issues: temporary foreign worker program
Our reccomendations
Canada’s Building Trades Unions is wholeheartedly supportive of immigration. The contribution of immigrants to Canada’s construction sector is incalculable. CBTU advocates for an immigration system that focuses on permanent and sustainable immigration that provides all newcomers with a path to permanent residence, citizenship, and full participation in Canada’s unionized construction sector as a prerequisite of any holistic immigration policy. We oppose all programs that do not provide a realistic pathway to citizenship for immigrants who come to Canada to help build our country.
Canada’s Building Trades Unions believes the Temporary Foreign Worker Program and non-permanent immigration pathways requires deep reform to protect both Canadian workers wages, and international workers rights.
our reccomendations
- Restoring the requirement in the Labour Market Impact Assessment (LMIA) forms for employers to consult local unions to determine whether or not domestic workers are available, and an attestation requirement that such a consultation occurred.
- Requiring the Government of Canada to set the wage standard in the LMIA process in accordance with the prevailing wage standard in the Income Tax Act, and eliminate the use of ESDC’s Job Bank as a benchmark for wage calculations for LMIAs in the construction sector.
- Providing a path to permanent residency for TFWs to grow a permanent skilled trades workforce, rather than relying on a revolving door of TFWs and allowing employers to suppress wages.
- Expanding the definition of ‘employer’ for the TFWP program to either include unions, or providing a multi-employer sponsorship model through union signatory joint contractor entities.
POLICY IN DEPTH
In Depth: TFWs and Wage Suppression
CBTU is opposed to the Temporary Foreign Worker Program (TFWP) under its current form. Independent studies conducted by researchers have found that the program suppresses wages of skilled trades workers, and contributes to a ‘revolving door’ of temporary workers, rather than permanently growing the skilled trades workforce. TWFP program changes since 2015 have seen large increases in the number of TFWs, the number of Labour Market Impact Assessments (LMIAs) being approved, and the overall approval rate of LMIA outpacing historical norms for due diligence.
Reforming the TFW Program requires directly addressing the challenges with the LMIA process – including the way in which ESDC calculates the prevailing wage. Undercalculated, suppressed wages allow employers to obtain LMIAs despite domestic workers being available, via job postings that attract no applicants, either due to intentionally advertised low wages or a lack of sufficient advertising, generally. Addressing the prevailing wage calculation can significantly remediate the ongoing issues with the TFW Program.
BC Building Trades recently released a comprehensive study on the ongoing challenges with this program, available on our reports page.
In Depth: International Mobility Program & Temporary Pathways
The International Mobility Program offers a range of work permits to support Canada’s economic interests, enabling employers to hire foreign workers without a Labour Market Impact Assessment (LMIA), thus streamlining the work permit process. Under the International Mobility Program, entries vary from professionals executing specific service contracts to youth working as tourists. Some visas under this program allow for the quick hiring of international workers while their permanent residency applications are processed.
The use of the International Mobility Program is growing in the construction sector. IMP entry has been used in the construction of the NextStar EV Battery Plant in Windsor, Ontario to provide entry not only to foreign management, but front-line construction workers.
The International Mobility Program was designed to accelerate the entry of individuals covered by existing trade agreements and treaties (CUSMA, European Union Free Trade Agreement, Canada-Korea Free Trade Agreement) and ought to be restricted to individuals performing treaty-specified work. However, evidence suggests that misclassification of workers and a lack of enforcement under the International Mobility Program is allowing foreign workers to arrive in Canada to perform work that they would not normally be legally permitted to obtain an entry for, under the treaties.
Canada’s Building Trades Unions makes the following recommendations on reform:
- The addition of safeguards within the International Mobility Program for applications by individuals who are intending to enter Canada under the program to perform skilled trades construction work, based on NOC TEER codes on their application.
- Increased enforcement and auditing by IRCC of International Mobility Program employers to verify that foreign workers are properly classified in the work they are performing, and that their work is restricted to those activities specified in the IMP authorization.
- Introducing a requirement to consult with local labour unions, including obtaining an attestation that the consultation has occurred, before an IMP application by an employer is granted with respect to NOC TEER codes relating to compulsory skilled trades workers.
