Welcome to the Overview of the Temporary Foreign Worker Program E-learning Module.

1. Welcome to the Overview of the Temporary Foreign Worker Program E-learning Module. This training is delivered by AMSSA as part of the project Building Capacity to Support Migrant Workers in BC funded by the Government of Canada’s Migrant Worker Support Network. Funded by the Government of Canada’s Migrant Worker Support Network

2. Upon completion of this course participants will have acquired: • Knowledge of the Temporary Foreign Worker Program, its history and relevance in Canada, and more specifically in BC. • Knowledge about the streams of the Temporary Foreign Worker Program, requirements and eligibility under each stream  • Insights on the challenges migrant workers face under the TFWP and the mechanisms that have been put in place to try to mitigate these issues

3. AMSSAis BC’s province-wide umbrella association with over 70 member organizations who build culturally inclusive communities. AMSSA provides opportunities for its members and others in the settlement and integration community to exchange knowledge, build connections and engage with government with a unified voice. With a BC-wide perspective, AMSSA works to address emerging issues and build capacity for the BC Settlement sector. • Vision: A just and equitable society in which everyone benefits from social and economic inclusion. • Mission: AMSSA facilitates collaborative leadership, knowledge exchange and stakeholder engagement to support agencies that serve immigrants and build culturally inclusive communities. • Values: Inclusiveness, Integrity, Mutual Respect, Equity, Diversity and Collaboration.

4. Building Capacity to Support Migrant Workers • Resources and tools to enhance the knowledge and capacity of individuals, employers, unions, professional associations and other organizations supporting migrant workers in British Columbia. • To provide content that contributes to improving the working and living conditions of migrant workers and to exchange knowledge with organizations, employers and staff. www.migrantworkerhub.ca

6. Managed by: - Employment and Social Development Canada (ESDC)  - Immigration, Refugees, and Citizenship Canada (IRCC) Section 1: The Temporary Foreign Worker Program

7. Divisions of Duties The Temporary Foreign Worker Program is administered in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA). IRCC The Temporary Foreign Worker Program is regulated through the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations and is administered in partnership with Immigration, Refugees and Citizenship Canada (IRCC). ESDC and IRCC have agreements to monitor and share information that has an impact on the integrity of both the TFW Program and the International Mobility Program (IMP), which is led by IRCC.  CBSA ESDC

8. History of the Temporary Foreign Worker Program Click on each coloured country to learn about the history of the Temporary Foreign Worker Program

9. Program Volumes Flashcard 1 Flashcard 2 Flashcard 3

10. The Temporary Foreign Worker Program in BC Match the TFWP stream with the total amount of TFW approved positions in BC for 2018: After Quebec and Ontario, British Columbia is the province that takes the largest share of temporary foreign workers. In 2018 there was a total of 108,139 TFW positions approved in Canada of which 28,553 were for BC. TFWs play a very important role in addressing labour needs in BC since it is predicted that there will be 903,000 job openings between now and 2028.  For BC’s economy to continue to grow and prosper, strategies will be required to continue to bring people into the province’s labour force. Primary Agriculture 16 850 6 196 Low-Wage 5 534 High-Wage

11. Canada has international agreements that allow foreign workers to come and work here temporarily, but can employers hire foreign workers who are already in Canada? There are two types of foreign workers who are already in Canada that employers can hire: Click on each image to learn more: TEXT APPEARS AFTER IMAGE IS CLICKED ON TEXT APPEARS AFTER IMAGE IS CLICKED ON

12. Labour Market Impact Assessment (LMIA) What is a LMIA? How to apply for a LMIA What happens next? TEXT TEXT TEXT

13. Officers must also assess the genuineness of the offer of employment submitted by the employer. A negative assessment of the genuineness of the job offer will result in a work permit refusal. • Factors to consider: • be made by an employer who is “actively engaged” in the business • be consistent with the reasonable employment needs of the employer • have terms the employer is reasonably able to fulfill • be from an employer or their authorized recruiter who has shown past compliance with federal and provincial or territorial laws that regulate employment or recruitment in the province or territory where the foreign national will be working Labour and Genuineness Factors

14. Example of an employer actively engaged in the business Positive Example The owner of a high-end Japanese restaurant in Toronto would like to hire a Japanese sous-chef. His business has been open for 6 years and employs 36 people, including 8 foreign nationals. An officer may be satisfied that the organization legally exists and has the ability to provide stable employment for the requested period because it does all of the following: • has been open for several years • already employs several people • provides food and drink in a physical space (that is, the restaurant)

15. The employer can reasonably fulfill the terms of the offer of employment Positive example A well-established restaurant chain is hiring a specialty cook. The chain has been in existence for over 10 years and is known for its exemplary food and service. The restaurant chain is able to demonstrate that it is “capable of providing, for the duration of the work permit, work in line with the occupation, wages offered and acceptable employment standards” because they are well established and have several years of income to prove they can afford the new cook.

16. Compliance with laws regulating employment and recruitment Positive example A British Columbia mining company is hiring a temporary worker. There are several news articles referencing the fact that they have won prestigious safety awards in their industry and that they are a top 50 company to work for. Unless the officer has any indication to the contrary, they could be satisfied that this company has a common practice of compliance with “federal and/or provincial laws regulating employment and recruitment in the province(s) it is intended that the temporary worker will work” based on having won awards for safety and being one of the top 50 companies in Canada.

17. QUIZ Question 1: Which of the following streams had the highest number of TFW approved positions in the past few years? • LCP/Caregivers • Construction workers • Primary agriculture • High-wage

18. Section 2: Streams of the Temporary Foreign Worker Program Do you know which are the 4 streams of the TFWP? (Hint: The TFWP has streams and sub-streams) Check all that apply: • In-Home Caregiver  • Low-Wage • Primary Agriculture • Global Talent • Seasonal Agricultural Workers Program  • High-Wage • Permanent Residence supported by a LMIA

20. High-Wage and Low-Wage Streams • The wage being offered for the TFW position will determine if the employer needs to apply for a Labour Market Impact Assessment under the stream for High-Wage Positions or the stream for Low-Wage Positions, each with their own requirements. • Wage is at or abovethe provincial or territorial median hourly wage: Stream for High-Wage positions • Wage is below the provincial or territorial median hourly wage: Stream for Low-Wage positions

21. Hiring a temporary worker as an in-home caregiver In 2014, the government stopped accepting new applications to the Live-in Caregiver Program. Instead, foreign caregivers can arrive through the TFW Program’s High-Wage stream orLow-Wage stream. Caregivers can be hired to provide care to children, seniors or persons with certified medical needs in situations where Canadians and permanent residents are not available. These caregivers can enter Canada to work in a number of occupations.

22. Two categories for caregivers under the TFWP Caregivers for children Caregivers for people with high medical needs

23. Primary Agriculture The Primary Agriculture stream is the one that has the highest number of positions approved across Canada. Each year, thousands of TFWs come to work at Canadian farms to help in the production of the food that we eat everyday. This stream includes four sub-streams. Click to see the requirements of each sub-stream. • Seasonal Agricultural Worker Program • Agriculture Stream • High-wage • Low-wage INFORMATION ONCE USER HAS CLICKED ON EACH POINT

24. Permanent Residence Supported by LMIA Employers may also apply to the Temporary Foreign Worker Program for a Labour Market Impact Assessment to support a foreign national’s application for permanent residence through the following Express Entry Program categories administered by IRCC: •Federal Skilled Worker Program (FSWP) •Federal Skilled Trades Program (FSTP) •Canadian Experience Class (CEC)

25. Global Talent Stream Fostering Entry of Global Talent  The Global Talent Stream was launched in June 2017 (September 2017 in Québec) This stream is designed to assist Canadian companies by providing them with expedited access to in-demand global talent while ensuring Canadians have access to innovative jobs.

26. The Global Talent Stream Click on each button to learn more each category of this stream: Category A • An innovative company must be referred by one of the stream’s designated referral partners on the basis that the position being requested requires unique and specialized talent to help the firm scale-up and grow. • The innovative company must meet the following eligibility criteria at the time of each referral to ESDC: • Is operating in Canada; • Has a focus on innovation; • Has a willingness, and is capable of growing or scaling up; • Is seeking to fill a unique and specialized position in the company; and • Has identified a qualified foreign worker for potential hire into that unique and specialized position. Category B

27. International Mobility Program The International Mobility Program (IMP) lets the employer hire a temporary foreign worker without a Labour Market Impact Assessment (LMIA). The IMP includes all streams of work permit applications that are exempt from this requirement. LMIA Exemptions

28. QUIZ What determines if the employer needs a Labour Market Impact Assessment under the High-Wage stream or the Low-Wage stream? • The NOC code of the position offered • The highest yearly-salary for that position in the province • The length of employment • The wage being offered compared to the provincial median hourly-wage

29. Section 3: Challenges faced by migrant workers in the Temporary Foreign Worker Program Each year migrant workers come to Canada to fill labour shortages and contribute to the growth of Canadian economy. However, due to various factors such as language barriers, lack of knowledge about their rights and isolation migrant workers may be vulnerable to facing discrimination, exploitation and this can also have an impact on their health.

30. Discrimination Discrimination “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation” unless based on inherent requirements of the job. As persons less familiar with local language, law and support systems, and in many cases as visible minorities, migrant workers are at risk of being subject to discriminatory treatment.

31. What are some examples of discrimination in the workplace that migrant workers face? • Being dismissed or having shifts cut down • Not being paid the same as someone doing the same job with the same experience and qualifications • Exclusion or isolation by the employer and/or co-workers • Having information needed for the job deliberately withheld • Being given impossible tasks • Being subjected to abuse ANSWER BOX

32. Exploitation and Abuse Migrant workers are also vulnerable to being economically exploited, being charged illegal recruitment fees or being subjected to wage theft. Their work permit conditions and their work location often make them dependent on their employers for housing, access to healthcare, and access to basic information about their rights. Some workers might even become victims of human trafficking.

33. Listen carefully to the following example of exploitation and abuse:

34. Isolation and Lack of Access toServices Migrant workers often lack access to information and face language barriers. They may be isolated, particularly if they are agricultural or food processing workers. SAWP workers are dependent on their employers for housing, food and employment, and they are isolated on farms in rural areas. Because of their isolation, precarious status and lack of support, workers are often afraid to complain of abuse or to miss work if they become sick or injured.

35. Isolation and Lack of Access toServices Many workers do not know that they have health care, and generally only access emergency services. Most only have the right to the basic benefits available as a part of the provincial health system, not to dental, prescription drug and other such coverage.  Migrant workers often work long hours for 6 or 7 days a week, face language barriers, lack of transportation, and fear of the employer finding out about their illnesses which results inmajor impediments to accessing health care.  There are also important concerns about occupational health and safety, specially regardingpesticides.

36. Health and Safety Rights and Responsibilities All workers in British Columbia have four basic Health & Safety Rights. The Right to Know The Right to Participate The Right to Refuse Unsafe Work The Right to No Discrimination

37. Reporting injuries BC employers who fail to report an injury could be liable for associated costs. Learn more about the employer’s responsibility to report injuries in this video from Employment Standards. Watch this short video from the BC Employers' Advisers Office about reporting a workplace injury:

38. What are some challenges that migrant workers face in your community? (answer box)

39. Section 4: Temporary Foreign Worker Program Conditions Employer Compliance Employers must meet specific requirements to hire foreign workers and uphold the conditions as set out in the Immigration and Refugee Protection Regulations (IRPR). Employers of temporary foreign workers are expected to be aware of their responsibilities and obligations under the Immigration and Refugee Protection Act (IRPA), and the IRPR.

40. Complete each of the sentences on the left with the information on the right: Employees are responsible for: Ensuring they meet all of the conditions and requirements of the Temporary Foreign Worker (TFW) Program as outlined in documents such as the Labour Market Impact Assessment (LMIA) application and any other documents that demonstrate their compliance with the program conditions  for a period of six years. Keeping all records associated to their LMIA application Informing Employment and Social Development Canada (ESDC)/Service Canada of  any changes or errors relating to an approved LMIA, the temporary foreign worker or the working conditions. employment of temporary foreign workers to ensure they continue to uphold the TFW Program conditions Employers must regularly review the activities related to the  rectify errors and/or non-compliance as soon as it is discovered and contact ESDC/Service Canada of any changes that occur. Employers are required to take action to

41. Employer Inspections (Federal) ESDC/Service Canada, under the IRPA and the IRPR, has the authority to review the activities of any employer using the TFW Program, in relation to the treatment of workers, their LMIA or LMIA application by conducting: • an inspection with or without prior notice to the employer • an Employer Compliance Review (ECR) • a review under Ministerial Instruction

42. Employer Inspections (Federal) If an employer is selected for a review, they will be informed of: • the type of review being undertaken • the type of inspection and the period being reviewed • the condition(s) for which they need to demonstrate compliance • specific actions they may need to take, such as providing documents, attending an interview and the timelines • consequences of non-compliance or non-response Processing of a LMIA application may be delayed if the employer is undergoing a compliance review.

43. Suspensions Click on each tab to learn more about the LMIA suspension process: Stage 1 LMIAs may be suspended during a review of any kind (inspection, ECR, or under Ministerial Instruction). A suspension is temporary and prevents foreign nationals from obtaining a work permit from Immigration, Refugees and Citizenship Canada (IRCC) while a review is being conducted. Stage 2 Stage 3

44. Review Outcomes • Click on each outcome to learn more:

45. Employment Standards (Provincial) Foreign workers are covered by the Employment Standards Act and Regulation. These provisions include overtime pay, statutory holidays and holiday pay, annual vacations and vacation pay, and minimum wage. Learn more about the Employment Standards specific to each stream of the Temporary Foreign Worker Program in this info sheet as well as additional information on the process of filing a complaint if these standards are not met. Access the full info sheet here:https://migrantworkerhub.ca/migrant-resource/employment-standards-for-migrant-workers/

46. Licensing Recruiters to Protect Foreign Workers • From Oct. 1, 2019, recruiters who help secure employment in B.C. are required to obtain a license. • This new licensing requirement gives better protection to workers new to Canada, including people who enter under the Temporary Foreign Workers Program and are more vulnerable to abuse in the workplace. • Recruiters who operate without a license or contravene the Temporary Foreign Worker Protection Act in other ways could face monetary penalties of up to $50,000, be imprisoned for up to one year or face both.

47. Reporting Abuse Employers that abuse or misuse the TFWP may face criminal sanctions including fines or imprisonment, or administrative consequences such as a suspension, revocation or a ban from access to the Program.

48. Reporting Abuse The Temporary Foreign Worker Program Online Fraud Reporting tool can be used to provide details of misuse or abuse related to the TFWP. It’s a step-by-step secure online process for submitting information, anonymously if needed, directly to Service Canada. https://www.canada.ca/en/employment-social-development/corporate/transparency/access-information/prevention-signalement-fraude/report-online-fraud.html

49. Reporting Abuse • The Integrity Services Branch coordinates the information that Service Canada receives from individuals and assesses it for relevance, credibility and impact to determine whether abuse or misuse has occurred with respect to the Temporary Foreign Worker Program. • The information provided is reviewed and given to the appropriate office for further review and/or action. • Suspected misuse or abuse can also be reported by calling the toll-free Service Canada Confidential Tips Line at 1-866-602-9448. Information can also be mailed to the address below, or submitted at any Service Canada Centre. National Investigative Services  Integrity Services Branch Service Canada 165 Hotel-de-Ville, 6th Floor Gatineau, Québec  K1A 0J2 Canada

50. You are close to the end of this e-learning module! • In this course you have learned about the history of the Temporary Foreign Worker Program, the different streams through which migrant workers can come to Canada, the employer responsibilities, the challenges that migrant workers face and various forms to protect their rights. • There is still a lot of work to do to make sure that the rights of migrant workers are always respected and to reduce the challenges that they face. • However, there are also success stories of the great benefits that this program has meant for migrant workers who have been part of it for many years or who have made of Canada their home after becoming permanent residents. • For all of these reasons it is important that we continue to support migrant workers and to find ways to increase the benefits of the program for all of them as well as for Canadians.