CIMM Committee Report

SELECTED RECOMMENDATIONS FROM THE HOUSE OF COMMONS STANDING COMMITTEE ON CITIZENSHIP AND IMMIGRATION REPORT 7, TEMPORARY FOREIGN WORKERS AND NON-STATUS WORKERS, 40TH PARLIAMENT, 2ND SESSION

Recommendation 4

The Committee recommends that the Government of Canada provide for a possible one-year extension of the three-year period during which a live-in caregiver must complete 24 months of employment in order to be eligible to apply for permanent resident status, when there is a good reason the live-in caregiver did not complete the employment requirements within the initial three-year period.

Recommendation 5

The Committee recommends the implementation of the "Juana Tejada Law" which would exempt live-in caregivers from the second medical exam when they apply for permanent residence.

Recommendation 8

The Committee recommends that the Immigration and Refugee Protection Regulations be amended so that accompanying immediate family members of persons with a temporary work permit are automatically eligible for an open work permit.

Recommendation 16

The Committee recommends that the Government of Canada maintain, on a voluntary basis, a list of all employers who have received “hiring permits,” and that information from the list be available for use by unemployed temporary foreign workers in Canada, and those helping them, in identifying employers seeking to hire temporary foreign workers.

Recommendation 20

The Committee recommends that the Government of Canada discontinue making work permits of temporary foreign workers employer-specific, and that it make such work permits sector- and province-specific instead. Where there is a change of employers, employers should be able to claw-back the recruitment and associated costs from subsequent employers to earlier employers on a pro-rated basis.

Recommendation 21

The Committee recommends that the Government of Canada levy a fee on employers in connection with issuing “hiring permits” in order to fund a pool of money for emergency support of unemployed temporary foreign workers in Canada. It should also establish guidelines for disbursements from the pool.

Recommendation 22

The Committee recommends that the Government of Canada require each temporary foreign worker candidate to attend an in-person orientation session in his or her country of origin prior to the work permit being issued, and that NGO/non-profit settlement, counselling and advocacy agencies regularly provide input to the orientation session.

Recommendation 23

The Committee recommends that temporary foreign workers be required, within three months of their arrival, to meet with an accredited NGO to follow up on labour legislation compliance

Recommendation 24

The Committee recommends that the government take all necessary steps to inform workers abroad of the legal provisions regarding recruiters in the province in question.

Recommendation 26

The Committee recommends that the Government of Canada produce simplified management guides enabling employers and recruiters to better understand the applicable standards, regulations and the administrative terms and conditions of the program, such as the prohibition to withhold personal documents, particularly passports and health cards of migrant workers.

Recommendation 28

The Committee recommends that the Government of Canada establish monitoring teams to perform unannounced spot checks of working and housing conditions on temporary foreign worker job sites.  Visits of the monitoring team could be requested by workers through a 1-800 number or via the internet.  Possible infractions or unacceptable conditions should be reported to appropriate provincial authorities for further investigation and response.  The Government of Canada would place a stay on removals for individuals involved in an ongoing investigation and/or with matters before the courts or other appropriate bodies.

Recommendation 34

The Committee recommends that the Government of Canada remove the requirement that individuals with certain work permits live with or on the premises of their employer.