August 9, 2024

Federal Government Mulls Over Restricting Low-Wage Temporary Foreign Workers

In a pivotal development for Canada’s labor market, Employment and Workforce Development Minister Randy Boissonnault has announced potential sweeping changes to the Temporary Foreign Worker (TFW) program. This significant policy overhaul, under consideration by the federal government, could reshape how businesses access temporary foreign labor, particularly in low-wage sectors.

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Why the Federal Government is Overhauling the TFW Program

Boissonnault has highlighted a critical need to address abuse and misuse within the TFW program. “I have been unequivocal about the necessity to end the misuse and abuse of the TFW program. Protecting the health and safety of temporary foreign workers is a responsibility I take very seriously,” he emphasized. This initiative aims to curb fraudulent practices and ensure that the program serves its intended purpose.

Impact on Businesses and Workers

The proposed changes would affect positions offering wages below the median hourly rate in each province and territory. These median wages vary widely: from $24 per hour in Prince Edward Island and Nova Scotia to $39.24 per hour in the Northwest Territories.

Food and Beverage Sector Faces Potential Crisis

The food and beverage industry is particularly concerned about the implications of these changes. Kristina Farrell, CEO of Food and Beverage Canada, expressed alarm at the prospect of rejected TFW applications. “If these changes are implemented, it could spell disaster for the food and beverage manufacturing sector. The repercussions would be felt directly in the price of food,” she warned. The impact could be profound, potentially driving up food prices and affecting both consumers and businesses.

Fraudulent Practices and Enforcement Measures

Recent statistics reveal a troubling increase in fraudulent activities related to the TFW program. In the 2023-24 fiscal year, over $2 million in fines were issued a 36% increase from the previous year. Reports indicate that some employers are paying between $30,000 and $60,000 for fraudulent labor market impact assessments (LMIAs), a stark contrast to the standard $1,000 processing fee.

RCIC Sahil Sayal from Sayal Immigration explained that these fraudulent LMIAs are used to boost scores on Canada’s express entry immigration system. Sahil emphasized, “Many of the abuse stories we hear from sectors like food and hospitality reflect acute labor shortages. However, the solution lies in robust enforcement rather than broad policy changes.”

New Measures to Combat Misuse

During a recent meeting with industry representatives from various sectors, Boissonnault outlined several proposed measures to combat misuse of the TFW program. These measures include:

Stricter Oversight: Enhanced monitoring in high-risk areas when processing LMIAs.

Increased Fees: Potential hikes in LMIA application fees.

Enforcement of Limits: Enforcing the rule that TFWs cannot comprise more than 20% of a company’s workforce.

 How the New Policy Could Affect the Restaurant Industry

Restaurants Canada, represented by CEO Kelly Higginson, has also voiced concerns. The proportion of TFWs in their sector has increased from 1% to 3% post-pandemic. Higginson highlighted the crucial role of TFWs in areas where tourism drives the economy. “Temporary foreign workers are essential in areas where tourism is a key economic driver,” she noted. Without TFWs, vital services in tourist-heavy areas, including local coffee shops, could face significant disruptions.

Boosting Engagement and Addressing Concerns

Restaurants Canada is supportive of stricter oversight but worries about the broader implications. Higginson stated, “While we support stricter oversight to eliminate rule-breakers, the proposed changes could have dire consequences for our industry and the broader tourism economy.”

 Increasing Approval Rates for TFW Applications

The approval rate for TFW applications has surged in recent years, with 239,646 approvals last year – more than double the rate of 2018. This increase has raised concerns about potential systemic abuse. A Statistics Canada report from May 2019 revealed that one in ten TFWs earned less than $7,500 annually, underscoring the need for reform.

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 Take Action with Sayal Immigration

As the federal government deliberates these crucial changes, it’s important for businesses and workers to stay informed and prepared. For more information on how the new TFW policies might affect you or your business, contact Sayal Immigration today. Our team of experts is ready to provide guidance and support during this period of transition.