CIMM#84: Government's Response to the Final Report of the Special Committee on Afghanistan and Closed Work Permits and Temporary Foreign Workers

I want to say thank you to all the witnesses, as well.

I want to carry on the conversation with responses from Ms. Gagnon and Mr. Pilon.

On the issue of temporary foreign workers, I understand you're indicating there is a system problem. The system, of course, creates an environment where there's an imbalance of power. The reality is that temporary foreign workers have zero power. They are entirely reliant on their employer. If they complain about the employer, they get fired from the job. They are then in deep trouble, because they're not making the money they need to send home to support their families, for example. From that perspective, in that power imbalance environment, there can be abuse that occurs. You have cited some horrific examples to that end.

In order to create a better balance of power, some advocates have advanced the notion of an open work permit. That is to say, the employers would have to treat these employees fairly. If they don't, they will move on somewhere else. Some people argue that having an open work permit means you can't keep them in the sector, because they can go anywhere. However, as with all jobs, to be competitive and get good workers, you need to pay them and have good employment conditions.

I wonder whether you can comment on the need for system change. Should the government be considering an open work permit option for migrant workers?

Citizenship and Immigration Committee on Nov. 23rd, 2023
Evidence of meeting #84 for Citizenship and Immigration in the 44th Parliament, 1st Session

4:10 p.m.


Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair.

I want to say thank you to all the witnesses, as well.

I want to carry on the conversation with responses from Ms. Gagnon and Mr. Pilon.

On the issue of temporary foreign workers, I understand you're indicating there is a system problem. The system, of course, creates an environment where there's an imbalance of power. The reality is that temporary foreign workers have zero power. They are entirely reliant on their employer. If they complain about the employer, they get fired from the job. They are then in deep trouble, because they're not making the money they need to send home to support their families, for example. From that perspective, in that power imbalance environment, there can be abuse that occurs. You have cited some horrific examples to that end.

In order to create a better balance of power, some advocates have advanced the notion of an open work permit. That is to say, the employers would have to treat these employees fairly. If they don't, they will move on somewhere else. Some people argue that having an open work permit means you can't keep them in the sector, because they can go anywhere. However, as with all jobs, to be competitive and get good workers, you need to pay them and have good employment conditions.

I wonder whether you can comment on the need for system change. Should the government be considering an open work permit option for migrant workers?

 

Michel Pilon
Legal Coordinator, Réseau d'aide aux travailleuses et travailleurs migrants agricoles du Québec

At RATTMAQ, we're having a lot of discussions with organizations that are involved in the round table, particularly the UPA and FERME, which is represented here today by Borja Torres. We're in favour of the idea of having an open permit, but we'd also agree on a sectoral permit. We clearly understand that if completely open work permits were available tomorrow morning, some agricultural sector workers would prefer to work at Olymel for $22 an hour, for example, rather than work on a farm for minimum wage. So it's important to create sectors.

We'd undoubtedly be open to the sectoral aspect of open permits. However, it would be important for the sectors to be clearly defined. They shouldn't be too limited, or else we'd revert to the same situation as in the case of closed permits. The idea is to establish larger sectors, which would enable workers to offer their services to other businesses should problems arise in the business where they work. For example, they could go to work on another farm, in the case of the agricultural sector, but the same thing would apply in other sectors.


Jenny Kwan Vancouver East, BC
NDP

Thank you.

I will jump in with my question, because I have limited time.

You noted that you support an open work permit, although you would want to see a sectoral open work permit. Your comment was that if there were a general open work permit, the workers could choose, for example, to work for a grocery store as a cashier. Maybe that's the case, or maybe it isn't, in terms of the competition. Doesn't that raise this question, though? If wage is the issue, shouldn't the employer at the farm increase the wages, so they can attract the workers?

I say this with all sincerity. I come from an immigrant family. Our whole family immigrated here. We had permanent residence status. When my mother first went to work, she went out and worked as a farm worker. She made $10 a day to support a family of eight. That is the reality. You're right. After two years, she got some work experience and then moved to the next stage as a minimum-wage worker—a dishwasher at a restaurant—until she retired at 65.

You're right. People look for better opportunities as they gain more experience. Doesn't that raise the whole point that you, as an employer, need to have good working conditions as well as competitive wages, in order to attract the workers and retain them?

 

Michel Pilon
Legal Coordinator, Réseau d'aide aux travailleuses et travailleurs migrants agricoles du Québec

I can give you a quick answer to your question by saying that RATTMAQ is a member of the coalition to raise the minimum wage in Quebec. It's clear to us that the minimum wage has to rise because people who are paid minimum wage clearly live below the poverty line. The coalition is called Minimum $18 now, but we're increasingly aiming for a minimum wage of $20 an hour in Quebec. At least that's the coalition's view.

We're definitely in favour of raising the minimum wage in Quebec.


Jenny Kwan Vancouver East, BC
NDP

On that note, the employer of course has the choice not to just stick with the minimum wage. They can offer higher wages right off the top, and not just go with the minimum wage requirement. I certainly support minimum wages going up. People cannot live on minimum wages, and that is absolutely the reality.

On the open work permit question as well, right now the government actually allows people to get an open work permit if they're subject to abuse, and that's after they have already experienced the abuse. You don't see people fleeing the sector. I have known workers who have been subjected to abuse, and with the help of the union, particularly the UFCW, they have gone to other employers, who were not abusing them, and stayed in the sector. These workers want to work. They want to make a good living to support themselves and their families.

On the notion of an open work permit, the idea that we have to hold on to an environment so they cannot leave, with a sectoral open work permit or a closed work permit, isn't that, in and of itself, part of the abuse of the system?


The Chair Sukh Dhaliwal
Liberal

Time is up.

If Mr. Pilon or Madame Gagnon could quickly answer the question, go ahead, please, with a quick answer.

 

Denise Gagnon
Vice-President, Board of Directors, Réseau d'aide aux travailleuses et travailleurs migrants agricoles du Québec

Thank you, Mr. Chair.

Ms. Kwan, what you say is very important because the system is a problem even in unionized workplaces.

To cite a very specific example, a greenhouse in Saint-Félicien hired nearly 400 workers, but working conditions there were so harsh that all Quebec workers left. What's happening is that the Mexican workers who were members of the union committee were called back for a contract this year. So you can say they're losing their right to organize collectively. You can clearly see in that instance that the system is causing the problem.

The problem that arises in the case of open permits for vulnerable workers is that people are then blacklisted and aren't called back. We do follow-ups in Guatemala and Mexico. We're going to hold an international conference on this and other matters in December so we can come up with some potential solutions to the problem.

 

4:35 p.m.


Jenny Kwan Vancouver East, BC
NDP

Thank you.

I want to continue with Ms. Gagnon.

You were talking earlier about employees getting blacklisted. If you make a complaint, you get blacklisted. That's something we've heard from other witnesses as well. From that perspective, with this whole concept of filing a complaint, while in theory it's supposed to work, in reality it's fraught with problems. Do you have any suggestions for the government on how to address that issue?

 

Denise Gagnon
Vice-President, Board of Directors, Réseau d'aide aux travailleuses et travailleurs migrants agricoles du Québec

We're trying to build alliances. I know that we have colleagues upstream, in Mexico or Guatemala, who are monitoring the situation and negotiating ethnic selection systems with the governments. The Vérité organization's program in Mexico is an example of that.

However, we can never really get a handle on the problem because it gets hard to provide evidence since we don't have access to all the information.

I'd just like to add that we aren't involved in the sectoral permits pilot project in Quebec. So the evaluation has to be nuanced because you really have to see how it works in reality. Remember that the Canada-Quebec accord in 1978 didn't address the closed permits issue. For us, this is a new feature in the landscape that we have to deal with and that entails some problems.


Jenny Kwan Vancouver East, BC
NDP

Canada used to have a program that brought in workers with a full range of skills. From what the NOC code considers a low skill to what is considered high skill, a whole range of skilled workers were brought to Canada with permanent resident status. They've done away with that. Now it's primarily focused on the so-called higher skill levels, even though these workers you're talking about are essential workers.

Would you advocate or support the call for the government to bring back an immigration policy for permanent resident status for the full range of skill sets that Canada needs for our labour market?

 

Denise Gagnon
Vice-President, Board of Directors, Réseau d'aide aux travailleuses et travailleurs migrants agricoles du Québec

Yes, I would completely support that call. We think we have to improve the pathway to permanent residence. Furthermore, people who want to work in the regions often want to stay there. That's a fact that we've observed. A member of our board who worked in Rimouski and Saguenay-Lac-Saint-Jean wants to live in the regions because that's where he learned his French and made his friends.

We don't think that kind of mobility is a problem. On the contrary, it also looks to me like a recognized fundamental right. And Canada has signed all the labour mobility agreements.


The Chair Sukh Dhaliwal
Liberal

Thank you, Ms. Kwan.

On behalf of the committee members, as the chair, I would like to thank Mr. Chambers, Mr. Pilon, Madame Gagnon and Mr. Borja Torres for being here and sharing important information with us. Thank you.

We will suspend the meeting for a few minutes before we go to an in camera meeting.

[Proceedings continue in camera]

Latest posts

CIMM#115: Pension Transferability and Access to Mandatory Provident Fund (MPF), and Delays in Permanent Residence and Visas for Hong Kongers Recent Reforms to the International Student Program

James McNamee, Director General, Family and Social Immigration Branch, Department of Citizenship and Immigration
I would say that's generally the case. If the work permit they obtained was originally connected to the public policy, that's correct. I don't know if that's the situation in all cases. In some cases, applicants may have had an LMIA-based work permit to begin with.

Jenny Kwan Vancouver East, BC, NDP
That's right. However, under the special immigration measure, the LMIA is not required.  I have a list of applicants in those circumstances. Their work permit renewal application was rejected. They were asked to submit an LMIA, which makes no sense. I want to flag that as a deep concern now emerging for people whose open work permits are being rejected as they wait for their permanent resident status. At this rate, given the immigration levels plan numbers and the processing delays happening, and with the number of applicants in place, you can imagine that it's going to take something like eight years to get through the backlog of people getting their PR status. This means that if they are trying to get their pension, they will not be able to do so for eight years, because they are required to provide proof of permanent residence.
I want to flag this as a major concern. I hope the department will take action to fix the error being applied to applicants whose open work permits are being rejected under this stream.  Can I get a confirmation from officials that this will be undertaken?

James McNamee, Director General, Family and Social Immigration Branch, Department of Citizenship and Immigration
Yes, that issue has been raised with the department already, and we're looking into it to see what exactly happened in those situations.

Jenny Kwan Vancouver East, BC, NDP
Okay. Officials are aware of it, and yet it's still happening.  I have cases coming to me that are happening. I'm about to prepare a giant pile of this stuff for the minister, so I hope the officials will fix that.  The other thing related to the pension, of course, is lengthy delays for people to get their permanent status.  Based on the immigration levels plan and the number of applicants in place, is it the officials' anticipation that it will take about eight years to get those applications processed?

James McNamee, Director General, Family and Social Immigration Branch, Department of Citizenship and Immigration
We have looked at that possibility. Certainly, it will take longer than we had previously indicated to the committee. I would note that the first year of the levels plan is the fixed year. The years that follow, in this case, 2026 and 2027, are flexible. There are opportunities to adjust those numbers in the future, and that could affect that timeline. It's hard to say whether eight years will be the timeline, but it will be longer than had been originally predicted because the numbers have gone down.

CIMM#114: Recent Reforms to the International Student Program

Jenny Kwan Vancouver East, BC
Aside from looking at patterns of potential violators—the groups and organizations taking advantage of students with these fraudulent letters of acceptance—will you be including in the analysis what types of institutions are being utilized for these fraudulent letters? In other words, is it private institutions versus public institutions, colleges versus universities and so on? Will that be part of the analysis?

Bronwyn MayDirector General, International Students Branch, Department of Citizenship and Immigration
It's not always the case that a letter originates from an institution. We would need to look at various possible sources.

Jenny Kwan Vancouver East, BC
Maybe I can reframe that.
Obviously, as these are fraudulent letters of acceptance, they wouldn't be issued by the institutions. However, regarding the list of institutions being used for the purpose of these fraudulent letters, I would be interested in obtaining information to determine what percentage are private institutions and public institutions, how many of them are colleges, how many of them are universities and so on. That will tell us very specific information that I think is important when trying to tackle fraudulent activities.

Bronwyn May, Director General, International Students Branch, Department of Citizenship and Immigration
I completely agree. That's a very important line of analysis.

Jenny Kwan Vancouver East, BC
I will make the further request to make sure you share this information with the committee. I'll argue that this information should not be kept secret. It should be public and transparent—shared with all Canadians—so that we're aware of what the landscape is and of how international students are being taken advantage of. With respect to that analysis, will there be information and data on what countries are being targeted?

Click to read the full discussion from the Committee meeting

CIMM#113: Pension Transferability and Access to Mandatory Provident Fund (MPF), and Delays in Permanent Residence and Visas for Hong Kongers

Jenny Kwan Vancouver East, BC
All right. Thank you.
Hence, we have this problem. You have the Canadian government, which created this lifeboat scheme for Hong Kongers who are fleeing persecution in Hong Kong as a result of the national security law. The government, in its wisdom or lack thereof, created this lifeboat scheme that only provides for temporary residence by way of a work permit or a study permit. Then these people have to go to the queue to make an application for permanent residence, and we know that there is a huge backlog and delay in processing.
In the beginning, there was swift action, but as time has passed, it's been lengthened by way of the delay, to the point where the former minister even made an announcement to further extend people's work permits and study permits for another three years. That is to say, a person could be here for six years—as long as six years—under this current scheme without getting permanent residence. This is because the minister anticipated that people would not be able to swiftly get their permanent resident status. That is the reality.
As a result of that, people are not able to provide proof of permanent residence, because the application is in process. To make it even worse, the government—the minister—just made an announcement about the levels plan, cutting levels to the tune of 105,000 permanent resident status applications.
You can imagine how long the wait-list is for Hong Kongers as they continue to wait. Now, these Hong Kongers have zero intention of returning to Hong Kong, because they know that they would be persecuted if they did. People know that. I think the Canadian government knows that.
This is my question, then, to you as the manager of their pension, which, because of this rule, they're unable to access: Would your organization be willing to write to the regulator to ask for consideration for these applicants who are in a prolonged period of waiting for permanent resident status, to ask that their declaration indicating that they do not intend to return to Hong Kong be accepted as proof that they intend to leave Hong Kong permanently so that they can access their pensions? Is that something that your organization would consider doing?

Maryscott GreenwoodGlobal Head, Government Relations, The Manufacturers Life Insurance Company
I think I understand the question.
The basic premise of your question has to do with the period of time it takes for the Government of Canada to determine and provide permanent residency or citizenship. It seems to me that this is a function of the Government of Canada, as opposed to a regulated entity. That's how I would answer that.

Laura HewittSenior Vice-President and Head, Global Government Affairs and Public Policy, Sun Life Financial Services of Canada Inc.
Yes. I would say that it's not within our authority to change the criteria.
However, our numbers show that once that permanent residency does come through, we're able to process the applications and approve Canadian permanent residents.

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