VICTORIA – People coming to work in B.C. under the federal Temporary Foreign Worker Program will have better protection against exploitation and abuse as a result of new legislation that has been introduced.

“Workers coming to B.C. want to feel safe, confident their rights are protected, and that abusive employers will be held accountable,” said Harry Bains, Minister of Labour. “The exploitation of anyone working in our province runs against the values of British Columbians. We need to shut any door that allows recruiters or employers to wilfully ignore and abuse the rights of workers in this province.”

If passed by the legislature, the legislation will improve protection for workers and accountability of recruiters and employers by:

• requiring foreign worker recruiters to be licensed, and employers who recruit and hire temporary foreign workers to be registered.
• establishing criteria for issuing, refusing, suspending or cancelling a licence or registration.
• imposing tougher penalties for recruiters and employers who violate the legislation, including not just loss of licence or registration but financial penalties and possible jail time.
• allowing government to recover, and return to workers, any fees charged illegally by recruiters.
• creating two registries, one for foreign worker recruiters and one for employers, to hold both accountable for their actions and to improve government response to health, housing or other violations of B.C. laws. The registration will be a cost-free and simple online process for employers.

In 2017, the federal government issued approximately 47,620 work permits for foreign nationals destined for B.C., of which 16,865 were issued under the Temporary Foreign Worker Program. B.C. is second to only Ontario in terms of the number of work permits issued.

Once the legislation receives royal assent, the Ministry of Labour will take next steps to establish the foreign worker recruiter and employer registries.

Learn More:

To read the announcement in Punjabi, visit: https://news.gov.bc.ca/files/2018LB0017-002047Punjabi.pdf

To read the announcement in Chinese, visit: https://news.gov.bc.ca/files/2018LB0017-002047Chinese.pdf

To watch the announcement in English, visit: https://news.gov.bc.ca/files/TFW-Announcement-English.mp4

To watch the announcement in Punjabi, visit: https://news.gov.bc.ca/files/TFW-Announcement-Punjabi.mp4

A backgrounder follows.

Foreign workers come to B.C. to work through several federal programs, such as the Temporary Foreign Worker Program, the Seasonal Agricultural Worker Program (which is a sub-program within the Temporary Foreign Worker program) and the International Mobility Program.

These programs are intended to help employers to staff positions when no suitable Canadian workers are available. Oversight for these programs is the federal government’s responsibility, while ensuring employers adhere to employment laws is the responsibility of provincial governments.

The legislation will set out the rules governing the licensing of foreign-worker recruiters, the registration of employers, recruiter and employer obligations and overall administration and enforcement.

The proposed Temporary Foreign Worker Protection Act will:

• require recruiters of foreign workers to be licensed with the Province;
• require employers looking to hire foreign workers to be registered with the Province;
• prohibit unlicensed recruiters from recruiting, and unregistered employers  from hiring, foreign workers;
• require that a registry of licensed foreign worker recruiters and a registry of registered employers be established and maintained;
• prohibit foreign worker recruiters and employers from engaging in certain abusive practices, including charging fees for recruitment servicers or for employment, retaining a foreign worker’s passport or other official documents and misrepresenting employment opportunities; and,
• include regulation making authorities that will, among other things, allow government to exempt certain classes of employers from the registration requirement when it is satisfied that foreign workers in those categories are not subject to exploitation and abuse.

Having the registries in place will allow government to proactively investigate recruiters and employers of foreign workers, holding them accountable should violations occur.

Recruiters and employers who violate the legislation could lose their licence or registration, and will be subject to financial penalties and possibly jail time of up to one year. The proposed legislation will permit government to recover, and return to workers, fees charged illegally to workers by recruiters and employers to get jobs.

The legislation is intended to recognize the important role foreign workers have in B.C.’s growing economy. While most employers and recruiters are committed to treating foreign nationals fairly, there are some who require closer scrutiny and enforcement action.

Quick Facts:

• In 2017, there were 47,620 work permits issued for foreign workers destined for B.C. — 16,865 under the Temporary Foreign Worker Program and 30,755 under the International Mobility Program.
• Agriculture, forestry, fishing and hunting sectors account for nearly half of the Temporary Foreign Worker Program in B.C., with around 9,000 workers.
• The next largest sector is information and cultural industries, which accounts for 9%, or approximately 1,700 workers. This sector includes tech and film related occupations.
• The third largest sector is accommodation and food services (8%), followed by construction (6%) and manufacturing (5%).
• Under the Temporary Foreign Worker Program, 83% of work permit holders are in the Lower Mainland region, 5% are in the Thompson Okanagan region and 4% are in the Vancouver Island and coast region.