The temporary foreign worker program requires some minor tweak to ensure that there is no abuse and that the type of workers coming to Canada are truly required by the economy and that they remain tied to their employers for the purposes and time that they were brought into the country, ant that it acts as a path to immigration for some but not all foreign workers. The program does not require a suspension of major overhaul. If the federal government is truly concerned about competition against Canadians, it should stop or reduce granting open Work Permits in the International Experience Class that allow unemployed youth in other countries to apply for any jobs in Canada. That is different from the regular program where the employee remains tied to one employer for the duration of the permit. Here Is a good opinion piece from the National Post:
http://business.financialpost.com/2014/05/22/temporary-foreign-workers-canada-expansion/
Showing posts with label Canada immigration temporary foreign workers. Show all posts
Showing posts with label Canada immigration temporary foreign workers. Show all posts
Friday, May 23, 2014
Thursday, June 13, 2013
SERGIO R. KARAS QUOTED IN GLOBE AND MAIL ON FOREIGN WORKER PROGRAM CHANGES
Warrantless workplace searches raise concerns from businesses - The Globe and Mail
June 11, 2013
June 11, 2013
Warrantless workplace searches raise concerns from businesses
By STEVEN CHASE, RICHARD BLACKWELL AND TAVIA GRANT
Posted with permission from The Globe and Mail
Posted with permission from The Globe and Mail
Canada's largest business group says it's disturbed by new warrantless search and seizure powers the Harper government has given federal officials to inspect thousands of workplaces as part of a tightening of the controversial foreign temporary worker program
Canada's largest business group says it's disturbed by new warrantless search and seizure powers the Harper government has given federal officials to inspect thousands of workplaces as part of a tightening of the controversial foreign temporary worker program.
Changes to immigration and refugee protection regulations, published just days ago, give Human Resources and Skills Development Canada officials or Citizenship and Immigration Canada officers the right to walk in on businesses as part of a random audit or because they suspect fraud.
Perrin Beatty, president of the Canadian Chamber of Commerce, said this was the first he'd heard of this new authority. "I'm obviously very concerned about it. These seem to be very sweeping powers to be giving to the authorities without the sort of checks and balances that are necessary to ensure they are not abused," Mr. Beatty said. "We certainly support enhancing the ability of the government to identify people who are genuinely fraudulent. The question is: Should a public servant at a desk somewhere have the capacity to decide capriciously to simply go into a business without a warrant ... and in some cases to seize documents, without having to go to a court to seek authorization and to demonstrate there is probable cause?"
But not all companies share Mr. Beatty's concern. At Bombardier Inc.'s aerospace division in Montreal, which uses about 400 temporary foreign workers out of a work force of 20,800, "audits actually a very normal part of any process with any kind of government [program]," said spokeswoman Haley Dunne. "We are comfortable with them and quite open to them," she said.
Upon entering a property, officials will have wide powers of investigation. They will be able to "examine anything on the premises," question employers and staff, request documents, use photocopiers to copy records, and take photographs or make video and audio recordings. They can also take records with them.
The Canadian Chamber of Commerce represents 450 local chambers across the country that in turn represent 200,000 businesses.
The new rules bring businesses relying on temporary foreign workers under similar inspection regimes to ones used in regulated industries where health or environmental audits are conducted. The Charter of Rights and Freedoms protects people and businesses from unreasonable search and seizure, which generally means the government cannot enter private property without a warrant. But courts often allow warrantless inspections of regulated businesses, lawyers say.
Jay Myers, president of Canadian Manufacturers & Exporters, says his concern is rather how frequently HRSDC and immigration inspectors will be conducting random audits of businesses.
"If inspectors are going out to do a lot of random audits and inspections, it's really going to be a cost for companies that are otherwise obeying the rules of the program," Mr. Myers said.
"We really need to know more about what the plans are."
He said he hopes this doesn't represent an effort by Ottawa to further discourage use of the temporary foreign worker program.
"If this is being used as a method to get employers not to use the temporary foreign workers program and it becomes an overly costly compliance requirement for companies, then we really do have a problem."
Hundreds of thousands of foreign workers came to Canada in 2011 – more than double the levels of a decade ago. They are being used to fill positions in fields from fast-food to information technology to agriculture.
The new regulations come just months after the Conservative government reversed course on the temporary foreign worker program with measures to make it tougher, and less economically attractive, to import short-term labour.
Francis McGuire, CEO of Major Drilling Group International Inc. of Moncton, said he feels warrantless inspections may be necessary, because of the possibility of abuses in the temporary foreign worker program.
"It is extremely important for labour inspectors to pop in and make sure that people aren't being exploited," he said.
While there is legitimate concern that government officials may get "bureaucratic and sticky," there are instances where random audits are necessary, said Mr. McGuire, whose company has used temporary foreign workers in the past. "You hate to think that any Canadian employer might be exploiting people, but it does happen. ... and it has got to be policed. They have to come in and take a look, and they can't be announced."
Sergio Karas, a Toronto-based immigration lawyer, said warrantless search and seizures are a misstep. "I'm outraged and so are my corporate clients," Mr. Karas said. "What are they going to do [next]? Install listening devices now in businesses?"
Better options would have been limiting smaller businesses from accessing the program, reducing the number of years a foreign worker can stay in Canada, and ensuring temporary foreign workers pay payroll taxes while they're working in Canada, he said.
"It's true the system has been abused, but you need to understand who's been abusing the system. The people who have been abusing the labour market opinions are the mom-and-pop shops, typically in the construction industry, or the small employers who want to bring their brother-in-law from India or from Portugal."
Changes to immigration and refugee protection regulations, published just days ago, give Human Resources and Skills Development Canada officials or Citizenship and Immigration Canada officers the right to walk in on businesses as part of a random audit or because they suspect fraud.
Perrin Beatty, president of the Canadian Chamber of Commerce, said this was the first he'd heard of this new authority. "I'm obviously very concerned about it. These seem to be very sweeping powers to be giving to the authorities without the sort of checks and balances that are necessary to ensure they are not abused," Mr. Beatty said. "We certainly support enhancing the ability of the government to identify people who are genuinely fraudulent. The question is: Should a public servant at a desk somewhere have the capacity to decide capriciously to simply go into a business without a warrant ... and in some cases to seize documents, without having to go to a court to seek authorization and to demonstrate there is probable cause?"
But not all companies share Mr. Beatty's concern. At Bombardier Inc.'s aerospace division in Montreal, which uses about 400 temporary foreign workers out of a work force of 20,800, "audits actually a very normal part of any process with any kind of government [program]," said spokeswoman Haley Dunne. "We are comfortable with them and quite open to them," she said.
Upon entering a property, officials will have wide powers of investigation. They will be able to "examine anything on the premises," question employers and staff, request documents, use photocopiers to copy records, and take photographs or make video and audio recordings. They can also take records with them.
The Canadian Chamber of Commerce represents 450 local chambers across the country that in turn represent 200,000 businesses.
The new rules bring businesses relying on temporary foreign workers under similar inspection regimes to ones used in regulated industries where health or environmental audits are conducted. The Charter of Rights and Freedoms protects people and businesses from unreasonable search and seizure, which generally means the government cannot enter private property without a warrant. But courts often allow warrantless inspections of regulated businesses, lawyers say.
Jay Myers, president of Canadian Manufacturers & Exporters, says his concern is rather how frequently HRSDC and immigration inspectors will be conducting random audits of businesses.
"If inspectors are going out to do a lot of random audits and inspections, it's really going to be a cost for companies that are otherwise obeying the rules of the program," Mr. Myers said.
"We really need to know more about what the plans are."
He said he hopes this doesn't represent an effort by Ottawa to further discourage use of the temporary foreign worker program.
"If this is being used as a method to get employers not to use the temporary foreign workers program and it becomes an overly costly compliance requirement for companies, then we really do have a problem."
Hundreds of thousands of foreign workers came to Canada in 2011 – more than double the levels of a decade ago. They are being used to fill positions in fields from fast-food to information technology to agriculture.
The new regulations come just months after the Conservative government reversed course on the temporary foreign worker program with measures to make it tougher, and less economically attractive, to import short-term labour.
Francis McGuire, CEO of Major Drilling Group International Inc. of Moncton, said he feels warrantless inspections may be necessary, because of the possibility of abuses in the temporary foreign worker program.
"It is extremely important for labour inspectors to pop in and make sure that people aren't being exploited," he said.
While there is legitimate concern that government officials may get "bureaucratic and sticky," there are instances where random audits are necessary, said Mr. McGuire, whose company has used temporary foreign workers in the past. "You hate to think that any Canadian employer might be exploiting people, but it does happen. ... and it has got to be policed. They have to come in and take a look, and they can't be announced."
Sergio Karas, a Toronto-based immigration lawyer, said warrantless search and seizures are a misstep. "I'm outraged and so are my corporate clients," Mr. Karas said. "What are they going to do [next]? Install listening devices now in businesses?"
Better options would have been limiting smaller businesses from accessing the program, reducing the number of years a foreign worker can stay in Canada, and ensuring temporary foreign workers pay payroll taxes while they're working in Canada, he said.
"It's true the system has been abused, but you need to understand who's been abusing the system. The people who have been abusing the labour market opinions are the mom-and-pop shops, typically in the construction industry, or the small employers who want to bring their brother-in-law from India or from Portugal."
Wednesday, June 12, 2013
SERGIO R. KARAS QUOTED IN GLOBE AND MAIL EDITORIAL ON TEMPORARY FOREIGN WORKERS
A heavy-handed approach to the temporary foreign workers program - The Globe and Mail
Globe editorial
A heavy-handed approach to the temporary foreign workers program
Tuesday, April 30, 2013
SERGIO R. KARAS QUOTED IN GLOBE AND MAIL FOREIGN WORKER PROGRAM CHANGES
Employers fear red-tape snarl from foreign worker rule changes - The Globe and Mail
April 30, 2013
April 30, 2013
Employers fear red-tape snarl from foreign worker rule changes
By TAVIA GRANT, RICHARD BLACKWELL AND BERTRAND MAROTTE
Some employers feel delays and difficulties bringing in workers and higher costs will hamper the ability to fill positions
The federal government's changes to its temporary worker program have sparked concern that red tape will lead to missed business opportunities.
The worry among some employers and immigration experts is that delays and difficulties bringing in workers along with higher costs will hamper the ability of firms to fill positions, particularly in areas where workers are hard to find such as remote locations in the Prairies. That in turn will stunt the ability for businesses to grow, which could eventually jeopardize Canadian jobs, they say.
"Simply asking employers to spend more time looking for non-existent workers in Canada before approving their use of temporary foreign workers is not only short-sighted, but could have disastrous economic consequences," said Michael Atkinson, president of the Canadian Construction Association in a release.
Still, not all employers are hitting the panic button. Some who use temporary foreign workers say the reforms will have little impact on their businesses.
The government reversed course on its expanded temporary worker program on Monday, announcing it will suspend the accelerated labour market opinion, which had sped up the process of bringing in workers, crack down on abuses, add a fee and end the 15-per-cent wage rule, which allowed employers to pay foreign workers less than the average under some circumstances.
The program had been expanded, with nearly half a million foreign workers coming to Canada in 2011, more than double levels of a decade earlier and is now being used in a range of sectors, from restaurants and hotels to factories and banks. Employers say its use is essential to fill positions Canadians can't or won't do, while some economists and labour groups say it has displaced some Canadian workers, hurt wage growth and dampened efforts to train workers.
Some immigration experts are concerned a one-size-fits-all will harm aspects of the program that were working well.
"They should use a scalpel and not a sledge hammer," said Sergio Karas, a Toronto-based immigration lawyer. Employers that were abusing the system should be penalized, and introducing a fee is fair. However, "it's a blunt instrument."
He's particularly concerned about the impact on multinational companies doing work in Canada, who rely on the expertise of foreign workers to do short-term projects. Without the ability to bring in those workers, some may decide it's not worth the hassle of bidding on contracts.
Not all employers who used the program are concerned. Charles Dutil, president of semitrailer manufacturer Manac Inc. in St-Georges, Que. says the changes won't make much difference to his operations.
The elimination of the measure allowing employers to pay foreign workers up to 15 per cent less than the prevailing wage doesn't change things for him because the 15 welders – mostly from Costa Rica – he employs earn the same pay as permanent workers doing the same work, said Mr. Dutil.
The foreign employees at Manac were hired to work the less desirable shifts on Friday evenings and weekends, he said.
Claude Breton, spokesman for National Bank of Canada said it sees "no impact" because they recruit via provincial agency Montreal International in IT area and pay the foreign people with the skills they can't find here the same as their regular employees. The bank has only hired about 20 over the past 5 years or so.
In Calgary, Howard Lutley, CEO of oil sands developer SilverWillow Energy Corp., said his company does not directly use the foreign worker program, but it is used by the outside construction contractors that fill positions on SilverWillow's projects.
For those contractors, the new rules will likely make recruiting a little more difficult "but I don't think it is a show stopper," Mr. Lutley said.
He said the oil sands industry already works very hard to hire and train Canadians whenever possible, and companies try to hire foreign workers only when there is a short-term skills gap.
Some professional groups welcomed the reforms. The Air Canada Pilots Association, which has long been worried about the impact of program on workers in its sector, said it applauds the changes.
"The temporary foreign worker program cannot and should not be used by airlines as an ongoing subsidy from government used to gain a commercial advantage over their competitors through the avoidance of training costs," said president Craig Blandford . "These operators must be required to make more extensive efforts to hire Canadians before they bring in foreign-licenced pilots."
The Canadian Federation of Independent Business said it will fight the changes. Smaller businesses could face "devastating consequences" from the government clampdown on the program, said Mr. Kelly.
"Small restaurants and hotels in rural Alberta and Saskatchewan are going to pay the price for problems that are at the large corporate level, and that seems deeply unfair," he said.
He's blunt about the impact stricter rules would bring: hindering the ability of some businesses to operate (especially those in Saskatchewan and Alberta, where worker shortages are most acute) that would ultimately cause some firms to close and axe Canadian jobs.
A survey this month found half of its members in Western Canada have had to ignore new business opportunities because they don't have the staff to take advantage of growth opportunities. He calls it a "short-sighted" and "very disappointing" move.
By his estimates, it already costs employers between $5,000 and $10,000 to bring in one temporary foreign worker (including return air fare). Rather than raise fees or make hiring a TFW more difficult, he suggests changes to make it easier for a temporary foreign worker to become a permanent resident.
The worry among some employers and immigration experts is that delays and difficulties bringing in workers along with higher costs will hamper the ability of firms to fill positions, particularly in areas where workers are hard to find such as remote locations in the Prairies. That in turn will stunt the ability for businesses to grow, which could eventually jeopardize Canadian jobs, they say.
"Simply asking employers to spend more time looking for non-existent workers in Canada before approving their use of temporary foreign workers is not only short-sighted, but could have disastrous economic consequences," said Michael Atkinson, president of the Canadian Construction Association in a release.
Still, not all employers are hitting the panic button. Some who use temporary foreign workers say the reforms will have little impact on their businesses.
The government reversed course on its expanded temporary worker program on Monday, announcing it will suspend the accelerated labour market opinion, which had sped up the process of bringing in workers, crack down on abuses, add a fee and end the 15-per-cent wage rule, which allowed employers to pay foreign workers less than the average under some circumstances.
The program had been expanded, with nearly half a million foreign workers coming to Canada in 2011, more than double levels of a decade earlier and is now being used in a range of sectors, from restaurants and hotels to factories and banks. Employers say its use is essential to fill positions Canadians can't or won't do, while some economists and labour groups say it has displaced some Canadian workers, hurt wage growth and dampened efforts to train workers.
Some immigration experts are concerned a one-size-fits-all will harm aspects of the program that were working well.
"They should use a scalpel and not a sledge hammer," said Sergio Karas, a Toronto-based immigration lawyer. Employers that were abusing the system should be penalized, and introducing a fee is fair. However, "it's a blunt instrument."
He's particularly concerned about the impact on multinational companies doing work in Canada, who rely on the expertise of foreign workers to do short-term projects. Without the ability to bring in those workers, some may decide it's not worth the hassle of bidding on contracts.
Not all employers who used the program are concerned. Charles Dutil, president of semitrailer manufacturer Manac Inc. in St-Georges, Que. says the changes won't make much difference to his operations.
The elimination of the measure allowing employers to pay foreign workers up to 15 per cent less than the prevailing wage doesn't change things for him because the 15 welders – mostly from Costa Rica – he employs earn the same pay as permanent workers doing the same work, said Mr. Dutil.
The foreign employees at Manac were hired to work the less desirable shifts on Friday evenings and weekends, he said.
Claude Breton, spokesman for National Bank of Canada said it sees "no impact" because they recruit via provincial agency Montreal International in IT area and pay the foreign people with the skills they can't find here the same as their regular employees. The bank has only hired about 20 over the past 5 years or so.
In Calgary, Howard Lutley, CEO of oil sands developer SilverWillow Energy Corp., said his company does not directly use the foreign worker program, but it is used by the outside construction contractors that fill positions on SilverWillow's projects.
For those contractors, the new rules will likely make recruiting a little more difficult "but I don't think it is a show stopper," Mr. Lutley said.
He said the oil sands industry already works very hard to hire and train Canadians whenever possible, and companies try to hire foreign workers only when there is a short-term skills gap.
Some professional groups welcomed the reforms. The Air Canada Pilots Association, which has long been worried about the impact of program on workers in its sector, said it applauds the changes.
"The temporary foreign worker program cannot and should not be used by airlines as an ongoing subsidy from government used to gain a commercial advantage over their competitors through the avoidance of training costs," said president Craig Blandford . "These operators must be required to make more extensive efforts to hire Canadians before they bring in foreign-licenced pilots."
The Canadian Federation of Independent Business said it will fight the changes. Smaller businesses could face "devastating consequences" from the government clampdown on the program, said Mr. Kelly.
"Small restaurants and hotels in rural Alberta and Saskatchewan are going to pay the price for problems that are at the large corporate level, and that seems deeply unfair," he said.
He's blunt about the impact stricter rules would bring: hindering the ability of some businesses to operate (especially those in Saskatchewan and Alberta, where worker shortages are most acute) that would ultimately cause some firms to close and axe Canadian jobs.
A survey this month found half of its members in Western Canada have had to ignore new business opportunities because they don't have the staff to take advantage of growth opportunities. He calls it a "short-sighted" and "very disappointing" move.
By his estimates, it already costs employers between $5,000 and $10,000 to bring in one temporary foreign worker (including return air fare). Rather than raise fees or make hiring a TFW more difficult, he suggests changes to make it easier for a temporary foreign worker to become a permanent resident.
Monday, April 29, 2013
Thursday, April 18, 2013
Tuesday, April 9, 2013
RBC CEO LETTER TO STAFF IN TEMPORARY FOREIGN WORKER CONTROVERSY
I do not think RBC will be hiring any temporary Foreign Workers any time soon. This is a PR disaster.
RBC CEO Gord Nixon's letter to staff regarding temporary foreign workers - The Globe and Mail
RBC CEO Gord Nixon's letter to staff regarding temporary foreign workers - The Globe and Mail
RBC EMBROILED IN TEMPORARY FOREIGN WORKER CONTROVERSY
The bank is in the limelight due to a third party supplier using foreign workers from India while laying off Canadians.
RBC foreign workers uproar all an unfortunate misunderstanding | FP Street | News | Financial Post
RBC foreign workers uproar all an unfortunate misunderstanding | FP Street | News | Financial Post
Saturday, June 30, 2012
Monday, March 21, 2011
CANADA - NOVA SCOTIA AGREEMENT ON FOREIGN WORKERS
Canada and Nova Scotia to Work Together on Temporary Foreign Workers
Citizenship and Immigration Canada
Mar 20, 2011 14:00 ETCanada and Nova Scotia to Work Together on Temporary Foreign Workers
OTTAWA, ONTARIO--(Marketwire - March 20, 2011) - Temporary foreign workers in Nova Scotia will be better protected as a result of an agreement between Canada and Nova Scotia that gives the province a role in managing the Temporary Foreign Worker Program.
"Temporary foreign workers make a key contribution to the Canadian economy and we are taking the necessary steps to protect them from exploitation," said Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism. "We are ensuring that temporary foreign workers are treated with respect, with agreements such as this, and with the new regulations that take effect nationwide on April 1."
The agreement, an annex to the Agreement for Canada-Nova Scotia Cooperation on Immigration, provides a framework for closer co-operation between the two governments to better educate employers and potential workers about their rights and responsibilities.
"The Government of Nova Scotia has a central role in protecting workers, including temporary foreign workers, from mistreatment, and this agreement formally recognizes that role," added Minister Kenney.
Nova Scotia will also have a greater role in helping employers access the labour and skills they need, and will be able to recommend the entry of some temporary foreign workers without requiring an assessment of whether there are Canadians or permanent residents available to fill the vacant positions.
"This agreement is an important step in making the program more responsive to Nova Scotia's particular labour needs," added Diane Finley, Minister of Human Resources and Skills Development.
"Attracting temporary international workers to Nova Scotia will help ensure there is enough skilled labour available for our businesses and industries," said Marilyn More, Nova Scotia Minister of Labour and Advanced Education and Minister of Immigration. "Temporary international workers have technical skills and international contacts our companies and communities need in order to remain innovative, productive and competitive, the key priorities outlined in the Government of Nova Scotia's jobsHere plan to grow the economy."
The Temporary Foreign Worker Program is driven by employer demand and aimed at filling identified labour shortages when sufficient, suitable Canadian workers or permanent residents are not available. For more on the regulations that take effect on April 1, 2011, please see the news release of August 18, 2010.
Citizenship and Immigration Canada
Mar 20, 2011 14:00 ETCanada and Nova Scotia to Work Together on Temporary Foreign Workers
OTTAWA, ONTARIO--(Marketwire - March 20, 2011) - Temporary foreign workers in Nova Scotia will be better protected as a result of an agreement between Canada and Nova Scotia that gives the province a role in managing the Temporary Foreign Worker Program.
"Temporary foreign workers make a key contribution to the Canadian economy and we are taking the necessary steps to protect them from exploitation," said Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism. "We are ensuring that temporary foreign workers are treated with respect, with agreements such as this, and with the new regulations that take effect nationwide on April 1."
The agreement, an annex to the Agreement for Canada-Nova Scotia Cooperation on Immigration, provides a framework for closer co-operation between the two governments to better educate employers and potential workers about their rights and responsibilities.
"The Government of Nova Scotia has a central role in protecting workers, including temporary foreign workers, from mistreatment, and this agreement formally recognizes that role," added Minister Kenney.
Nova Scotia will also have a greater role in helping employers access the labour and skills they need, and will be able to recommend the entry of some temporary foreign workers without requiring an assessment of whether there are Canadians or permanent residents available to fill the vacant positions.
"This agreement is an important step in making the program more responsive to Nova Scotia's particular labour needs," added Diane Finley, Minister of Human Resources and Skills Development.
"Attracting temporary international workers to Nova Scotia will help ensure there is enough skilled labour available for our businesses and industries," said Marilyn More, Nova Scotia Minister of Labour and Advanced Education and Minister of Immigration. "Temporary international workers have technical skills and international contacts our companies and communities need in order to remain innovative, productive and competitive, the key priorities outlined in the Government of Nova Scotia's jobsHere plan to grow the economy."
The Temporary Foreign Worker Program is driven by employer demand and aimed at filling identified labour shortages when sufficient, suitable Canadian workers or permanent residents are not available. For more on the regulations that take effect on April 1, 2011, please see the news release of August 18, 2010.
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