Migrant labour system failing workers and employers, Senate committee report finds

Canada’s migrant labour infrastructure is failing workers and the employers who depend on them, a Senate committee has found. A new Migrant Work Commission is necessary to spearhead reforms that are in the interests of migrant workers, employers and all Canadians.

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“Canada’s migrant labour system is not up to the task. It does not protect workers, it’s unwieldy for employers and it is inefficiently administered. We need long-term solutions to address the many shortcomings of the current system. Our study shows what needs to be done — it is up to the government to act now.” - Senator Ratna Omidvar, Chair of the committee

On Tuesday, May 21, 2024, the?Senate Committee on Social Affairs, Science and Technology?released its report on Canada’s temporary and migrant labour force,?Act Now: Solutions for temporary and migrant labour in Canada. Over the course of its study, which began in November 2022, the committee heard evidence from workers, employers, labour unions, academics, policy experts and government officials. Committee members also undertook a fact-finding mission to New Brunswick and Prince Edward Island that underscored just how essential migrant labour is to many Canadian enterprises.

“Migrant workers are essential to the industries that Canadians rely on. In the Maritimes, a dairy farmer told the committee he wouldn’t have been able to recover from the devastation of Hurricane Fiona without the people he called ‘his team.’ We should reward their loyalty and his perseverance with a system that works for everyone.”- Senator Jane Cordy, Deputy Chair of the committee

Many low-wage migrant workers who help sustain agriculture, caregiving and tourism sectors — among others — come to Canada through the Temporary Foreign Worker Program. Under this program, workers receive what is known as a closed or tied permit that requires them to work for specific employers. This makes them more vulnerable to abuse at the hands of bad actors. Well-intentioned employers are also disadvantaged, however, as they have limited to no flexibility to move workers where needed, to staff higher-skilled occupations and to recognize good work with promotions.

?“The current system leaves female migrant workers particularly vulnerable to instances of sexual and physical violence in the workplace. A lack of structural protections dissuades women from reporting these experiences and encourages them to accept mistreatment and exploitation. We can — and must — do better.”- Senator Flordeliz (Gigi) Osler, member of the Subcommittee on Agenda and Procedure

Meanwhile, 50 years of piecemeal change has created a labyrinth of programs, streams and pathways to temporary and permanent work, with different levels of government and departments duplicating and complicating efforts. This is confusing for workers and employers, and costly to Canadian taxpayers.

The report makes six recommendations to create a fairer and more equitable system that protects workers and allows Canadian enterprises to thrive. The creation of a Migrant Work Commission would provide the leadership needed to create such a system and, as such, it is the report’s top recommendation. Other recommendations include phasing out employer-specific work permits, exploring sector- or region-specific work permits, and reforming lax enforcement and compliance measures.

Quick Facts

• The Temporary Foreign Worker Program was created in 1973 as a measure of last resort to bring foreign workers to Canada on a temporary basis to fill jobs for which qualified Canadians were not available. It is now clear that this program is essential and entrenched; it is therefore time to recognize this reality and adapt Canada’s migrant labour infrastructure accordingly.
• On its fact-finding mission to the Maritimes, members of the committee heard that migrant workers are essential to local industries such as seafood processing and agriculture. Many workers return year after year or have obtained permanent residence to become part of what are now multi-generational families that have revitalized rural communities.
• Enforcement measures are inefficient and ineffective. Duplicative inspections are a regular occurrence due to a lack of co-ordination between different departments and levels of government. In addition, a majority of inspections are announced to businesses beforehand, allowing unscrupulous employers to manipulate conditions.

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