Nirman: Ottawa, and Canada, would benefit from changes to temporary-worker program

When labour practices focus on lower-cost foreign labour, it can create challenges for Canadian youth, including young people here in Ottawa.

Published Sep 09, 2024  •  Last updated 0 minutes ago  •  3 minute read

A temporary foreign worker sorts fruit on an Ontario farm. Postmedia

As an immigration lawyer in Ottawa with more than two decades of advocacy for fair and protective policies, I have observed significant challenges in Canada’s immigration system, particularly within enforcement and oversight.

The Temporary Foreign Worker (TFW) Program, designed to allow Canadian employers to hire foreign workers when qualified Canadians are unavailable, has expanded significantly in recent years — often without sufficient research, impact assessments on society, checks, balances, or oversight. This growth has led to critical issues requiring urgent reform, perhaps through a phased approach, to protect foreign workers’ rights and ensure that Canadian youth and the broader population are not inadvertently disadvantaged.

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Concerns about compliance with labour standards have been reported, highlighting cases where foreign workers may face challenging conditions. When labour practices focus on lower-cost foreign labour, it can create challenges for Canadian youth, including young people in Ottawa, who are seeking opportunities in these industries.

The emphasis on hiring lower-cost labour may also suppress wages and labour standards, making it more difficult for young Canadians to find well-compensated job opportunities and careers. This fosters an unsustainable reliance on foreign workers.

There is a need to establish attractive training programs that reward Canadians, particularly youth, to fill these roles. The current trend threatens the long-term sustainability of the Canadian labour market and could have far-reaching effects on society.

To address these challenges, it is essential to enhance and diversify selection processes from a variety of source countries and strengthen the enforcement of existing wage audits and inspections. Although these audits are mandated, more resources are needed to ensure they are conducted thoroughly.

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If employers are found non-compliant with labour standards, it is crucial to ensure appropriate consequences, such as fines and restrictions on future participation in the TFW program, in order to maintain program integrity. Implementing stricter penalties for repeated violations and establishing a transparent system to document and address abuses are crucial steps.

Enhancing inspections, particularly through unannounced audits in high-risk industries, can play a critical role in upholding labour standards. Independent agencies with enforcement authority would help ensure compliance and promote fair practices.

Canada’s immigration policies must prioritize fairness, integrity and the wellbeing of all, particularly the local population and its youth, who are the backbone of our society. To uphold these values, reforms to the TFW program should focus on strengthening local job markets, including the job market here in Ottawa.

Although it remains uncertain whether the recent changes to the TFW program are timely or sufficient, the ultimate objective must be to benefit Ottawa’s youth and citizens by encouraging employers to hire locally. This would lead to increased job opportunities, better wages, and improved working conditions.

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Such a shift would also drive greater investment in training and skill development for young workers, fostering employment stability and enhancing economic resilience. By aligning immigration practices with the principles of justice and equity, these changes have the potential to yield positive outcomes for both newcomers and the local community.

These issues are interconnected — a chain reaction from international students, visitors to TFWs, to permanent residents, and eventually to Canadian citizens. If the foundation of these programs is weak or broken, the ripple effect will be felt throughout the entire system, impacting the fabric of our society.

Policymakers must address these challenges early by ensuring proactive planning and coordination among federal departments responsible for these programs, such as Service Canada; Immigration, Refugees and Citizenship Canada; and Canada Border Services Agency, as well as provincial and municipal governments. This will help maintain the integrity of the TFW.  Streamlining programs and preventing abuse are essential to protect the interests of Canadians and of local industries.

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The time to act is now. Quebec’s temporary freeze on TFWs could set a precedent for other provinces. Simply reducing TFWs isn’t enough and may trigger unintended consequences, such as increased refugee claims in desperation, which would place additional economic burdens on Canadians and strain government resources.

Swift and concrete reforms are needed to ensure a fair system that benefits both Canadians and newcomers, supporting sustainable communities.

Daljit S. Nirman is an Ottawa lawyer, visiting professor, author and community builder.

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