Foreign workers scrutinized

Surprise checks at workplaces may curb abuse

A new rule giving federal officials the power to inspect Canadian workplaces without a warrant is being praised by some as an important step toward halting abuse of the country’s temporary foreign worker program.

But critics remain skeptical, questioning how and when the inspections will be carried out and whether the government is truly committed to reforming a system many industries have come to rely on.

Jon Salvador — president of NuERA Immigration and Consulting Services in Calgary — said the latest reforms are good news for foreign workers, who are at risk of being taken advantage of under the cur- rent system. Announced in June but effective as of this week, the new rules give the federal government the power to enter any workplace unannounced, interview foreign workers about their working conditions, and demand their employer produce documentation demonstrating compliance with Canadian law.

Salvador — who works largely with Filipino foreign workers, landed immigrants, and their families — said employer abuse of the temporary foreign worker program is not unusual.

“They (the workers) can’t complain, because they’re going to get fired, and many of them have families abroad they’re supporting,” he said. “If the government sends in inspectors without announcing themselves and audits these companies, they might pick up the anomalies that are happening.”

One of the most common examples of abuse, Salvador said, is when an employer promises a specific wage when applying for government permission to access the program, but ultimately pays the newly arrived worker a lower rate. In some cases, employers will pay the original rate as stated in the approval, but then ask the employee for cash back on every paycheque.

“They do it to avoid a paper trail,” he said.

Salvador has also heard of employers who refuse to pay overtime, and employers who charge workers too much for accommodations.

According to Citizenship and Immigration Canada, under the new rules, a workplace inspection may be sparked “if there is reason to suspect” an employer is not complying with the terms of the program. This could come as the result of a complaint from a worker, but the new rules also authorize officials to conduct random inspections. Employers found to be abusing workers or failing to make reasonable efforts to hire and train Canadian workers can have their permission to hire foreign workers suspended or revoked.

Not everyone believes the new rules go far enough.

Alberta Federation of Labour president Gil McGowan, who has said the temporary foreign worker program drives down wages and keeps unemployed Canadians out of work, questions whether the latest reforms have any teeth.

“Where are the inspectors going to come from, who’s going to pay for it, how often are they going to be conducted? The government has answered none of these questions,” he said. “I remain skeptical that this is anything more than political spin and public relations.”

A spokesperson for Employment and Social Development Canada said information about staffing levels or the number of compliance inspections will not be released, as doing so could “affect employer behaviour and potentially negatively impact the integrity of our program.”

The new rules are the latest in a string of changes announced in the aftermath of two scandals involving the federal government’s temporary foreign worker program.

In one, a B.C. mining company hired 201 Chinese workers after posting an ad that claimed speaking Mandarin was part of the job requirements. In another, a group of Royal Bank of Canada employees whose jobs were outsourced by a contractor found themselves training foreigners to replace them in their own positions.

Other reforms that have already been enacted include an elimination of the “15 per cent rule,” which allowed employers to pay foreign workers up to 15 per cent less than the going wage for the same job, and increased fees for companies applying to access the program.

Alberta uses more temporary foreign workers — there are now 70,000 employed in the province — than any other Canadian jurisdiction. These workers range from highly skilled oilsands employees to lowskilled workers making their livings at fast-food chains, gas stations, and on farms.