CIMM#85: Application Backlogs and Processing Times and Closed Work Permits and Temporary Foreign Workers

I appreciate Mr. Possberg's comments about the concern over violations of labour codes, whether it's a domestic worker or a temporary foreign worker. I guess the operative difference, though, between those two categories of workers, is that temporary foreign workers do not have full status. People who are here—Canadians or people with permanent resident status—have status and, therefore, protection.

In the case of temporary foreign workers, the biggest problem, of course, is this: Because they don't have full status, they have very few options. When they are subjected to mistreatment or abuse by the employer, what happens to them? They have dilemmas. They have difficult decisions to make. If they report this situation, they stand to lose their job. If they lose their job, they run into a whole host of other problems. These include not having financial resources, not only to support themselves but also to send home to their families.

We also have situations where a lot of workers may not have access to information about where to go to make their reports. There have been surveys done. The Migrant Workers Alliance for Change, for example, has done a lot of work with migrant workers. When they survey migrant workers, how many of them have actually received information about their rights? The vast majority of them say they haven't. Then, when you ask further questions about how many of them received information about their rights in the language they speak, that number reduces even more. You can anticipate the difficulties with all of that.

Citizenship and Immigration Committee on Nov. 28th, 2023
Evidence of meeting #85 for Citizenship and Immigration in the 44th Parliament, 1st Session

 

4 p.m.

 

The Chair Sukh Dhaliwal
Liberal

Thank you, Mr. Possberg.

We'll go to the honourable member, Madam Kwan, for six minutes.

 

 

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair.

I thank the witnesses for their presentations and for being here today.

I appreciate Mr. Possberg's comments about the concern over violations of labour codes, whether it's a domestic worker or a temporary foreign worker. I guess the operative difference, though, between those two categories of workers, is that temporary foreign workers do not have full status. People who are here—Canadians or people with permanent resident status—have status and, therefore, protection.

In the case of temporary foreign workers, the biggest problem, of course, is this: Because they don't have full status, they have very few options. When they are subjected to mistreatment or abuse by the employer, what happens to them? They have dilemmas. They have difficult decisions to make. If they report this situation, they stand to lose their job. If they lose their job, they run into a whole host of other problems. These include not having financial resources, not only to support themselves but also to send home to their families.

We also have situations where a lot of workers may not have access to information about where to go to make their reports. There have been surveys done. The Migrant Workers Alliance for Change, for example, has done a lot of work with migrant workers. When they survey migrant workers, how many of them have actually received information about their rights? The vast majority of them say they haven't. Then, when you ask further questions about how many of them received information about their rights in the language they speak, that number reduces even more. You can anticipate the difficulties with all of that.

Now, I want to get into the issue of status. The Canadian government has put in place something that says temporary foreign workers who may be subjected to abuse are “vulnerable workers”. They can report, and there's a process people can go through. If, through that investigation, it's proven there has in fact been abuse, they would be able to get an open work permit. What I don't understand is why we have a system that says only after you've been subjected to abuse—you've already experienced terrible working and housing conditions, and what have you—can you get an open work permit.

The question for me is this: Why not offer the open work permit upfront to people? I get that people will say, “They'll all leave. They won't come and we will lose the sector.” In our last panel, that question was asked of the witnesses. It is an issue of working conditions and competitive working environments, so you can attract and retain workers both locally and, I guess, possibly from abroad.

I will share this with you: I am an immigrant. My family immigrated here. When we first arrived as a family of eight, we had a low income. My mom went into the workforce and worked in the fields at a farm. She made $10 a day to support the family. She left at 5 a.m. and did not get back until 9 p.m. She made $10 a day. Now, I know that was a long time ago. Ten dollars is not very much now, but back then it wasn't very much either. That was the reality. She did that for two years to support the family. She eventually got a better job making minimum wage.

The question then is this: If employers were to consider better working conditions and competitive wages to attract and retain domestic workers as well as temporary foreign workers, wouldn't that be a much better way, instead of subjecting people to potential abuse? I'm not saying all employers are abusive. It's potential abuse.

I'm reading a report from the news here, which indicates the government did a series of assessments and found 116 violations, with 93 employers facing monetary penalties totalling $1.5 million.

What were their violations? We are talking about wages not being compliant with what they were supposed to pay workers and that workers thought they were signed up for. Inadequate accommodations and issues around safe working conditions were among these violations. This is the reality that people are faced with.

What I would urge you to consider is this. What should be done to ensure that workers' rights are protected?

That is the big question which, in my mind, is absolutely critical. I would urge all employers to take it into consideration.

 

 

The Chair Sukh Dhaliwal
Liberal

You have 30 seconds to respond to the question. You can always come back to it in the next round.

 

 

Kenton Possberg

From a broader context, the foreign worker program, first and foremost, needs to protect the Canadian workforce and the Canadian worker. That's at the very top.

This is probably in the same study you're referring to. In a recent study, 96% of employers were compliant. What I found really interesting was that of those 4% that were not compliant, the majority were non-compliant due to things like not keeping documents for six years.

Now, I know there are instances where there could be potential abuse. If they are verified, that's not good. We have systems in place already to deal with these situations. These employers are dealt with. They are blacklisted from the program. Whether it's for a foreign worker or a Canadian citizen, they need to have these protections in place.

 

 

Jenny Kwan Vancouver East, BC
Liberal

Absolutely. For temporary foreign workers, the problem is that they often don't.

 

 

The Chair Sukh Dhaliwal
Liberal

Madam Kwan, you are almost at the seven-minute mark.

Mr. Maguire, we'll go to you for five minutes.

 

 

4 p.m.

 

The Chair Sukh Dhaliwal
Liberal

Thank you, Mr. Possberg.

We'll go to the honourable member, Madam Kwan, for six minutes.

 

 

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair.

I thank the witnesses for their presentations and for being here today.

I appreciate Mr. Possberg's comments about the concern over violations of labour codes, whether it's a domestic worker or a temporary foreign worker. I guess the operative difference, though, between those two categories of workers, is that temporary foreign workers do not have full status. People who are here—Canadians or people with permanent resident status—have status and, therefore, protection.

In the case of temporary foreign workers, the biggest problem, of course, is this: Because they don't have full status, they have very few options. When they are subjected to mistreatment or abuse by the employer, what happens to them? They have dilemmas. They have difficult decisions to make. If they report this situation, they stand to lose their job. If they lose their job, they run into a whole host of other problems. These include not having financial resources, not only to support themselves but also to send home to their families.

We also have situations where a lot of workers may not have access to information about where to go to make their reports. There have been surveys done. The Migrant Workers Alliance for Change, for example, has done a lot of work with migrant workers. When they survey migrant workers, how many of them have actually received information about their rights? The vast majority of them say they haven't. Then, when you ask further questions about how many of them received information about their rights in the language they speak, that number reduces even more. You can anticipate the difficulties with all of that.

Now, I want to get into the issue of status. The Canadian government has put in place something that says temporary foreign workers who may be subjected to abuse are “vulnerable workers”. They can report, and there's a process people can go through. If, through that investigation, it's proven there has in fact been abuse, they would be able to get an open work permit. What I don't understand is why we have a system that says only after you've been subjected to abuse—you've already experienced terrible working and housing conditions, and what have you—can you get an open work permit.

The question for me is this: Why not offer the open work permit upfront to people? I get that people will say, “They'll all leave. They won't come and we will lose the sector.” In our last panel, that question was asked of the witnesses. It is an issue of working conditions and competitive working environments, so you can attract and retain workers both locally and, I guess, possibly from abroad.

I will share this with you: I am an immigrant. My family immigrated here. When we first arrived as a family of eight, we had a low income. My mom went into the workforce and worked in the fields at a farm. She made $10 a day to support the family. She left at 5 a.m. and did not get back until 9 p.m. She made $10 a day. Now, I know that was a long time ago. Ten dollars is not very much now, but back then it wasn't very much either. That was the reality. She did that for two years to support the family. She eventually got a better job making minimum wage.

The question then is this: If employers were to consider better working conditions and competitive wages to attract and retain domestic workers as well as temporary foreign workers, wouldn't that be a much better way, instead of subjecting people to potential abuse? I'm not saying all employers are abusive. It's potential abuse.

I'm reading a report from the news here, which indicates the government did a series of assessments and found 116 violations, with 93 employers facing monetary penalties totalling $1.5 million.

What were their violations? We are talking about wages not being compliant with what they were supposed to pay workers and that workers thought they were signed up for. Inadequate accommodations and issues around safe working conditions were among these violations. This is the reality that people are faced with.

What I would urge you to consider is this. What should be done to ensure that workers' rights are protected?

That is the big question which, in my mind, is absolutely critical. I would urge all employers to take it into consideration.

 

 

The Chair Sukh Dhaliwal
Liberal

You have 30 seconds to respond to the question. You can always come back to it in the next round.

 

 

Kenton Possberg

From a broader context, the foreign worker program, first and foremost, needs to protect the Canadian workforce and the Canadian worker. That's at the very top.

This is probably in the same study you're referring to. In a recent study, 96% of employers were compliant. What I found really interesting was that of those 4% that were not compliant, the majority were non-compliant due to things like not keeping documents for six years.

Now, I know there are instances where there could be potential abuse. If they are verified, that's not good. We have systems in place already to deal with these situations. These employers are dealt with. They are blacklisted from the program. Whether it's for a foreign worker or a Canadian citizen, they need to have these protections in place.

 

 

Jenny Kwan Vancouver East, BC
NDP

Absolutely. For temporary foreign workers, the problem is that they often don't.

 

 

The Chair Sukh Dhaliwal
Liberal

Madam Kwan, you are almost at the seven-minute mark.

Mr. Maguire, we'll go to you for five minutes.

 

https://openparliament.ca/committees/immigration/44-1/85/jenny-kwan-1/

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CIMM#93: Closed Work Permits and Temporary Foreign Workers and Briefing on Recent Changes to International Student Policy and Plans for Future Measures

On the question around student housing, I absolutely think that it is essential for institutions and provinces do their part and I think that the federal government should show leadership and perhaps initiate a program wherein the federal government contributes a third of the funding, institutions provide a third of the funding, and the provinces and territories provide a third of the funding towards the creation of student housing, both for international students and domestic students. That way you can have a robust plan to address the housing needs of the students.

I'm going to park that for a minute and quickly get into the students who were subject to fraud. We have a situation in which students have now been cleared and found to be genuine by the task force, but they have not gotten their passports back yet. I don't know what the holdup is, and I wonder if the minister can comment on that.

Second, there are students who are still waiting to be evaluated by the task force, and the task force work can't proceed because they might be waiting for a date for the IRB to assess the question on their permit on whether or not it was genuine or whether or not there was misrepresentation. They are consequently in a situation in which people are just chasing their tails and they can't get to the task force.

On that question, will the minister agree that instead of making people go through that process with the IRB, the task force evaluation can move forward first so that they can be found to be either a genuine student or not a genuine student?

 

CIMM#92: Closed Work Permits, Temporary Foreign Workers and Committee Business

I want to thank the special rapporteur for joining us today at committee. I also very much appreciate your coming to Canada and looking into this issue.

As many of the witnesses have said to us, the issue around the immigration system as it's set up, with the closed work permit approach, is that it actually sets these workers up for exploitation. From that perspective.... It's not to say, as the Conservatives would suggest, that you were alleging that all employers abuse workers. I don't believe you said that at any point in time; rather, I think the issue is about the immigration system that Canada has.

Instead of having this closed work permit situation, what would you say is the remedy to address the exploitation that many of the migrant workers you spoke with directly experienced?

 

Special Rapporteur on Contemporary Forms of Slavery, United Nations, As an Individual
Tomoya Obokata

My recommendation is, certainly, to modify the closed nature of the program. If the workers are able to choose their employers at their own will, that reduces the instances of abuse and exploitation.

More importantly, whether it's closed or not, employers have to comply with the relevant legal obligations. I accept that a large number of employers already do. It's those others who do not who require further attention from the provincial and federal governments to see whether they can take appropriate law enforcement actions against those who breach labour standards legislation.

 

Jenny Kwan Vancouver East, BC
NDP

With respect to exploitation, one of the issues that migrant workers are faced with is that they don't have full status here in Canada; they have only temporary status. One issue that has been identified is the closed work permit. The other issue is in terms of having rights. Being able to have their rights protected also means that they have to have status here in Canada.

How would you suggest the policy side of things should be amended to ensure that these migrant workers have their rights protected?

CIMM#91: Government's Response to the Final Report of the Special Committee on Afghanistan and Committee Business

Thank you very much, Mr. Chair. I thank the committee members for supporting the last motion.

I have another motion that I'd like to move at this point. Notice has been given for it. It reads as follows:

That, pursuant to Standing Order 108(2), the committee invite the Minister of Immigration, Refugees and Citizenship and the Minister of Housing, Infrastructure and Communities and relevant officials together for two hours, or invite the Minister of Immigration, Refugees and Citizenship with relevant officials for two hours, and the Minister of Housing, Infrastructure and Communities to appear separately with relevant officials for one hour to update the committee on:

(a) the work of the task force addressing the exploitation scheme targeting international students as many students are still reporting that they are in limbo and have not heard back from officials about their status;

(b) the measures taken by IRCC and institutions to help prevent and protect international students from fraud schemes;

(c) the justification to increase the financial requirements for international students by more than 100% to $20,635;

(d) the justification for putting a cap on international study permits; and

(e) the plans to address the housing crisis for international students and efforts made to collaborate with provinces, territories and post-secondary institutions.

I think the motion is self-explanatory on all elements, and I think we would benefit from having the two ministers appear before our committee. We've also deliberated this issue at length at another meeting, so in the interest of time, I won't revisit all of those points.

I hope committee members will support this motion.

 

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