TY - GOVDOC T1 - Regulations Amending the Immigration and Refugee Protection Regulations N1 - The document is a government acknowledgement that the employer-specific work permit: 1) restricts ability to resign (liberty) 2) acts as a disincentive for the reporting of abuse (access to justice) 3) increases conditions under which risk of abuse could be higher (security of person) IS - 50 CY - Canada Gazette PB - Government of Canada N2 - REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Migrant workers are important to Canada’s economy by filling gaps in the Canadian labour market, enhancing trade, and increasing cultural links. Migrant workers on employer-specific work permits in Canada are only authorized to work for the employer named on their permit, making it inherently difficult for them to change jobs. To do so, they are required to change their work permit authorization, which can be both challenging and time consuming. While most employers are committed to proper treatment of their workers, the power imbalance created by this dynamic favours the employer and can result in a migrant worker enduring situations of misconduct, abuse or other forms of employer retribution. This is compounded by other factors including language barriers and the costs involved in navigating the complex legal recourse mechanisms available to them. To respond to these challenges, the Government of Canada has undertaken a thorough analysis of the advantages and disadvantages associated with employer-specific work permits. These work permits remain an important tool in Canada’s temporary labour migration management. Together with labour market tests, they enable labour market protection (ensuring employers seek to hire Canadians or permanent residents) and hold employers accountable by requiring them to abide by program conditions (e.g. wages, working conditions). However, the analysis also confirms some of the criticisms levelled at employer-specific work permits. Notably, this type of work permit creates some conditions under which risks of abuse could be higher. Among these conditions are the structural and financial barriers to mobility for migrant workers experiencing abuse, or at risk of abuse, related to their employment (e.g. by a business owner, a supervisor, a recruiter, or other party). Currently, migration officers do not have a distinct authority to issue new work permits to migrant workers in situations of potential or ongoing abuse. Should a migrant worker choose to come forward and report a situation of abuse to Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC), an inspection of their employer can be triggered, which may result in their employer being temporarily or permanently banned from hiring migrant workers. In the case of a ban, the work permits of all migrant workers working for that employer may be revoked, including the worker who provided the tip. In the absence of a valid work permit, a migrant worker faces financial pressure and potential removal from Canada, compromising the worker’s livelihood and legal status. These risks present a compelling incentive for migrant workers to hide their abuse from authorities. Since many individuals in these situations endure financial hardship, the fees associated with any new work permit also represent a genuine barrier to changing jobs. Migrant workers also fear reprisal from their employers or recruiters if they give voice to their experiences of abuse, which intensifies their propensity to stay in poor or abusive working conditions. All work permits issued under the Temporary Foreign Worker (TFW) Program are employer specific. Employer-specific work permit holders represented about 33% of migrant workers under the International Mobility Program (IMP). Y1 - 2018/// UR - http://www.gazette.gc.ca/rp-pr/p1/2018/2018-12-15/html/reg1-eng.html UR - http://www.gazette.gc.ca/rp-pr/p1/2018/2018-12-15/html/reg1-fra.html Y2 - 2019-02-13 VL - 152 ER -