Canada adopts new laws to protect foreign workers

The Canadian government will implement early next year new laws on hiring temporary foreign workers in a bid to enhance the protection accorded to foreign workers in Canada. Jason Kenney, Canada’s minister for citizenship, immigration and multiculturalism, explained over the weekend that the new laws, which aim to complement and reinforce Canada’s policies, would benefit foreign workers, especially caregivers.

The Philippines is Canada’s top source of caregivers.

Under the new laws, which will take effect on April 1, 2011, “employers will be assessed against their record of past compliance with applicable labor laws before they are given permission to hire a temporary foreign worker.”

“Employers found guilty of past abuses or exploitation of their employees will face sanctions and will be unable to access the Temporary Foreign Worker Program for up to two years,” Kenney said.

“These sanctions would, of course, be in addition to any repercussions they may face under provincial or territorial labor laws,” he added.

Names of employers who fail to keep the terms and agreements of their contract with their workers will also be published on Canada’s citizenship and immigration website.

Prospective foreign workers will have access to the list to warn them against unscrupulous employers, Kenney noted.

Permanent residency

The minister said that the new laws would also increase labor protection for Filipino workers under the Live-in Caregiver Program.

“As I’m sure you are aware, this program is very popular among Filipina workers coming to Canada. This program helps fulfill Canada’s caretaking needs for our young and elderly, and it provides new opportunities for those who come through the program,” he added.

Kenney said that the caregiver program provides a venue for foreign workers to secure permanent residency in Canada.

“Through this program, they can also bring their families and look forward to a bright future in our country,” he added.

Kenney, however, said that he is also aware that some caregivers are being exploited by “dishonest consultants or recruiters” who take money from the workers, or by employers who make them work against labor laws.

“This is completely unacceptable,” he stressed. “Most employers in Canada, of course, have their [foreign workers’] best interest at heart.”

Kenney said that the Canadian government recently made significant changes in the caregiver program.

Upon hearing stories about caregivers not being able to meet minimum requirements for permanent residence in Canada, the immigration minister added that the government extended the period allowed to gain work experience required to apply for permanent residence from three to four years.

Faster process

Also, live-in caregivers who work overtime can apply for permanent residence faster.

Kenney said that the Canadian government also eliminated the standard requirement for a second medical examination in applying for permanent residency.

He added that in the past, many caregivers were denied permanent residence because an illness was discovered in a medical examination even after they have completed the work for the work requirements under the caregiver program.

“This means that most caregivers’ applications for permanent residence will be based on the results of the medical exam they take before coming to Canada,” Kenney explained.

The new laws will also give additional protection to live-in caregivers by requiring employers to shoulder their employees’ travel costs, medical insurance, workplace safety insurance and any recruiting fees owed to third parties.

Top source

Canada is home to more than 450,000 people of Filipino descent.

The Philippines, along with China and India, has become one of the top source countries for Canada in terms of immigration.

Around 15,000 to 20,000 Filipinos come to Canada as permanent residents on an annual basis, on top of the thousands of Filipino workers from the Philippines, Hong Kong, Taiwan, Singapore and Saudi Arabia.

“The number of temporary workers arriving in Canada from the Philippines is unprecedented, and has increased from just over 2,000 workers 10 years ago to almost 20,000 by 2008,” Kenney said.

“The Philippines is, without a doubt, an important source of temporary workers for Canada. And while immigration plays a vital role in helping sustain Canada’s economic growth, we know that it plays an important role in helping to sustain the Philippines’ economy as well,” he added.

Last year, Canada was the second highest source of remittances—next to the United States—from overseas workers, statistics from the Bangko Sentral ng Pilipinas showed.

But in 2010, “each month of remittances from Canada is larger than the total annual amount remitted from Canada in 2005,” Kenney said.

Symbiotic relationship

The minister defined the relationship between Ottawa and Manila as “symbiotic” since it benefits both nations’ economies in different ways.

“Canada needs people and, beyond the remittances involved, overseas workers can also gain knowledge and develop new skills that they can contribute both to Canada and to the Philippines when they return home,” Kenney said.

He added that he met with President Benigno Aquino 3rd to discuss the important ties between the two countries, and also the significant role that immigration plays in the development of the Philippines and Canada.

Kenney also met with Philippine Secretary Rosalinda Baldoz to ensure better working conditions for Filipinos working at home and abroad. –BERNICE CAMILLE V. BAUZON REPORTER, Manila Times