STATEMENT- Attributable to Minister Mendicino
“Everyone has a right to work in an environment that is safe, healthy and free from abuse. Since
the very beginning of this pandemic, our government has taken important steps to protect the
health and safety of farm workers, who play a vital role in preserving Canada’s food security.
Recently we announced additional action to further reduce outbreaks on farms, and investments
to strengthen the Temporary Foreign Worker program to protect worker’s health and safety.
This pandemic has brought to light some unacceptable gaps in the program and we are
committed to fixing them. As the Prime Minister said, we need to reimagine our Temporary
Foreign Worker program and how we can better protect workers—and that includes considering
new pathways to permanent residence.
As of June 2019, a migrant worker with an employer-specific work permit may apply for an open
work permit if they are in an abusive situation with a Canadian employer. With the new open
work permit, the worker can look for new work immediately, with almost any employer, and
escape the situation.
We will continue working with provinces, partner countries, and workers and their advocates to
keep workers healthy and address the challenges they face.”
BACKGROUND

COVID 19 Measures
From the earliest days of the pandemic, we moved quickly to put protections in place to ensure
workers’ safety, and provided additional support and guidance to employers of temporary
foreign workers so they have the resources they need to uphold these public health
requirements. We continue to strengthen inspections and are committed to looking at additional
steps we can take in order to better protect workers’ health and safety. There are stiff penalties
for employers who do not comply.
New guidance was also given to officers for assessing these types of applications in the context
of the COVID-19 pandemic, including additional examples of what constitutes abuse and risk of
abuse. Examples of what constitutes abuse are available
here: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publicationsmanuals/operational-bulletins-manuals/temporary-residents/foreign-workers/vulnerableworkers.html#examples_of_abuse_risk.
In July, the government announced $58 million to take further steps to immediately improve
workers’ health and safety on farms this year. It will increase direct support to workers,
strengthen employer inspections, particularly on farms, and investments to improve workers’
living quarters. To support the response to the ongoing outbreak of COVID-19 cases amongst
temporary foreign workers in Windsor-Essex County, the Government of Canada is also
currently collaborating with the Canadian Red Cross and the Province of Ontario to set up
temporary housing for those affected in order to support them to self-isolate, in accordance with
public health guidance. This work is being advanced under the Government's previous
commitment to provide up to $100 million to the Canadian Red Cross to support additional relief
and recovery efforts this year related to COVID-19, floods and wildfires.

 Foreign workers have the same rights to workplace protections under applicable federal,
provincial and territorial employment standards and collective agreements as Canadians and
permanent residents. The Government of Canada makes information available to workers about
those rights:https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publicationsmanuals/temporary-foreign-workers-your-rights-protected.html .
Immigration, Refugees and Citizenship Canada (IRCC) has also recently launched a video that
helps explain the application process for the open work permit for vulnerable workers and is
available in 10 languages on the department’s YouTube
channel: https://www.youtube.com/watch?v=bUMXyeuhLUU&list=PLCA6jA0Tld_queCvX9oXxd
CJAxkgNdMnK

Provinces and territories are responsible for establishing health, labour and workplace safety
standards for all workers, including temporary foreign workers. In addition to contacting
provincial labour authorities, in situations where foreign workers are being mistreated, tips
should also be reported to Service Canada
(http://www.servicecanada.gc.ca/eng/about/integrity/online.shtml) and/or the Canada Border
Services Agency (http://www.cbsa-asfc.gc.ca/security-securite/bwl-lsf-eng.html).

Agri-Food Immigration Pilot
The Agri-Food Immigration Pilot will test a new, industry-specific approach to help address the
labour needs of the Canadian agri-food sector, particularly in meat processing and mushroom
production.
While immigration in the agricultural sector is largely based on seasonal workers, this pilot aims
to enhance the benefits of economic immigration to the agri-food sector by testing a new
pathway to permanent residence.
The pilot will seek to attract experienced, non-seasonal workers who can economically establish
in Canada, and who support the ongoing labour needs of the agri-food sector.
The Agri-Food Immigration Pilot began accepting applications on May 15, 2020, providing a
new federal pathway for permanent residence. For that reason, it is too soon to provide
statistics. The Pilot will last for a period of three years.
To be eligible to participate in the pilot, candidates must have:
·
12 months of full-time, non-seasonal Canadian work experience in the Temporary
Foreign Worker Program, in an eligible occupation in processing meat products, raising
livestock, or growing mushrooms or greenhouse crops
·
a Canadian Language Benchmark level 4 in English or French
·
an education at high school level or greater (Canadian equivalency)
·
an indeterminate job offer for full-time, non-seasonal work in Canada, outside of Quebec,
at or above the prevailing wage
More information about eligibility can be found here:https://www.canada.ca/en/immigrationrefugees-citizenship/services/immigrate-canada/agri-food-immigration-pilot/preligibility.html#experience

 For more information on this pilot, please see our
website:https://www.canada.ca/en/immigration-refugees-citizenship/services/immigratecanada/agri-food-immigration-pilot.html
Open Work Permit for Vulnerable Workers
Since June 2019, a foreign worker with an employer-specific work permit has been able to apply
for an open work permit if they are being mistreated by their current employer. The open work
permit allows them to almost immediately look for new work with a different employer.
To issue a work permit for this type of application, officers must have reasonable grounds to
believe that the migrant worker is experiencing abuse or is at risk of abuse in the context of their
employment in Canada. This standard requires something more than mere suspicion but less
than the ‘balance of probabilities’ standard applicable in civil matters. ‘Reasonable grounds’
exist where there is an objective basis for the belief that is based on compelling and credible
information.
When a foreign worker comes forward and is issued an open work permit under these
regulations, the employer that they have been working for will face a compliance inspection,
which can lead to a monetary penalty, a ban on hiring foreign workers and, when warranted,
further criminal investigation.
Officers will not contact an employer who has been implicated by a worker as part of the
worker’s application for an open work permit for vulnerable workers. The employer may only be
contacted later, as part of an inspection after a worker has already been approved for this type
of work permit.
Employment and Social Development Canada/Service Canada is the lead department for
inspecting the activities of employers using the Temporary Foreign Worker Program, which
includes the Seasonal Agricultural Worker Program and the Agricultural Stream. Please consult
ESDC for more information on inspections of agricultural employers media@hrsdc-rhdcc.gc.ca