Federal ruling over alleged Temporary Foreign Worker Program violations raises compliance concerns for OHS professionals
An Amherst, N.S., pizzeria operator has been fined $126,000 and barred from hiring temporary foreign workers for two years after federal authorities found alleged non-compliance with multiple provisions of Canada’s Temporary Foreign Worker (TFW) Program.
The Government of Canada issued the penalties on Oct. 31 to Freddie’s Pizza — legally registered as Amherst Pizza and Donair Limited — following an investigation into the restaurant’s previous operator. CTV News reports that the decision includes “a two-year ban from hiring temporary foreign workers” in addition to the fine.
Current operator Ayman Nasr told CTV News he took over the Amherst location in July and said the enforcement action relates to conduct that occurred before his tenure. He added that the broader Freddie’s Pizza franchise was not implicated in the matter, stating the franchise “was not part of the investigation,” according to the report.
Citing information posted on the federal government’s website, the publication reports that the previous operator was found to have breached rules governing how foreign nationals were hired and recruited “in the province or territory where the foreign national worked.”
The government also concluded that pay or working conditions did not match those set out in the original offer of employment, or that the job itself “was not the same as what was listed in the offer.”
The investigation further determined the operator did not make sufficient efforts to ensure the workplace was free from physical, sexual, psychological or financial abuse.
The TFW Program allows Canadian employers to hire foreign workers to fill temporary jobs when qualified Canadians are not available.
This program is regulated through the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations and is administered in partnership with Immigration, Refugees and Citizenship Canada (IRCC) and the Canada Border Services Agency (CBSA).
Employment and Social Development Canada (ESDC), through its Service Canada processing centres, assesses applications from employers requesting permission to hire temporary foreign workers and conducts Labour Market Impact Assessments to determine the likely effect these workers would have on the Canadian labour market.
Previously, Amnesty International released a report detailing how Canada has implemented rules that lead to harsh working conditions for migrant workers.
“In its current design, Canada’s TFWP is inherently exploitative, in violation of Canada’s international obligation to respect, protect and fulfil the right to just and favourable conditions of work,” said Amnesty.
