Canada Calling: Govt to reform Temporary Foreign Worker program to prevent fraud

The government is set to modernise the TFW Program by creating a specialised labour stream tailored specifically for the agriculture and fish & seafood processing sectors. This new stream aims to address the unique challenges faced by these industries, ensuring that they can meet their labour needs without compromising on regulatory standards.

Randy Boissonnault, Minister of Employment, Workforce Development, and Official Languages, announced these changes last week. As the head of the department responsible for issuing Labour Market Impact Assessments (LMIAs), Boissonnault emphasised that the initiatives are intended to ensure that both Canadian and foreign workers are protected by fair and lawful practices within the program.

This announcement comes amid growing scrutiny over the government’s approval of a record number of LMIAs, despite a recent uptick in unemployment. The measures introduced include:

– 20% Cap Enforcement: Strict enforcement of the existing policy that limits the number of low-wage temporary foreign workers to 20% of an employer’s workforce.

– Enhanced Oversight: Increased monitoring and inspections, particularly in regions and industries identified as high-risk for misuse of the TFW Program.

– Fee Increase: A proposed hike in the fees for LMIAs to better cover processing costs and to discourage frivolous or fraudulent applications.

– Regulatory Changes: Upcoming changes that will further scrutinise employer eligibility, with significant penalties for those who misuse the program.

Looking ahead, the government is considering additional reforms, including a policy to refuse processing applications under the low-wage stream as a measure to prevent abuse.

The Temporary Foreign Worker Program is a mechanism that allows Canadian employers to hire workers from abroad on a temporary basis to fill positions when qualified Canadian citizens or permanent residents are unavailable. Employers must obtain an LMIA to demonstrate that hiring a foreign worker will not negatively impact the Canadian labour market, after which the worker can apply for a work permit.