Evidence of meeting #83 for Citizenship and Immigration in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was employers.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Elizabeth Kwan  Senior Researcher, Canadian Labour Congress
Santiago Escobar  National Representative, United Food and Commercial Workers Union Canada, Canadian Labour Congress
Elias Anavisca  Migrant Worker, Canadian Labour Congress
Gabriela Ramo  Chair, National Immigration Law Section, The Canadian Bar Association
Peggy Brekveld  Chair, Canadian Agricultural Human Resource Council
Paul Doyon  Senior Vice-President General, Union des producteurs agricoles
Clerk of the Committee  Mr. Keelan Buck
Denis Roy  Responsible for the Temporary Foreign Worker File, Union des producteurs agricoles

4:30 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Mr. Anavisca, you have about 35 to 40 seconds.

4:30 p.m.

Migrant Worker, Canadian Labour Congress

Elias Anavisca

[Witness spoke in Spanish, interpreted as follows:]

Thank you, Chair.

If we were given an opportunity to get these open work permits, we wouldn't be subjected to a specific employer and wouldn't be put at risk of being abused. We are given extra work all the time and are not very well paid. We've been mistreated and abused. If we had an open work permit, we'd have an opportunity, as our colleague here said, to find a better job and work better with better living conditions.

4:30 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

We will now go to the honourable member Madam Kwan for two and half minutes.

Please go ahead.

4:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Thank you very much.

I was going to ask Mr. Anavisca whether there is anything specific that he would like to ask of the government.

Beyond the open work permit piece, is there anything you would like to ask the government to take action on?

4:30 p.m.

Migrant Worker, Canadian Labour Congress

Elias Anavisca

[Witness spoke in Spanish, interpreted as follows:]

In addition to the open work permit, we would like an opportunity to get PR, permanent residency. That would be a great addition. Of course, through the unions.... For example, I was helped by UFCW. They helped me throughout this process to get PR.

I was given a permit, but then it was denied. For five years, I've been struggling and struggling to find permanent residency. I haven't had any specifics for that and I'm still fighting to get it.

4:30 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Canada used to have an immigration stream that brought in the full range of workers. I don't like the terms “low skill” or “high skill” particularly. They are all important workers. As we learned through the COVID period, those so-called low-skill workers were essential workers.

Should Canada be bringing back an immigration stream that gives landed status for the full range of workers? If they did that, would it not address some of the situations the rapporteur calls “contemporary slavery” here in Canada for migrant workers?

Very quickly, that's for Ms. Kwan and then Mr. Escobar.

4:35 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Madam Kwan and Mr. Escobar, you have about 35 seconds.

4:35 p.m.

Senior Researcher, Canadian Labour Congress

Elizabeth Kwan

I would say yes to that question. In fact, we have been saying to the government that it should create those streams because there is currently an exclusion of so-called low-wage people who are interested in immigrating to Canada. They still have to come up with that.

4:35 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you.

Go ahead, Mr. Escobar.

4:35 p.m.

National Representative, United Food and Commercial Workers Union Canada, Canadian Labour Congress

Santiago Escobar

As you said, honourable member Kwan, during the COVID pandemic, we were able to acknowledge, finally, the hard work of these men and women, who have been coming to Canada under the temporary.... It is not temporary anymore because it has already been going on for over 60 years. I think it's time to give these workers what they deserve.

I met some of the workers who have come to Canada over the last four decades. They don't qualify to obtain PR, so I think it's time to give justice to these workers and provide a flexible path to PR. As I said before, it's a win-win for all parties involved.

4:35 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you.

I want to thank the witnesses, on behalf of all members and myself as the chair, for their appearances and contributions.

The meeting is suspended for the next round.

4:50 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

I'll call the meeting to order.

I would like to welcome Mr. Perron and Mr. Leslie to the meeting.

Before we go to the witnesses, I want to thank honourable members for the way we handled the last panel. The way we did it was perfect because it helped the interpreters. If we continue to point our questions to a particular person, that will really help.

I'm pleased to welcome the following witnesses. From the Canadian Agricultural Human Resource Council, we have Peggy Brekveld, and from UPA, we have Paul Doyon and Denis Roy. You will each have five minutes for your opening statement.

Please go ahead, Ms. Brekveld.

4:50 p.m.

Peggy Brekveld Chair, Canadian Agricultural Human Resource Council

Thank you, Mr. Chair and members of the committee, for the invitation to participate in this study.

My name is Peggy Brekveld, and I'm the chair of the board of the Canadian Agricultural Human Resource Council. My comments today will focus on the value of temporary foreign workers to the Canadian agriculture industry.

4:50 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

I'm sorry to interrupt you, Madam Brekveld, but the interpretation is not working and we must fix this somehow.

The meeting is suspended.

4:50 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

I'll call the meeting back to order.

We will go to the witnesses from UPA.

Between the two of you, Mr. Doyon and Mr. Roy, you have five minutes for your opening statement. Please go ahead.

4:50 p.m.

Paul Doyon Senior Vice-President General, Union des producteurs agricoles

Thank you, Mr. Chair.

My name is Paul Doyon, and I am the senior vice-president of the Union des producteurs agricoles, or UPA. I am also a dairy and maple producer. I am joined by Denis Roy, an immigration consultant at the UPA.

The recent release by the United Nations special rapporteur, Mr. Obokata, was what triggered the committee's study. Since the UPA is directly affected by the temporary foreign workers program in Quebec, we would have liked to be invited to speak with the rapporteur.

Five years ago, the UPA set up a round table on temporary foreign agricultural workers in Quebec. It brought together representatives of employers and workers, along with representatives of all the government departments and agencies involved, at both the federal and the provincial level. Its mission was very simple: to ensure the success of the programs for employers, workers and their families.

These people are essential to Canadians' food security. The stability and protection of the workforce on our farms is therefore crucial. In Quebec, employer representatives, community groups, government bodies and the consulates of the workers' countries of origin make sure that workers have all the information they need in order to be able to work with dignity and in full compliance with the laws and respect for their rights. The UPA has signed a cooperation agreement with a workers' advocacy group to be able to respond rapidly if a problem arises.

The United Nations rapporteur does not seem to have been familiar with the type of work permit provided for by the seasonal agricultural worker program. It is a type of open work permit that is unique in Canada, under which the worker may get hired at a different employer authorized by a specific labour market impact assessment, or LMIA. The change of employer can happen very quickly, in less than a week, even, where there is urgency. The UPA has long called for this type of open permit to be applied to temporary foreign workers in agriculture.

As the UN press release says, government processing times are too long. Today, it takes 27 weeks for Immigration, Refugees and Citizenship Canada, or IRCC, to process an application by a worker who is in Canada and is requesting a new permit. The government services have to be improved, simplified and accelerated. That is why we are recommending that Service Canada process LMIA applications in five days.

IRCC itself should automate the issuance of work permits in Canada that are similar to the permits obtained by the applicants, and issue them in less than five days. This would mean that a person would be able to change jobs in two weeks. If those times had been in place, Canada would have avoided a large share of the complaints cited by the UN.

Subsection 207.1(1) of the Immigration and Refugee Protection Regulations provides for an open work permit for a vulnerable worker, but that measure is not widely known. To facilitate access to permits, IRCC should sign an agreement with Service Canada so that workers could file their application at Service Canada offices, given that it has 591 points of service in the country while IRCC has only 22. We would add that each permit application by a vulnerable worker should trigger a serious investigation into the allegations made so that there would be consequences for the wrongdoer.

We also want to convey some concerns regarding open permits, other than the ones under the seasonal agricultural worker program. The most important is that an open work permit does not tell us what the employer's name is. If the employer is not known, it becomes impossible to do inspections to make sure that the workers are not being exploited.

As well, it would not be proper for a person to enter the country to work in agriculture when their true intention is to work in another field. The work permit must circumscribe the occupational field corresponding to the skills of the temporary foreign workers. We support workforce mobility, as long as it is planned and circumscribed.

Bringing a foreign worker here is a long process for which the employer has to incur substantial outlays. The employment contracts signed by the employer and the worker are always for a fixed time period. However, if a worker leaves their job for no reason before the contract ends, the employer has to at least be able to obtain compensation from the new employer or the worker. Then an accelerated mechanism has to be set in motion to replace the worker who left their job.

In conclusion, we are asking the federal government to accelerate the processing of LMIA and work permit applications in Canada, make the possibility of an emergency permit for vulnerable workers known, work with the provinces on inspecting employers of foreign workers, and make sure—

4:55 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Mr. Doyon, could you stop there, please? You've already had your five minutes.

4:55 p.m.

Senior Vice-President General, Union des producteurs agricoles

Paul Doyon

Right.

Thank you.

4:55 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you.

Now we'll go to Madam Brekveld.

Madam Brekveld, you have five minutes. Go ahead, please.

4:55 p.m.

Chair, Canadian Agricultural Human Resource Council

Peggy Brekveld

Mr. Chair and members of the committee, thank you for the invitation to participate in this study.

My name is Peggy Brekveld, and I am the chair of the board of the Canadian Agricultural Human Resource Council. My comments today will focus on the value of temporary foreign workers to the Canadian agriculture industry.

The Canadian Agricultural Human Resource Council, or CAHRC, has been examining the workforce needs of the Canadian agriculture system for more than 15 years.

4:55 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Hold on, Madam Brekveld.

Mr. Perron, go ahead.

4:55 p.m.

Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

I just want you to know that the interpreters are telling me that the sound quality is not adequate. They have the text, so they are going to read the presentation. However, for the question period, that may not be possible.

5 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Thank you.

We will carry on with the statement, and then we will figure it out when we get to the questions and answers. She might be able to submit answers in writing if we need her to.

Madam Brekveld, we will go back to you. You still have four minutes—

5 p.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Chair, before you go back to the witness, could we just get clarity with respect to the problem with the sound? Is it because the witness does not have the right headset? What seems to be the source of the problem?

5 p.m.

Liberal

The Chair Liberal Sukh Dhaliwal

Let me pass this to the clerk.

Mr. Clerk, do you want to respond?