employers, and government at multiple levels to come to a consistent agreement on worker protections.

The second panel consisted of representation from the Canadian Agricultural Human Resource Council and the Canadian Federation of Agriculture. These agricultural employer organizations outlined the risks that open work permits pose to employers trying to ensure that their investments in bringing workers into Canada to fill their labour needs.

The questioning during the second hour was rigorous, and requests were made for the panelists to provide detailed, evidence-based reports on what measures are being taken to ensure workers' rights are being honoured, and whether compliance with federal programs and inspections are being met.

Though the questions were pointed, the senators made clear they wanted to ensure that both sides were given a fair opportunity to be heard and provide evidence for committee consideration for the eventual report and recommendations.

Meetings 5 and 6: February 15 and 16, 2023

Panelists represented the Association for the Rights of Household, the Farm Workers and Migrant Workers Alliance for Change, York University, the University of British Columbia, and the Canadian Global Affairs Institute.

All stakeholders addressed the need to eliminate closed work permits and for pathways to permanent residency to be made available to all workers and their families upon arrival in Canada to protect their rights and correct employer power imbalances.

The stakeholders also highlighted the increasingly poor conditions and frequent rights' abuses faced by care workers.

Service Canada was directly mentioned in terms of needing to do more in terms of proactive inspections and harsher consequences for those found to be non-compliant.

Widespread regularization is required due to failure of the existing system and should be broad and include all workers without status.

Senators asked for specific recommendations to remedy the systemic racialization, rights' abuses and widespread cases of fraud currently found most in temporary and migrant programs to include in their report.

Meeting 7: March 9, 2023

Panelists represented Toronto Metropolitan University, Newcomer Women's Services Toronto, Tourism Industry of Canada, and Restaurants Canada.

Panelists spoke to the challenges and barriers faced by women workers and the need for greater accountability, elimination of closed work permits, and the need to increase pathways to permanent residency.

The committee asked the panelists on the industry/employer side to comment on the abuses and imbalances that had been brought to light throughout the committee's study and to provide written statements on best practices used by employers to protect and empower workers.

Panelists also emphasized the need for a Trusted Employer Model to streamline processes and hold employers accountable.

Meetings 8 and 9: June 7 and 8, 2023

Panelists represented the Fisheries Council of Canada, the PEI Seafood Processors Association, the Association of Seafood Producers, the Lobster Processors Association of Seafood Processers, the Cooper Institute (PEI-based education and community development centre), and the Madhu Verma Migrant Justice Centre.

Committee members interviewed a panel of representatives from industry organizations working in fishing and seafood processing, who highlighted the severity of the labour shortages in their sector and the key role that temporary and migrant workers play in keeping the industry going.

They noted the importance of equality for all workers and maintaining good working conditions, while also highlighting that ending closed work permits would be detrimental to their efforts to fill shortages since hiring workers is costly.

When asked about data on working conditions and employer non-compliance, panelists told committee members to ask ESDC/SC for this information. Senators responded by saying that the respective organizations should be collecting their own data and having their own mechanisms to track complaints instead of putting the onus on ESDC.

The Committee also spoke to representatives involved in worker protections, and a witness currently in the TFW Program (Adriana Vega Guillen). Her testimony was an emotional recount of the mistreatment of workers in the agriculture industry and challenges faced in obtaining recourse and support in situations of abuse.

The testimony from this second panel showed the opposite of what had been heard in the prior panel, with each witness underscoring the need to eliminate closed work permits.

Senators will be travelling to different areas on a factfinding mission to gather firsthand accounts and to see what supports are available to workers in the Temporary Foreign Worker Program, what the conditions are and what changes need to be made.

General questions

Inspections and compliance

Health and Safety

• What is being done to ensure TFWs are informed of their rights? What is being done to keep them safe
• Where can temporary foreign workers submit a complaint should they be faced with harassment or unsafe working conditions
• For someone like Adriana Vega Guillen (witness on June 8, 2023), how can we ensure such treatment does not continue? Does the complaint process put the worker in jeopardy
• What are the provincial governments' responsibility with respect to the health and safety of these workers
• Any comments on the study published by Dalhousie University or the report by the Cooper Institute on abuses faced by temporary foreign workers
• Do the current regulatory amendments and protections incorporate an intersectional and equity lens

Labour shortages and skills training

• How widespread is Canada's labour shortage? What sectors are being impacted
• What is the Government doing to address the labour shortage problem in Canada
• What is being done to address the skills mismatch between employers and workers
• What is being done to improve skills training for Canadian workers

Ratna Omidvar - chair, Independent Senators Group; Province: Ontario (Ontario)

Biography

In April 2016, Prime Minister Trudeau appointed Ms. Omidvar to the Senate of Canada as an independent Senator representing Ontario. As a member of the Senate’s Independent Senators Group she holds a leadership position as the Scroll Manager. Ratna Omidvar is an internationally recognized voice on migration, diversity and inclusion. She came to Canada from Iran in 1981 and her own experiences of displacement, integration and citizen engagement have been the foundation of her work.

Senator Omidvar is the founding Executive Director and currently a Distinguished Visiting Professor at the Global Diversity Exchange (GDX), Ted Rogers School of Management, Ryerson University. GDX is a think-and-do tank on diversity, migration and inclusion that connects local experience and ideas with global networks. It is dedicated to building a community of international leaders who see prosperity in migration. Previously, Senator Omidvar was the President of Maytree, where she played a lead role in local, national and international efforts to promote the integration of immigrants.

Senator Omidvar is the current Co-Chair of the Global Future Council on Migration hosted by the World Economic Forum and serves as a Councillor on the World Refugee Council. She is also a director at the Environics Institute, and Samara Canada and is the Toronto Region Immigrant Employment Council’s Chair Emerita and was formerly the Chair of Lifeline Syria.

Senator Omidvar is co-author of Flight and Freedom: Stories of Escape to Canada (2015), an Open Book Toronto best book of 2015 and one of the Toronto Star's top five good reads from Word on the Street. She is also a contributor to The Harper Factor (2016) and co-editor of Five Good Ideas: Practical Strategies for Non-Profit Success (2011). Senator Omidvar received an Honorary Degree, Doctor of Laws, York University in 2012.

Senator Omidvar has also been recognized by Canada's national newspaper, The Globe and Mail, by being named as its Nation Builder of the Decade for Citizenship in 2010. She was named to the inaugural Global Diversity List sponsored by The Economist magazine in 2015, as one of the Top 10 Diversity Champions worldwide. In 2016, she also received Lifetime Achievement Awards from CivicAction and the Canadian Urban Institute, honouring her strong commitment to civic leadership and city building.

Donna Dasko, Independent Senators Group; Province: Ontario (Ontario)

Biography

Donna Dasko was appointed to the Senate by Prime Minister Justin Trudeau on June 6, 2018.

She is a respected national pollster, media commentator, and private sector business leader with considerable public policy experience. She holds a Ph.D. and MA from the University of Toronto and a BA (Hons) from the University of Manitoba.

Dr. Dasko was formerly Senior Vice-President of Environics Research Group Ltd, and built the firm from a small consultancy into one of Canada's leading research firms. During her career, she led major research studies for federal and provincial departments and agencies, private sector clients, and NGOs, in areas including the economy, budget priorities, tobacco control, health promotion, national unity, and many others. She was a leader in developing media-sponsored polling including the Globe-Environics Poll and election and special feature polling for the CBC.

As a community volunteer, she served in many roles including President of St. Stephen's Community House, Director of the United Way of Greater Toronto, Governor of the Canadian Unity Council (devoted to Canadian unity and federalism), Chair of the National CEO Roundtable for the Alzheimer Society, and Advisor to GreenPac (which promotes environmental leadership).

Dr. Dasko's passion for the promotion of women in politics has guided much of her advocacy. She is a Co-Founder and former National Chair of Equal Voice, a non-partisan organization aimed at electing more women in Canada. She currently serves on the Board of Directors of Women's Legal Education and Action Fund (LEAF), which promotes equality rights for women. In 2015, she co-founded the Campaign for an Equal Senate for Canada, an initiative to promote a gender-equal Senate. She works with National Democratic Institute on issues related to women in politics internationally.

She is a Senior Fellow at the University of Toronto's Munk School of Global Affairs and Public Policy and taught in its Master's program before her Senate appointment. She is a member of Statistics Canada's Advisory Committee on Social Conditions.

Dr. Dasko was born and raised in Winnipeg. She has two children, a daughter and son.

Stan Kutcher, Independent Senators Group - Province: Nova Scotia (Nova Scotia)

Biography

Appointed to the Senate in December of 2018 by Prime Minister Justin Trudeau, Senator Kutcher is a leading psychiatrist and professor who has helped young people successfully manage major mental illnesses. Dr. Kutcher studied history and political science before earning a medical degree from McMaster University. He continued his education in Toronto and in Edinburgh, Scotland before returning to Canada and joining the University of Toronto.

It was there that he made his first of many major contributions to Canadian health care, taking Sunnybrook Hospital's adolescent psychiatry division and transforming it into an innovative clinical and research facility. He also pioneered research into the causes of and treatments for youth with major mental illnesses such as bipolar illness, schizophrenia and depression.

Dr. Kutcher then became Head of the Psychiatry Department at Dalhousie University followed by appointments as Associate Dean for International Heath and the Sun Life Financial Chair in Adolescent Mental Health.

In addition to his professional practice, Dr. Kutcher has served on the board of the Art Gallery of Nova Scotia and the board of the Spryfield Boys and Girls Club. He also led the development of a national youth mental health framework for Canada as a member of the Child and Youth Advisory Committee of the Mental Health Commission of Canada.

Dr. Kutcher has also received numerous awards and honours for his work, including the Order of Nova Scotia, the Canadian Academy of Child and Adolescent Psychiatry's Naomi Rae-Grant and Paul D. Steinhauer Advocacy awards, the McMaster University Distinguished Alumni Award and the Association of Faculties of Medicine of Canada's John Ruedy Award for Innovation in Medical Education.

Marie-Françoise Mégie, Independent Senators Group - Province: Quebec (Rougemont)

Biography

Senator Marie-Françoise Mégie was appointed to the Senate on November 25, 2016, by the Right Honourable Justin Trudeau. Senator Mégie represents the province of Québec and the Senatorial Division of Rougemont.

Senator Mégie's professional career encompasses over 35 years as a family physician and nearly 30 years as a university professor. Born in Haiti, she arrived in Quebec in 1976, and rose through the ranks of the medical profession while also pursuing university teaching, becoming a clinical associate professor in the Department of Family Medicine at the University of Montréal.

She helped establish the Maison de soins palliatifs de Laval in 2009, where she served as medical director until December 31, 2016.

Her medical practice focused on providing health care services for seniors, persons with severe disabilities and end-of-life patients.

Senator Mégie served as President of the Association of Haitian Physicians Abroad (AMHE) for five years, and chaired the organization Médecins francophones du Canada from 2014 to 2016.

She was also the editor-in-chief of the Médecins francophones du Canada's newsletter.

Dr. Mégie has received numerous awards for her professional, volunteer and personal contributions.

Rosemary Moodie, Independent Senators Group - Province: Ontario (Ontario)

Biography

Appointed to the Senate in December 2018 by Prime Minister Justin Trudeau, Senator Moodie is a Jamaican-born paediatrician and neonatologist. After graduating from the University of the West Indies, she completed postgraduate training in Paediatric and Neonatal/Perinatal Medicine at Hospital for Sick Children in Toronto.

She is senior neonatologist, clinical teacher and associate professor in the Department of Paediatrics at the University of Toronto. She is Fellow of Royal College of Physicians of Canada and Fellow of American Academy of Pediatrics. Her research has focused on the social determinants of breastfeeding practice and she has written extensively on regional health services and physician human resource planning.

Senator Moodie is a well-recognized national and international medical leader. She has supported organizations and stakeholders in policy development and advocacy to improve health equity and expand quality health care access to the most vulnerable, underserved and marginalized population. Her work included Corporate Chief of Paediatrics and Medical Director of the Regional Maternal Child Program Rouge Valley Health System; Maternal, Child, Youth, and Gynaecology Lead for Central East Local Health Integration Network; and regional and provincial committees, such as the Child Health Network and Provincial Council of Children's Health. Her expertise also includes health care planning locally and internationally.

Further, Senator Moodie is an Accreditation Canada hospital surveyor with extensive experience improving the quality of health care delivery across Canada and worldwide.

Senator Moodie has been a strong advocate for woman and girls. Her contributions to reducing social inequities and health disparities among children and communities have been significant. She is on the Board of Directors for the inaugural board of Providence Healthcare, St. Joseph's Health Centre, and St. Michael's Hospital (Unity Health Toronto) and the ScotiaBank Jamaica Foundation.

Chantal Petitclerc, Independent Senators Group - Province: Quebec (Grandville)

Biography

The Honourable Chantal Petitclerc is not only an internationally renowned athlete, but also a compassionate person. When she was 13 years old, she lost the use of her legs in an accident. While Petitclerc was developing her skills as a wheelchair athlete, she pursued her studies, first in social sciences at the CEGEP de Sainte-Foy and then in history at the University of Alberta in Edmonton. She overcame adversity and many obstacles to become a proven leader in the sports world. Her gold medals in the Paralympic Games, Olympic Games and Commonwealth Games, the various awards and accolades she has received, and her appointment as Team Canada's Chef de Mission for the Rio Paralympic Games are all markers of her success.

Her many achievements and her personal journey have also made her an in-demand public speaker, recognized across Canada. She has been the spokesperson for Défi sportif AlterGo for 17 years, and is an ambassador for the international organization Right to Play. A tireless advocate for the contributions people with disabilities have made to our society, she plays a definitive role in building a more inclusive society. Her example inspires people to overcome their obstacles and achieve their full potential.

Through her experiences, Senator Petitclerc has also learned a lot about the particular characteristics of various communities, as well as how decisions are made at the national level. As someone who has functional limitations herself, she has a good understanding of the needs of various minority communities and would like to ensure their voices are heard. The Senator is a Companion of the Order of Canada and a Knight of the Order of Quebec. She received the Lou Marsh Trophy for Canadian Athlete of the Year and was inducted into the Canadian Paralympic Hall of Fame. She has also received four honorary doctorates. In addition, Senator Petitclerc sits on various committees and boards of directors, where she provides her dynamic and unique perspective.

Jane Cordy - Deputy Chair; Progressive Senate Group - Province: Nova Scotia (Nova Scotia)

Biography

Jane Cordy is a senator for Nova Scotia and is currently Leader of the Progressive Senate Group. She is Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology and a member of the Standing Senate Committee on Fisheries and Oceans as well as the Standing Senate Committee on Rules, Procedures and the Rights of Parliament.

Born in Sydney, Nova Scotia, she is a graduate of the Nova Scotia Teachers College and Mount St. Vincent University. She taught elementary school for 30 years in Nova Scotia, teaching in Sydney, New Glasgow and the Halifax Regional Municipality until she was appointed to the Senate by the Right Honourable Jean Chrétien on June 9th, 2000.

Senator Cordy has served as vice-chair of the Halifax-Dartmouth Port Development Commission and was also the chair of the Board of Referees for employment insurance. She also served on the Board of Phoenix House for Youth, was a Board Member of Mount Saint Vincent University and served on Prime Minister Chrétien's task force on seniors.

As past chair of the Canadian NATO Parliamentary Association, Senator Cordy served as an international vice president of the NATO Parliamentary Assembly representing North America on the executive. She continues to be involved with the NATO Parliamentary Association and is currently a vice-chair of the Committee on Democracy and Security's Sub-Committee on Resilience and Civil Security.

An active member of the Canada-United States Inter-Parliamentary Group, Senator Cordy currently serves as co-Chair of the Canada-US IPG Great Lakes St. Lawrence Sub-Group which focuses on protecting the economic, environmental, and social aspects of the Great Lakes-St. Lawrence.

She has a particular interest in issues related to mental health, seniors and aging, early education and children. As a member of the Standing Senate Committee on Social Affairs, Science and Technology, she participated in the study of issues relating to mental health, mental illness and addictions which culminated in the comprehensive report "Out of the Shadows at Last". She also served as a member of the Special Senate Committee on Aging, which studied the implications of an aging society in Canada.

Wanda Thomas Bernard, Progressive Senate Group - Province: Nova Scotia (East Preston)

Biography

Dr. Wanda Thomas Bernard is a highly regarded social worker, educator, researcher, community activist and advocate of social change. She has worked in mental health at the provincial level, in rural community practice at the municipal level, and, since 1990, as a professor at the Dalhousie School of Social Work, where she also served as director for a decade.

In 2016, she was appointed Special Advisor on Diversity and Inclusiveness at Dalhousie University and she is the first African Nova Scotian to hold a tenure track position at Dalhousie University and to be promoted to full professor. Dr. Thomas Bernard has worked with provincial organizations to bring diversity to the political processes in Nova Scotia and teach community members about Canada's legislative process and citizen engagement. She is a founding member of the Association of Black Social Workers (ABSW) which helps address the needs of marginalized citizens, especially those of African descent.

As a former member of the Nova Scotia Advisory Council on the Status of Women, and as its past Chair, was instrumental in the development of advice to ministers regarding frameworks for gender violence prevention and health equity. At the national level, she has served as a member of the National Coalition of Advisory Councils on the Status of Women. She has served as an expert witness in human rights cases and has presented at many local, national and international forums.

Dr. Thomas Bernard has received many honours for her work and community leadership, notably the Order of Nova Scotia and the Order of Canada.

Sharon Burey, Canadian Senators Group - Province: Ontario (Ontario)

Biography

Sharon Burey is a pediatrician and recognized leader for the health and well-being of children in Ontario, who has dedicated her career to children's mental health, equity, and justice for those living in poverty, visible minorities, and other marginalized communities.

Dr. Burey emigrated from Jamaica in 1976 and has practised as a behavioural pediatrician in Ontario for over 30 years. She has been an adjunct professor of pediatrics at Western University since 2009.

As a health advocacy and policy leader, Dr. Burey has founded Attention-Deficit/ Hyperactivity Disorder (ADHD) Awareness Windsor. She serves as a member of the Pediatricians of Ontario Executive Council and the Ontario Medical Association (OMA) Health Policy Committee. Dr. Burey was also a pediatrics delegate to the OMA Council and a member of the OMA Women Committee.

Dr. Burey was the first woman of colour to hold the position of president of the Pediatricians Alliance of Ontario, which also serves as the Ontario Chapter of the American Academy of Pediatrics.

Dr. Burey's work as a health advocate has been recognized with numerous honours and awards. During her tenure as president of the Pediatricians Alliance of Ontario (PAO) the chapter received the Ontario Chapter Excellence Award and the Special Achievement Award from the American Academy of Pediatrics. She received the Excellence in Health Care Award from the North American Black Historical Museum and Cultural Centre. As Co-Chairperson of the Medical Issues Committee, Dr. Burey was also recognized for her outstanding service to the Council for the Prevention of Child Abuse in Windsor-Essex County. Most recently, Dr. Burey received the Section Service Award in recognition of her significant service to the OMA and medical profession.

Dr. Burey attended Western University, where she received a Bachelor of Science in Biology. She completed her medical degree and specialty training in pediatrics at Dalhousie University, and she recently graduated with a Mini-MBA in Physician Business Leadership at York University.

F. Gigi Osler, Canadian Senators Group - Province: Manitoba (Manitoba)

Biography

Flordeliz (Gigi) Osler is an internationally renowned surgeon, an assistant professor at the University of Manitoba, and a dedicated advocate for equity, diversity, and inclusion.

Dr. Osler currently operates out of two clinics, including one in the Otolaryngology-Head and Neck Section of the St. Boniface Hospital where she served as Section Head from 2010 to 2019. In 2018, Dr. Osler became the first woman surgeon and the first racialized woman elected President of the Canadian Medical Association (CMA), where she led the development of the CMA's first ever policy on equity and diversity. Dr. Osler has also been the President of the Federation of Medical Women of Canada since 2021, the Chair of the Canadian Medical Forum since 2020, and Co-Chair of the Virtual Care Task Force since 2019.

Born in Winnipeg to immigrant parents from the Philippines and India, Dr. Osler serves as a role model, research supervisor, and mentor for Filipino and other racialized medical students in Manitoba and across Canada, including within the Filipino Association of Medical Students in Manitoba. She also volunteers annually to train other surgeons in Africa and has been a key voice in raising awareness of the health impacts of climate change in Canada.

Dr. Osler holds a medical degree from the University of Manitoba, where she also completed her residency training, and a Graduate Certificate in Global Surgical Care from the University of British Columbia. She also completed a Rhinology fellowship at St. Paul's Hospital in Vancouver.

Dr. Osler is the recipient of numerous honours and awards, including the University of Manitoba Distinguished Alumni Award and the Association of Faculties of Medicine of Canada May Cohen Equity, Diversity and Gender Award. She has been named as a Women's Executive Network (WXN) 2019 Canada's Most Powerful Women: Top 100 Award Winner and to the Medical Post's 2021 Power List. Dr. Osler was also inducted into the Government of Canada's Women of Impact in Canada online gallery in 2022.

Judith G. Seidman, Conservative Party of Canada - Province: Quebec (De la Durantaye)

Biography

The Honourable Judith G. Seidman is an epidemiologist, health researcher, and social services advisor who was appointed to the Senate of Canada on August 27th, 2009.

She holds a Bachelor of Arts degree in English Literature, a Bachelor of Social Work degree in Health, and a Master of Social Work degree in Health from McGill University. She was the recipient of the J.W. McConnell Memorial Graduate Fellowship from the Faculty of Graduate Studies and Research (McGill). As a PhD candidate in the Department of Epidemiology and Biostatistics at McGill University, she received a doctoral fellowship from the National Health Research and Development Program.

Prior to her appointment to the Senate, she was an active health research professional in the McGill University Health Centre network in Montreal, Quebec.

Born in Montreal, Senator Seidman has demonstrated a lifelong commitment to public service. Her community involvement has focused on the education and health sectors, and she has served on many committees and boards including McGill Society of Montreal, the Education Task Force of the McGill Centre for Studies in Aging and the Evaluation Committee for Community Health Research Program of Montreal.

Following her appointment to the Senate, Senator Seidman has been an active member of many committees. In 2015, she served on the Special Joint Committee on Physician-Assisted Dying, which informed the development of Canada's legislative framework governing medical assistance in dying. She also served as Deputy Chair of the Standing Senate Committee on Social Affairs, Science and Technology.

Of late, while continuing to be a strong advocate for health and social issues in her role as a senator, Senator Seidman currently sits on committees that are responsible for the internal administration of the Senate.

She is a member of the Senate Standing Committee on Internal Economy, Budgets and Administration (CIBA) which considers all matters of a financial or administrative nature relating to the internal management of the Senate. She also serves as both Deputy Chair of CIBA's Sub-Committee on Human Resources (HRRH) and Sub-Committee on Diversity (DVSC).

On December 16, 2020, Senator Seidman was elected Chair of the Senate Standing Committee on Ethics and Conflict of Interest for Senators (CONF), the committee responsible for all matters relating to the Ethics and Conflict of Interest Code.

Marilou McPhedran, Non-affiliated - Province: Manitoba (Manitoba)

Biography

Born and raised in rural Manitoba, Canada, called to the Bar of Ontario (1978 to 2007), named a Member of the Order of Canada (1985) in recognition of her co-leadership in the successful campaign for stronger gender equality protections in the Canadian constitution and appointed to the Senate of Canada by Governor General David Johnston on the recommendation of Prime Minister Justin Trudeau in 2016, Marilou McPhedran is a legally trained advocate and educator who specialized in teaching and developing systemic and sustainable change mechanisms to promote equality and diversity, having co-founded several internationally recognized non-profit Canadian organizations, such as LEAF - the Women's Legal Education and Action Fund, which has conducted constitutional equality test cases and interventions for 30-plus years, METRAC - the Metropolitan Action Committee on Violence Against Women and Children, and the Gerstein Crisis Centre for homeless discharged psychiatric patients.

She founded the International Women's Rights Project in 1998 and the Institute for International Women's Rights at Global College in 2009 - based on her intergenerational models "evidence-based advocacy" and "lived rights". When Chief Executive Officer of a Federal Centre of Excellence based at York University, Canada, she directed staff and programs that included a cyber research network on women's health and rights.

She has developed human rights courses online and in the classroom and has chaired three independent inquiries into the sexual abuse of patients (1991 to 2015), co-investigated and co-authored applied research, including: the first international study to assess impact of the UN Convention on the Elimination of all forms of Discrimination Against Women in ten countries (1998 to 2000); What about accountability to the patient? (2001), the National Study on Rural, Remote and Northern Women's Health in Canada (2001 to 2003); the textbook, Preventing Sexual Abuse: a Legal Guide for Health Care Professionals (2004); a strategy paper for Canada's ambassador to the UN, Engendering the ‘Responsibility to Protect' Doctrine (2005); Women's Constitutional Activism in South Africa and Canada (2009 International Review of Constitutionalism); 28-Helluva Lot to Lose in 27 Days: The Ad Hoc Committee and Women's Constitutional Activism in the Era of Patriation (2015).

Her authorship includes: the 2006 National Journal of Constitutional Law article, Impact of S.15 equality rights on Canadian society: beacon or laser?; the 2007 Supreme Court Law Review article A Truer Story: Constitutional Trialogue; and the 2014 Michigan State Law Review article, Complements of CEDAW - U.S. foreign policy coherence on women's human rights and human security.

A pioneer in research and advocacy to promote human rights through systemic reform in law, medicine, education, governance, she chaired the 2006 international Forum on Women's Activism in Constitutional Reform, held the Ariel F. Sallows Chair in Human Rights at the University of Saskatchewan College of Law, was appointed Chief Commissioner of the Saskatchewan Human Rights Commission in 2007, and was Principal (Dean) of The University of Winnipeg Global College in Manitoba from June 2008 to July 2012, then served as the Human Rights Fellow in the UNFPA Geneva Liaison Office and taught as a Visiting Professor at the UN-mandated University for Peace in Costa Rica in 2012 to 2013.

From 2008 to 2019, she was a tenured full professor at the University of Winnipeg. She was the founding director of the Institute for International Women's Rights at Global College from 2009 to 2016 and the creator / director of the annual ‘Human Rights UniverCity' summer institute based at the Canadian Museum for Human Rights from 2011 to 2018.