As mentioned above, recent reforms to the TFW Program saw the introduction of a confidential tip line to report abuse, more frequent inspections, as well as heftier fines and penalties for employers who violate program rules. Despite these measures, temporary foreign workers and their advocates appearing before the Committee indicated that there is evidence the current compliance regime is not as effective as originally intended and that, as a result, migrant workers continue to suffer from labour standards violations. The Canadian Bar Association has also identified areas of concern with respect to the compliance regime as it relates to employers, including lack of transparency and appropriate processes, as well as penalties that are not proportional to the harm.

After having conducted a series of interviews of current and former caregivers, Professor Tungohan found that migrant workers are not likely to report abuse through the tip line. She explained that because they are subject to employer-specific work permits, should the employer be found non-compliant and be banned from the TFW Program, migrant workers may lose their jobs and be asked to leave the country.[81]

Further, Mr. Wong noted that employers often become aware that a tip has been submitted and take steps towards silencing migrant workers prior to the inspection. He also indicated that inspections are less likely to be conducted in isolated communities due to financial constraints. For temporary foreign workers, he suggested, the only benefit derived from the tip line system is having the employer respect program rules, as there is no real dispute resolution mechanism in place. Recourse available through the provincial standards complaint system, for example, which could include compensation for wages owed, is not applicable in these circumstances. In addition, he advised that it can take up to six years to achieve some form of complaint resolution.[82]

Witnesses also identified loopholes in the monitoring and enforcement of measures in place to deter unscrupulous recruitment practices, noting that migrant workers continue to be at risk of arriving in Canada to find no job and are often indebted to recruiters. According to the British Columbia Federation of Labour, there exists an underground market of recruiters who charge migrant workers high fees to apply on their behalf and who often fail to accurately represent the nature of the work, details about the employer, or the number of jobs available in Canada.[83] In this regard, the Committee heard from Ericson Santos de Leon, a caregiver himself, who arrived in Canada to find that his recruiting agency had misrepresented the existence of an employer and thus found himself unemployed.[84]

Along with recommending the implementation of a more effective approach to enforcement and monitoring that does not rely on migrant workers to report abuse, witnessed called for greater pathways to permanent residency and open work permits for all workers. They also suggested migrant workers be provided with continued access to settlement services, as well as with greater information about their rights before and upon arrival, including access to the tip line.

Finally, noting the impact that tougher penalties can have on employers and the criminal justice system in general, the Canadian Bar Association called for greater transparency and clarity in the decision-making process, for more appropriate processes for employers to address a finding of non-compliance expeditiously, as well as for the reduction of penalties for non-compliance so that these are proportional to the harm that results from a breach of the program.[85]