The repatriation is definitely a concern to us. What we call the just-in-time workforce is the what HRSDC calls hiring of foreign workers in occupations that usually require a high school diploma or job-specific training. I address some of the concerns that we have in regard to this new program, which is supposed to be under review. We've asked the minister for an opportunity to address some of our concerns around the low-skilled workers program, and there is a movement within the labour movement calling for some changes or a better process to deal with complaints around this low-skilled workers program.
I want to move to our recommendations. First, I would like to say that the United Nations declaration for migrant workers and their families has not been signed by Canada. It was a unanimous decision at our migrant worker conference that Canada sign this accord, and that we respect migrant workers and their families and the rights that they should have when they're in Canada.
The second point I want to make is that when we talk to the federal government they say that labour standards fall under provincial jurisdiction, and the feds can't tell the provinces what to do. And I say something I won't say right now.
We suggested to the Minister of HRDC, Jane Stewart, when she was around umpteen years ago--and since then we have not been able to meet with the Minister of HRSDC--that one of the ways we could implement national standards for these programs, whether it's the seasonal agricultural worker program or the foreign worker program, is to put some restraints on the foreign worker program. So if a province like Ontario does not provide the freedom to associate and bargain collectively, if there are not appropriate employment standards provisions, if there are not appropriate health and safety provisions provincially under that jurisdiction, then they cannot get these workers. It's that simple, and that's the way it should be.
The federal government is in charge of temporary work visas and the immigration process. It's very simple for them to put in a couple of clauses in that program and dictate to the provinces that if they don't have these basic provisions for human rights, which have been declared in international conventions, ILO conventions, United Nations declarations, these workers will not be sent to those provinces. You watch how fast the provinces would implement legislation to protect these workers. It would be amazing, and not difficult to do.
I'll leave it at that. But I want to make one final point. We ask a lot of questions about the general provisions of the Immigration and Refugee Protection Act, IRPA, and regulations require HRSDC to provide a full labour market opinion on the effects of bringing in temporary workers by considering the following factors: One, is the work likely to result in the direct creation or job retention of Canadian citizens or permanent residents? I seriously question that around the foreign worker program. Another question: Is the work likely to result in the creation of transfer of skills and knowledge for the benefit of Canadian citizens and permanent residents? Question: Is the work likely to fill a work shortage? Maybe. Then, will the wages and working conditions offered be sufficient to attract Canadian citizens or permanent residents to and retain them in that work? Has the employer made or agreed to make reasonable efforts to hire or train Canadian citizens or permanent residents? Will the employment of the foreign nationals be likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in that dispute?