Temporary Foreign Worker Program splits provinces in fight for flexibility, provincial control

The next phase of Canada's Temporary Foreign Worker Program can begin with the comfortable knowledge that at least one province seems to have a handle on things from an oversight and enforcement standpoint.

After Employment Minister Jason Kenney announced changes to the embattled system last month, eyes will now shift to watch how the country's new "tougher" Temporary Foreign Worker Program will differ from its panned and abused predecessor, a battle that will play out on the provincial level.

And while some provinces seem hesitant and conflicted about how to address the new plan, others are poised to roll out the new system with little issue.

In June, Kenney announced tougher policies for using the program and harsher penalties against those who abuse them.

But while the program is organizes by the federal government, the provinces are actually responsible for enforcing the laws, with most employing a complaint-based investigation policy. Manitoba, it seems, handles that responsibility the best.

Where Manitoba differs from other provinces is the way it ensures oversight. Under its Worker Recruitment and Protection Act, businesses must register with the province to obtain a work permit for a temporary foreign worker. This, according to the Globe and Mail, allows a six-person team of investigators the ability to watch over users without having to sneak around.

“We know where the workers are and we put resources into going out and making sure those workers are being treated appropriately,” investigator Jay Short told the Globe. “We focus on the most vulnerable workers in Manitoba. That includes workers earning near the minimum wage, recent immigrants, young workers and temporary foreign workers.”

Kenney has previously credited Manitoba for leading the way, and the Globe and Mail reports he repeated the praise during a recent editorial board meeting, calling it a model for other provinces.

The Canadian Council for Refugees gave Manitoba top marks for its immigration protection, and the Manitoba chapter of the Canadian Centre for Policy Alternatives also calls the enforcement program a "model for other provinces."

While Manitoba may lead in preparedness, they are not alone. Nova Scotia has made strides to follow in the prairie province's footsteps, though it is calling for more flexibility in how the system rolls out in the province.

Other provinces appear even less excited. Alberta representatives are bristling at the changes. The booming province has the highest per-capita rate of companies using the program and would experience the worst growing pains while shifting to the new, stiffer system. The TFWP is not accessible in regions where unemployment is above six per cent and it is capped to 10 per cent of low-wage workforces, two measures that will hit Alberta hard.

Candidates vying for leadership of the province's Conservative party have criticized the federal Conservatives for implementing a "one-size fits all" solution.

“You don’t have be an expert on labour supply policies or immigration policies to realize that these policies are made to benefit Central Canada, and are very punitive to Western Canada,” Thomas Lukaszuk said, according to the Edmonton Journal.

Alberta MP Brian Storseth is also upset, telling the Globe that the province should be exempt from the program. He suggests that if TFW are blocked from entering Alberta, incentives should be made available to subsidize Canadians who are moving there from other provinces.

Among the provinces expected to be most affected by the changes is also Saskatchewan. Premier Brad Wall told CTV News he was "concerned" about the changes.

"We have a labour shortage here. First and foremost, we agree that Canadians have to have first crack at jobs. That being said, employers need to be able to operate their business," Wall said.

British Columbia also fears it could face a labour crunch under the new temporary foreign workers program. Notably, it was in British Columbia that some of the earliest and most notorious abuses of the old TFWP were located, which were among the reasons it was reformed in the first place.

The province's opposition NDP has been among the most vocal groups in calling for more provincial control over the program. They even called for the province to install the same program as Manitoba, which would give them more ability to prevent abuse.

“The federal government’s changes have still left British Columbians without assurance they will be hired first at a fair wage,” NDP labour critic Harry Bains said in a statement.

Improved oversight might not improve some province's view of the new system, but it does seem it would stop it from being abused again. And that could keep future changes at bay. Considering how Alberta, B.C. and Saskatchewan fared under the last round of amendments, they no doubt would prefer not to slide further down the scale.