Following an extended period of increased scrutiny, Ministers are now focusing on reforms to Temporary Foreign Worker Program. Canada’s Immigration Minister and the Minister of Employment, Workforce Development, and Official Languages have weighed in, speaking out against abuses of the system by employers in Canada. 

On August 6, Minister Boissonnault held a press conference on behalf of Employment and Social Development Canada, where he announced a suite of measures to target TFWP abusers. 

Specifically, these were: 

  • Enforcing a 20% cap on temporary foreign workers, including the ‘dual intend sub-stream’ for those intending to apply for permanent residency. Employers using the dual intent stream will also need to comply with more stringent guidelines.
  • Stricter Labor Market Impact Assessment issuance oversight, and inspections, specifically in high-risk areas 
  • Introducing a foreign labor stream for Agriculture and Seafood Processing 

In addition, the Minister detailed further measures he was considering, including: 

  • Possible LMIA fee increases to fund additional integrity as well as processing activities
  • Enforcing employer eligibility criteria, which might include stricter eligibility criteria for employers, such as requiring a minimum number of years in business or considering an employer’s history of layoffs 
  • Introducing restrictions and refusal to process applications for the low-wage streams of the TFWP, particularly for employers in certain areas and industries that have been rife with abuse

These comments follow statements made by Boissonnault in a joint press conference with Immigration Minister Miller in March of this year, wherein the Employer Minister reiterated the need for Canadian employers to use TFWP as a last resort and not in place of Canadian workers who could perform the same job. 

While Minister Boissonnault’s comments renewed interest in the TFWP and potential abuses, a UN report released on July 22 furthered this interest, alleging that the TFWP was a ‘breeding ground’ for significant abuses of foreign workers. 

Following both, Minister Miller commented to Reuters about the need for change in the TFWP. While admitting that the program was ‘in need of reform,’ Miller also stated that it was not ‘fatally flawed’. Moreover, he did, however, agree with Boissonnault’s assessment of the low-wage stream, citing it as a pathway that needs to be carefully examined. 

Both Ministers have commented on how the TFWP’s low-wage stream risks artificially depressing wages for foreign & domestic workers in Canada. 

Reforms to Temporary Foreign Worker Program: What Rights And How Can TFWP Workers Report Abuses?

There have been specific reforms to Temporary Foreign Worker Program. A common theme among TFWP abuse seems to be a lack of communication about labor rights. Interestingly, Canada has comprehensive labor laws that extend even to temporary foreign workers in the country. As a temporary foreign worker in Canada, individuals have rights to: 

  • Obtain information about their rights from their employer 
  • Get a signed copy of their employment agreement on or before their first day of work
  • Be paid for their work according to the terms of their employment agreement, including overtime, if specified
  • Work in an environment free from abuse, like protection from reprisals
  • Have their employer adhere to the employment as well as recruitment standards of the province/ territory in which they work
  • Have their employer secure as well as pay for private health insurance which covers emergency medical care 
  • Access healthcare services if injured or become ill at the workplace, with reasonable efforts made by the employer 

In addition, temporary foreign workers in Canada cannot be: 

  • Forced to perform unsafe work or tasks not authorized by their employment agreement
  • Forced to work if they are sick or injured 
  • Pressured/ forced to work overtime not included in their employment agreement 
  • Punished for reporting mistreatment, unsafe work conditions, inadequate housing, or for cooperating with government inspections 
  • Subjected to having their passport for work permit taken away by their employer 
  • Deported from Canada or have their immigration status changed by their employer 
  • Made to reimburse recruitment-related fees that the employer may have paid to hire them

Irrespective of the reforms to Temporary Foreign Worker Program, it is vital to note that if a foreign worker feels that they might be the victim of abuses on the part of their employer, they can: 

  • Apply for an OWP, i.e., open work permit in Canada, allowing them to continue to work in the country 
  • Report the abuse through Service Canada’s Helpline or to ESDC online, by phone, or in person 
  • Seek help from a supporting organization for migrant workers 
  • Contact their provincial/ territorial workplace health and safety office 
  • Contact their employment standards office 

Moreover, foreign workers can visit IRCC’s official website to see non-compliant employers who have previously violated their responsibilities under the TFWP. 

Employers who fail to comply with TFWP standards might face substantial penalties. They might range from warning letters to Administrative Monetary Penalties of $500 to $100,000 per violation – with over $1 million annually. More serious violations could also result in temporary or even permanent bans from the program.  


If you seek information on how to begin your Canada immigration application process, you can talk to our NavaImmigration experts at 1800-918-8490. You can also drop us an email at [email protected].