Ottawa has changed regulations governing its temporary foreign worker (TFW) program following recent controversy – and the new rules include imposing a fee on employers who want to bring workers in from outside Canada.
Unions have been fighting in court against B.C.-based miner HD Mining International Ltd. after levelling accusations that the company unfairly discriminated against Canadians who were qualified to work at its mine.
Citizenship and Immigration Minister Jason Kenny would not reveal how much the fee could be, but said that it is a response to concerns about how the program is being used. The fee, he said, is intended to ensure that Canadians get the first crack at available jobs.
Other changes will:
- require that employers pay temporary foreign workers the prevailing wage by removing existing wage flexibility;
- temporarily suspend the accelerated labour market opinion (LMO) process;
- increase the government's authority to suspend and revoke work permits and LMOs if the program is being misused;
- add questions to employers' LMO applications to ensure that the TFW program is not used to facilitate the outsourcing of Canadian jobs;
- ensure employers who rely on TFWs have a plan in place to transition to a Canadian workforce over time through the LMO process;
- introduce fees for employers for the processing of LMOs and increase the fees for work permits so that the taxpayers are no longer subsidizing the costs; and
- identify English and French as the only languages that can be used as a job requirement.
HD Mining generated controversy by requiring that its workers be able to speak Mandarin.
In response to the news, the Surrey Board of Trade said the changes will add delays and red tape for Canadian businesses.
In a press release, the board said, "Most companies using temporary foreign workers are small businesses. [Small and medium-sized companies] can't afford to wait to find the appropriate workers and they don't have many options for training.
"Canadian employers can't find the people they need. They don't love the TFW approach. They would much rather employ Canadians or permanent immigrants. But the business imperative can't be ignored. Businesses need people to ensure they remain competitive."
