ESDC reveals findings of temporary foreign worker program inspections
The federal government has released the results of a series of inspections into employers’ compliance with rules under the Temporary Foreign Worker Program (TFWP).
During its last fiscal year, Employment and Social Development Canada (ESDC) conducted 2,100 workplace inspections to confirm the health and safety of workers hired under the program.
Between April 1, 2022, to March 31, 2023, 116 employers (6% of those inspected) were found non-compliant with the TFWP. Of these, 93 employers have faced administrative monetary penalties totalling $1.54 million for violating the conditions of the program. A further 23 employers were issued warnings, and seven are now banned from using the program, some for periods of as long as five years.
For example, a construction employer in British Columbia was handed a penalty of $53,000 and given a five-year ban from the program for failing to provide adequate wages and working conditions.
An employer in the transport sector was penalized $258,000 and given a five-year ban from the program for failing to provide adequate wages, adequate accommodations, and safe working conditions, among other violations.
An employer in the transport sector faced a $152,250 monetary penalty along with a five-year ban from the program for failing to provide adequate wages and working conditions; failing to comply with federal, provincial and territorial laws that regulate employment; and failing to retain documents as required for the assessment of compliance with the program conditions.
The TFWP allows employers in Canada to hire foreign workers when no Canadians or permanent residents are available. In 2022, there were 204,700 temporary residents with work permits through the TFWP, representing roughly 1% of the labour force.
As demand for the program increases, the federal government is cracking down on employer violations.
Employers that are found to be non-compliant with TFWP conditions are listed on a public-facing website that is managed by Immigration, Refugees and Citizenship Canada.
In September 2022, it implemented new regulations to conduct more inspections and hold employers accountable for following the program’s rules.
Moving forward, the government says it intends to provide updates on TFWP compliance efforts twice annually.