New Canadian Legislation Limits How Long Temps Can Stay In Canada

New Canadian legislation limits how long temps can stay in Canada

By Stephanie Dearing.
Digital Journal
October 10, 2009

Potential Canadian employers who might want to bring in help from outside the country now have new legislation to adhere to. The legislation is a move by the government to protect temporary foreign workers, who are often reportedly taken advantage of.

Proposed by Immigration Minister, Jason Kenney, the new legislation will see Canadians punished for abusing the rights of temporary foreign workers. Kenney has proposed that people who withhold wages, make people work for too many hours, or force employees to work in unsafe environments will face restrictions. In a press release issued Friday, Kenney said

“Temporary foreign workers play an important role in the Canadian economy. We have a duty to them, employers and all Canadians, to ensure that the program is fair and equitable.

Kenney has proposed that offending employers be banned from hiring foreign temps for two years, as well as having their names published on the Citizenship and Immigration website. Kenney also proposed that temporary foreign workers face restrictions on how long they can work in Canada, allowing them to work inside Canada for four years of work, then required to stay out of Canada for six years to be eligible to work in the country again.

Canada has already come under fire this past year for requiring some travellers to have a visa. Canada has been tightening up its immigration policies over the past few years, making it tougher for people to qualify for immigration. Temporary foreign workers are used in the country to “… help address skill and labour shortages.”

According to Citizenship and Immigration Canada,

“Canadian laws protect every worker in Canada. This includes temporary foreign workers like you. Your employer: must pay you for your work; must make sure that your workplace is safe and; cannot take your passport or work permit away from you.”

On Saturday a rally was held by temporary foreign workers in Edmonton Alberta to draw attention to the plight of the temps. They would like to have more rights in Canada, and also to have a chance to apply for citizenship. Alberta's boom has meant that the number of temporary foreign workers has grown in that province, with over 37,000 foreign temp workers in 2007.

A recent CBC investigation revealed abuses experienced by four Filipino workers who worked for one family in Saskatchewan and Manitoba. The four claim they had to pay a recruiting agency thousands of dollars to get their assignment, pay their own airfare, and were docked wages to pay for rent. Many provinces lack laws to protect temporary foreign workers.

The plight of the temporary foreign worker is similar around the world. The International Chemical, Energy and Mining Workers' Federation (ICEM) has been actively campaigning for stronger rights for temporary workers.

“Each year, more and more directly employed jobs are lost to sub-contracting companies or agencies, which usually employ workers with little or no job security, inferior benefits, and with substandard working conditions. This is leading to a two-tier workforce with less and less directly employed workers, and increasing numbers employed through contracts or agencies.”

The ICEM says that the number of temporary (agency) employees worldwide has doubled in the ten year period between 1996 and 2006.

“Each year, more and more directly employed jobs are lost to sub-contracting companies or agencies, which usually employ workers with little or no job security, inferior benefits, and with substandard working conditions. This is leading to a two-tier workforce with less and less directly employed workers, and increasing numbers employed through contracts or agencies.”

The President of the Canadian Auto Workers' Union, Ken Lewenza has said

“When stable full-time jobs are replaced by insecure part-time or contract positions, it undermines both the economy and society in general.”

Canadian unions have been lobbying the government of Canada to protect temporary foreign workers.

While there have been many publicized cases of allegations against Canadian employers, there has been very little prosecution.