Amendments made to regulations affecting temporary foreign workers

Amendments to regulations that protect temporary foreign workers came into force Sept. 26, but farmers and industry associations were given little information about them. 

Only a high level question and answer document was provided for the new Immigration and Refugee Protection Regulations (IRPR). 

Why it matters: Producers who employ foreign workers must comply with the new regulations as of Sept. 26.

“There’s so much stuff coming down in the last two and a half years, and they (government) bring it right down (in) the middle of harvest,” said Ken Forth, president of Foreign Agricultural Resource Management Services (FARMS). “I wonder how many people actually know what’s there.”

Forth said there is limited information to provide to farmers about the amendments, especially addressing the new reprisal subsection. The changes aim to improve temporary foreign worker (TFW) protections, increase awareness of workers’ rights and employer obligations and strengthen program requirements and conditions for compliance.  

In the Q&A document, Employment and Social Development Canada (ESDC) said: “(The new regulatory amendments) will also improve the government’s ability to prevent bad actors from participating in the program, and strengthen the government’s ability to effectively conduct inspections.” 

The department said educational webinars would launch once the amendments come into force. They will clarify the impact of changes on the industry and indicate how to negotiate any issues that arise. 

Stefan Larrass, senior policy advisor for the Ontario Fruit and Vegetable Growers’ Association (OFVGA), said the new regulations codify industry expectations. 

“Anyone that said not every ‘T’ is crossed, or every ‘I’ dotted in terms of the paperwork workers have – I think that criticism is going to be stopped entirely come September,” said Larrass. 

He suspects the reclassification of reprisals of abuse, in subsection 196.2(1), is a substantial change that could result in more oversight and credibility.  

It states that an employer who threatens to take or does take disciplinary measures, demotion or dismissal action against a foreign national because the worker spoke out about working or living conditions or filed a complaint, is now punishable by the ESDC. 

The amendments show the progression toward more government oversight while providing established and protected recourse for foreign workers to lodge complaints or concerns without fear of reprisal from their employer. 

“There’s always been this niggly doubt (outside of agriculture) that there is not enough of a safety cushion for workers to speak up,” said Larrass, adding the new regulations remove that doubt.

Other amendments indicate that employers must provide workers with detailed rights and entitlements information packages in the language of their choice upon arrival in Canada. Additionally, every foreign worker will receive complete work contract agreement documentation in their language of choice to read and sign. 

The contract was drafted in 1966, said Forth, and undergoes annual review by the federal government and the supply countries before being approved. 

“That means that every contract is current,” he said. “We’re going to do it again in November and December this year (for the upcoming season).” 

Requests for Labour Market Impact Assessment received Sept. 26 or later will be assessed based on the amended regulations. Those received before that date will be based on regulations in effect at the time of applications. 

For more information on the IRPR amendments, visit the Government of Canada website.