Submission to The Ministry of Labour Consultation on Foreign and Resident Employment Recruitment
in Ontario
Up to 70% of agricultural workers return each year to work on Canadian farms due to the recruitment protocol used by farmers to hire specific workers they want to return to their operation each year. Recruitment of farm workers is administered by officials from sending countries and farmers name specific workers they want to hire from previous seasons. The process is known as ‘naming’ and at any given time, approximately 70% of workers return as “named” participants. Workers typically return for several seasons, the average stay being seven years. Some participants have been involved in the program for over twenty years. (Source: The Seasonal Agricultural Workers Program: Considerations for the Future of Farming and the Implications of Managed Migration Nelson Ferguson Concordia University, Our Diverse Cities: Rural Communities (Volume 3, Summer 2007).
Under the PNP provincial and territorial governments nominate foreign nationals for permanent immigration
Citizenship & Immigration Canada 2006 data tables.
Brazao, Dale and Cribb, Robert. (2009, March 14). ”Nannies trapped in Bogus Jobs”. The Toronto Star. Retrieved from http://www.thestar.com/article/602352
UFCW. (2008). UFCW annual status reports on migrant workers. Retrieved from
http://awa-ata.ca/wp-content/uploads/2008/10/2006-7-report-english.pdf and
http://awa-ata.ca/en/resources-for-agriculture-workers-and-others/ufcw-canada-resources-and-publications/. AWA. (2009, July). The Report. [Newsletter]. Retrieved from
http://awa-ata.ca/wp-content/uploads/2009/08/july09_awa_report_en.pdf
Telephone conversation w. R. McAllister, ComFact (telephone call taped)
CLC Case files – TFW abuses K. Flecker. (June 2007-08).
CLC / UFCW Canada respond to Citizenship and Immigration Standing Committee recommendations for change of Temporary Foreign Worker Program and non-status workers Retrieved from http://www.ufcw.ca/Theme/UFCW/files/PDF%202009/UFCW_CLC_JointStatementTFW.pdf
Citizenship & Immigration Canada. (2008, October). RDM, 21
Caregivers’ Action Centre, Workers’ Action Centre, and Parkdale Community Legal Services. (2009, July). Submission to the Ministry of Labour Consultation on Foreign and Resident Employment Recruitment in Ontario, p.8.
This would be an illegal deduction from wages under the ESA 2000, S. 13.
The Worker Recruitment and Protection Act, C.C.S.M., c.W197, Employment Services Act, C.C.S.M. c. E100, Employment Agencies Act, R.S.Y. 2002, c.71, Employment Standards Act, S.N.W.T. 2007, c.13, Employment Agencies Act, R.S.N.S. 1989, c.146, Fair Trading Act, R.S.A. 2000, c. F-2.
Caregivers’ Action Centre, Workers’ Action Centre, and Parkdale Community Legal Services. (2009, July). Submission to the Ministry of Labour Consultation on Foreign and Resident Employment Recruitment in Ontario, p.15.
Caregivers’ Action Centre, Workers’ Action Centre, and Parkdale Community Legal Services. (2009, July). Submission to the Ministry of Labour Consultation on Foreign and Resident Employment Recruitment in Ontario, p.15.
Fair Trading Act, A. Reg. 189/99. Employment Agency Business Licensing Regulation.
Alberta Federation of Labour. (2009, April). “Entrenching Exploitation”
Caregivers’ Action Centre, Workers’ Action Centre, and Parkdale Community Legal Services. (2009, July). Submission to the Ministry of Labour Consultation on Foreign and Resident Employment Recruitment in Ontario, p.17
Statistics Canada. (2008, May 7). Employment services industry. The Daily. [Bulletin]. Ottawa, Ontario: Author.
The Worker Recruitment and Protection Act, C.C.S.M. c. W197
For example, employers of workers under the Seasonal Agricultural Workers Program and Foreign Temporary Worker program must cover travel costs and employers of LCP and SAWP workers must provide accommodation. Provincial statutes contribute to the patchwork of regulation on how accommodation is regulated. Justice for Migrant Workers has documented many complaints from migrant workers in the SAWP program on sub-standard and dangerous housing conditions. Justice for Migrant Workers has called for improved regulation and more proactive enforcement of housing conditions.
Currently Employment standards officers can only issue fines for violation of the Act if the specific offence is listed in regulations.
Caregivers’ Action Centre, Workers’ Action Centre, and Parkdale Community Legal Services. (2009, July). Submission to the Ministry of Labour Consultation on Foreign and Resident Employment Recruitment in Ontario, p. 24.
Kuptsch, C. (2006). Merchants of Labour. Published by the International Labour Organization
The Worker Recruitment and Protection Act, C.C.S.M., c. W197.
ACSESS. (2009, June 26). Statistics Canada 2007 Employment Services Report validates temporary staffing industry as a significant economic indicator. [Press Release].
Statistics Canada. (2008, May 7). Employment services industry. The Daily. [Bulletin]. Ottawa, Ontario: Author.












