CHARLOTTETOWN, P.E.I. — After a decade of advocacy from the Cooper Institute, the P.E.I. government is moving to improve labour protections for temporary foreign workers in farmers’ fields, fish plants and other workplaces.
Earlier this month, Economic Growth Minister Matthew MacKay tabled a bill in the P.E.I. legislature aimed at providing better protection for migrant workers from exploitative practices of overseas recruiting agencies.
A 2012 Cooper Institute report called for the establishment of a registry of employers of temporary foreign workers on P.E.I. and the implementation of a licensing regime for recruiting companies or individuals who attract workers to P.E.I. These would allow the provincial government to better track and regulate recruiters and employers.
These provisions have been included in the province’s newly tabled bill.
The bill also sets out penalties for recruiters and employers who violate the rights of workers. Recruiters who charge fees from workers, a practice prohibited under the Federal Temporary Foreign Worker Program, could face fines of as much as $5,000 for individuals or $25,000 for corporations. An online registry of licensed recruiters will be public; a registry of employers that hire temporary foreign workers is not expected to be public, provincial staff said.
Members of the Cooper Institute have heard several stories of recruiters illegally charging workers thousands of dollars in fees for access to jobs in Canada.
"This is one of the biggest things, I think – the fees and dealing with people who aren't above board in terms of recruitment," said Eliza MacLauchlan, a support staff member of the Migrant Worker Project.
"I think it comes down to a big power imbalance,” said Fallon Mawhinney, co-ordinator of the Migrant Worker Project.
“Someone doesn't travel halfway around the world to come and work in a fish plant unless someone is really desperate for funds to support their family."
Temporary foreign workers in P.E.I. technically have the same rights as other workers. However, migrant worker advocates have long argued that few speak out about working conditions or about illegal recruiting fees as they depend on their employer for their work permit.
Nevertheless, Mawhinney said the tabling of the legislation is a welcome sign.
“The fact that it's actually happening is something I think is really worth celebrating. Recruitment is one of the biggest areas of fraud," she said.
Mawhinney and MacLauchlan believe about 1,300 temporary foreign workers arrived on P.E.I. over the last year, mostly to work in agriculture or in seafood processing plants. Most arrive from Mexico, the Caribbean, Guatemala, the Philippines or China.
Avenues for temporary workers to become permanent residents are limited; only 15 transitioned to permanent residency in P.E.I. in 2020, according to federal data.
Fay Faraday, a social justice lawyer and professor at Toronto’s Osgoode Hall Law School, said it is common for temporary foreign workers in Canada to pay between $4,000 and $14,000 to recruiters.
"They come with this massive debt and with predatory interest rates attached to that debt and serious threats for failing to repay it," Faraday said.
Manitoba, Nova Scotia, Saskatchewan and B.C. have put in place legislation similar to P.E.I.’s proposed bill.
But Faraday said a long-term fix for exploitation of temporary foreign workers would require the federal government to grant permanent residency status upon arrival.
"What you need is permanent immigration. And having a temporary, exploitable labour force is not the way to build a sustainable community," she said.
Jerry Gavin, executive director of the P.E.I. Seafood Processors Association, said his members largely support the province’s new bill. He said many fish plants do their own recruiting; some rely on family connections of existing immigrant communities in P.E.I.
He said he is not hearing examples of mistreatment of workers. But he said it was important for workers to become permanent residents, particularly for small communities like Tignish or Alberton.
“Some of our temporary foreign workers are now moving over and becoming permanent residents. I think that says a lot about the job and it says a lot about the conditions of the job,” Gavin said.
“It's good for rural development. They're buying cars, they're buying groceries. They're buying houses."
Faraday said P.E.I.’s legislation is a positive step. But she said the penalties for exploitative recruiters are too low. She also said decision makers should not expect workers to report unscrupulous practices from recruiters or employers, as this places all the risk at the feet of workers.
"Whether this legislation ultimately is effective will depend on it being enforced proactively and on there being serious resources put into that enforcement," she said.
Patricia MacPhail, director of labour and industrial relations with the Department of Economic Growth, Tourism and Culture, said the legislation allows for pro-active investigations but said details were an operational matter.
“The more important aspect is co-ordinating with other agencies who oversee labour matters," she said.
MacKay said he has asked occupational health and safety whether more staff will be needed to enforce the new bill.
"They did say they have enough resources to do this,” he said.
“But it could be subject to change."
The bill is expected to be debated in the legislature this week.
Stu Neatby is the political reporter for The Guardian. [email protected] @stu_neatby