The Ontario Federation of Labour

Submission to The Ministry of Labour Consultation on Foreign and Resident Employment Recruitment

in Ontario


provincial authorities, any violations of employment agreements and provincial/territorial labour standards;

• The TFW program must have in place a progressive penalty system that will apply to all employers & brokers using the program. This system should include the potential of an appropriate jurisdictional regulatory or judicial body to apply fines and/or jail time for employers or brokers found to have violated labour law or administrative requirements of the TFW program.

Additional reforms measures must:

• provide a transparent, impartial appeal process and dispute resolution mechanism, available to all migrant workers prior to the deportation or repatriation of workers;

• remove mobility restrictions and allow migrant workers to live in accommodation of their choosing in Canada;

• eliminate requirements for migrant workers to live on their employer’s property and allow workers to change employers;

• remove residency requirements and assure full access to social benefits for migrant workers, including EI, maternity leave and healthcare;

• assure that all employment agreements under the various streams of the TFWP specify that: a) wages will be equal to those of locally recruited workers; b) workers will receive rest and meal breaks, and weekly rest periods; c) workers will be protected from unauthorized pay deductions; d) in the event of dismissal, workers will have access to the impartial appeal process and dispute resolution mechanism; and e) where dismissal is deemed unjust, workers will have the opportunity to change employers.

Canada’s aging population and low birth rates combined mean we must plan prudently to replenish our population and workforce via progressive immigration programs that favour permanent rather than temporary migration.  Additionally our migrant worker program must be seen as a tool that can support nation building and not singularly address employers’ demands for workers. Thus, live-in caregivers should be able apply for permanent residency upon arrival rather than be subject to the discriminatory and restrictive 24 in 36 month, employer dependent waiting period requirement.

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