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CIMM Committee Report

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LIST OF RECOMMENDATIONS

Recommendation 1

The Committee recommends that the Government of Canada maintain the current Temporary Foreign Worker program, possibly enhanced by the recommendations of this report, in order to fill labour needs that are of a temporary nature, such as labour needs that are seasonal or likely to be of a cyclical nature.

Recommendation 2

The Committee recommends that the Government of Canada create a temporary foreign worker advisory board comprised of various stakeholders to provide it with periodic feedback and recommendations. The advisory board should be given a broad mandate, including on-going monitoring, oversight, and review of the temporary foreign worker programs.

Recommendation 3

The Committee recommends that the Government of Canada initiate dialogue and facilitate cooperation with the provinces and territories, so that the temporary foreign worker and provincial nominee programs function together smoothly to provide a pathway to permanent residency.

Recommendation 4

The Committee recommends that the Government of Canada provide for a possible one-year extension of the three-year period during which a live-in caregiver must complete 24 months of employment in order to be eligible to apply for permanent resident status, when there is a good reason the live-in caregiver did not complete the employment requirements within the initial three-year period.

Recommendation 5

The Committee recommends the implementation of the "Juana Tejada Law" which would exempt live-in caregivers from the second medical exam when they apply for permanent residence.

Recommendation 6

The Committee recommends that the Government of Canada create a path to permanent residency for all temporary foreign workers modeled on the opportunity currently available to live-in caregivers.

Recommendation 7

The Committee recommends that the Government of Canada mandate the proposed temporary foreign worker advisory board to include family separation in its monitoring.

Recommendation 8

The Committee recommends that the Immigration and Refugee Protection Regulations be amended so that accompanying immediate family members of persons with a temporary work permit are automatically eligible for an open work permit.

Recommendation 9

The Committee recommends that the Government of Canada work with provincial and territorial governments, with input from other stakeholders, to develop and maintain a list of occupations for which it has been determined that there is a bona fide labour shortage in the province or territory, and therefore in respect of which employers may hire temporary foreign workers.

Recommendation 10

The Committee recommends that the Government of Canada make provincial and territorial lists of occupations experiencing labour shortages publicly available, including on the Internet, as well as the methodology used to arrive at that determination.

Recommendation 11

The Committee recommends that the Government of Canada welcome stakeholder input in making labour shortage determinations. It should facilitate an Internet-based system through which stakeholders may provide observations or suggestions relevant to changing or making a labour shortage determination and thereby modifying the list of occupations experiencing labour shortages. The Government of Canada should:

  • post all observations and suggestions it receives for the public to see;
  • consider all observations and suggestions; and
  • provide a public response in relation to all observations and suggestions detailing how such information is, will be or will not be taken into account, and why.

Recommendation 12

The Committee recommends that the Government of Canada modify the Labour Market Opinion process currently followed to include:

  • verifying that the occupation for which the employer wishes to hire is included on the list of occupations for which it has been determined that there is a bona fide labour shortage in the province or territory; and
  • assessing the same employer- and job-specific criteria currently checked in relation to the LMO process.

Positive determinations on both steps would lead to the issuance of a “hiring permit” for the employer (rather than a positive or neutral LMO, as is the current terminology.)

Recommendation 13

The Committee recommends that the Government of Canada automatically approve an application for a “hiring permit” if the application is certified to be substantially the same as a prior application that was approved, and no relevant factors have changed.

Recommendation 14

The Committee recommends that the Government of Canada provide for electronic “hiring permit” extensions.

Recommendation 15

The Committee recommends that all approved “hiring permits” have expiry dates. Six months may be an appropriate validity for a “hiring permit.”

Recommendation 16

The Committee recommends that the Government of Canada maintain, on a voluntary basis, a list of all employers who have received “hiring permits,” and that information from the list be available for use by unemployed temporary foreign workers in Canada, and those helping them, in identifying employers seeking to hire temporary foreign workers.

Recommendation 17

The Committee recommends that the Government of Canada modify the information it provides to employers and the public at large on the topic of the temporary foreign worker programs (including websites and print information) to make it easier for people to find the lists of current prevailing wage rates and to clarify that “hiring permit” applications will be rejected if they indicate a wage rate that does not equal or exceed the prevailing wage rate.

Recommendation 18

The Committee recommends that, in relation to the lists of current prevailing wage rates, the Government of Canada disclose the method of arriving at each rate, including the statistics relied upon.

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Recommendation 19

The Committee recommends that the Government of Canada establish a process by which stakeholders may provide input on any method used to arrive at a prevailing wage rate, and receive a response to their comments from the Government of Canada. The process may be Internet-based, and should be simple, public and obvious.

Recommendation 20

The Committee recommends that the Government of Canada discontinue making work permits of temporary foreign workers employer-specific, and that it make such work permits sector- and province-specific instead. Where there is a change of employers, employers should be able to claw-back the recruitment and associated costs from subsequent employers to earlier employers on a pro-rated basis.

Recommendation 21

The Committee recommends that the Government of Canada levy a fee on employers in connection with issuing “hiring permits” in order to fund a pool of money for emergency support of unemployed temporary foreign workers in Canada. It should also establish guidelines for disbursements from the pool.

Recommendation 22

The Committee recommends that the Government of Canada require each temporary foreign worker candidate to attend an in-person orientation session in his or her country of origin prior to the work permit being issued, and that NGO/non-profit settlement, counselling and advocacy agencies regularly provide input to the orientation session.

Recommendation 23

The Committee recommends that temporary foreign workers be required, within three months of their arrival, to meet with an accredited NGO to follow up on labour legislation compliance.

Recommendation 24

The Committee recommends that the government take all necessary steps to inform workers abroad of the legal provisions regarding recruiters in the province in question.

Recommendation 25

The Committee recommends that the Government of Canada use the Internet and other means to make the following information readily available to employers who hire temporary foreign workers:

  • a warning about unscrupulous recruitment agencies and descriptions of the shady practices in which they may engage;
  • information about countries in which such problems are particularly acute;
  • a statement of best practices against which an employer may judge the practices of a recruitment agency the employer is considering engaging; and
  • information about employers’ or employees’ liability for fees charged by recruitment agencies to the workers it places.

In addition, the website should provide an open forum in which employers can “meet” to pool resources and share experiences.

Recommendation 26

The Committee recommends that the Government of Canada produce simplified management guides enabling employers and recruiters to better understand the applicable standards, regulations and the administrative terms and conditions of the program, such as the prohibition to withhold personal documents, particularly passports and health cards of migrant workers.

Recommendation 27

The Committee recommends that the Government of Canada refer appropriate cases of abuse by recruitment agencies to law enforcement agencies, the Canadian Society of Immigration Consultants, or provincial law societies for prosecution or discipline under existing legal provisions, and that it encourage employers, workers and other stakeholders to do the same.

Recommendation 28

The Committee recommends that the Government of Canada establish monitoring teams to perform unannounced spot checks of working and housing conditions on temporary foreign worker job sites. Visits of the monitoring team could be requested by workers through a 1-800 number or via the internet. Possible infractions or unacceptable conditions should be reported to appropriate provincial authorities for further investigation and response. The Government of Canada would place a stay on removals for individuals involved in an ongoing investigation and/or with matters before the courts or other appropriate bodies.

Recommendation 29

The Committee recommends that the Government of Canada deny an employer future access to workers for a period of at least one year and for a period of five years in repeated or egregious cases if the employer violated provincial labour standards, the terms of (an) employment agreement(s) or provincial recruitment provisions.

Recommendation 30

The Committee recommends that the Employment Insurance Act be reviewed by the Finance Committee so that consideration be given to the exemption of temporary foreign workers and their employers from making contributions to employment insurance.

Recommendation 31

The Committee recommends that the Government of Canada conduct a review of the adequacy of workers’ compensation for temporary foreign workers and the barriers they and their families encounter in receiving full compensation. The review should include recommendations and a model statute that would address current deficiencies, if required.

Recommendation 32

The Committee recommends that the Government of Canada, through the Interim Federal Health Program, offer injured and/or sick temporary foreign workers a free medical exam before returning to their country of origin.

Recommendation 33

The Committee recommends that the Government of Canada create a web portal for people who were at one time temporary foreign workers in Canada. This web portal could include information on how to access benefits from outside of the country, including forms and contact information for the relevant government bodies.

Recommendation 34

The Committee recommends that the Government of Canada remove the requirement that individuals with certain work permits live with or on the premises of their employer.

Recommendation 35

The Committee recommends that, in respect of those employers who propose to house temporary foreign workers, the Government of Canada grant “hiring permits” only upon the employer undertaking to provide the worker(s) with access to basic phone service.

Recommendation 36

The Committee recommends that the Government of Canada include a housing section on the “hiring permit” application. The employer would need to indicate: 1. If housing will be provided; 2. If it includes telephone access.

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