Temporary Foreign Worker Program

Date: May 4, 2020

Classification: Unclassified

Branch/Agency: SPB/CBSA

Proposed Response:       

• Canada recognizes the important contributions that temporary foreign workers provide to the Canadian economy.
• In light of these important contributions, the prohibition orders provide exceptions to a number of temporary foreign workers.
• Of note, these workers, subject to certain exceptions, will be required to quarantine upon entry in accordance with the Mandatory Isolation Order, which was issued under the Quarantine Act.
• The CBSA has prepared for temporary foreign worker arrivals and there is sufficient capacity at designated airports to ensure that all workers are properly screened and referrals to PHAC are made, when appropriate. 
• Since April 1, 2020, the CBSA has processed 16,527 temporary work permits nationally without any issues, while respecting social distancing requirements.

Background:

The following information provides a summary of requirements for Temporary Foreign Workers and their employers. (https://www.canada.ca/en/employment-social-development/services/foreign-workers/employer-compliance/covid-faq.html)

General Requirements

• Like all travellers, workers will be screened prior to boarding an international flight to Canada. Workers who present with COVID-19 symptoms will not be allowed to travel
• Travellers must wear a non-medical mask or face-covering prior to boarding the plane in their country of origin, on the plane ride, when deplaning, and in transit to their quarantine destination
• Upon arrival in Canada, workers will be screened for COVID-19 symptoms and should ensure that they have the following information handy: (1) their final destination, (2) employer contact information, and (3) quarantine plan. The quarantine plan includes providing details on how the worker will get to their quarantine location, how they will obtain food and basic supplies, and assurance that they are not quarantining with anyone over the age of 65 or in a high-risk category. Workers are encouraged to get in contact with their employer prior to departure to finalize the quarantine plan details as may be asked to provide responses to these questions to the officer. If they are deemed to be asymptomatic (no symptoms), and meet entry requirements, they will be permitted to travel onwards, including via a connecting flight, to their housing where they must quarantine for 14 days
• If they have symptoms upon arrival, and do not have private transportation to an adequate place to isolate, they may be required to isolate for 14 days in a place designated by the Chief Public Health Officer of Canada. Once they have recovered, their admissibility to Canada will be assessed and, if applicable, they may be permitted to travel onwards to their final destination
• Pursuant to an Emergency Order under the Quarantine Act, most temporary foreign workers must quarantine for 14 days upon arrival
• There are, however, exemptions from the quarantine requirements for some groups, provided they have no COVID-19 symptoms. These include people who are deemed by the Chief Public Health Officer (CPHO) of Canada to provide an essential service because they:
  • are making necessary medical deliveries of cells, blood and blood products, tissues, organs, or other similar lifesaving human body parts, as required for patient care
  • work in the trade and transportation sector who are important for the movement of goods and people, including truck drivers, crew on any plane, train or marine vessel, and that cross the border while performing their duties, or for the purpose of performing their duties
  • cross the border regularly to go to work, including in the healthcare sector or critical infrastructure workers for the purpose of performing their duties; or
  • have to cross the border to provide or receive essential services, including emergency responders and personnel providing essential services to Canadians related to the COVID-19 outbreak
• Individuals exempt from quarantine requirements must follow the latest public health requirements including wearing a non-medical mask and physical distancing

Financial Support

• Temporary foreign workers are not eligible to receive the Canada Emergency Response Benefit (CERB) for the initial quarantine period upon arrival to Canada. If they do receive money through CERB during this initial quarantine period, they will be required to repay it later. Employers are responsible for paying their temporary foreign workers for a minimum 30 hours per week during quarantine, and at the hourly rate of pay specified on the Labour Market Impact Assessment and/or offer of employment. This is consistent with the TFW Program’s genuineness policy, which indicates that reasonable employment needs are a full time workload (for example, a minimum of 30 hours per week)
• Should a worker become ill at any time following the initial quarantine period, they may be eligible for government emergency benefits, such as the CERB.

Health Care Coverage

• Temporary foreign workers should receive coverage equivalent to other residents of Canada. For workers in the low-wage and primary agriculture streams, including the Seasonal Agricultural Worker Program, if provincial/territorial health care is not provided from the first day the worker arrives in Canada, equivalent private health insurance must be provided by the employer until the worker becomes eligible for the provincial/territorial plan
• In the current context, some private insurers may no longer cover COVID-19 related issues. Some provinces are waiving typical waiting periods for provincial coverage. The Government of Canada is continuing to assess the situation and will work with provinces and other partners to address gaps. In the meantime, existing employer obligations still apply

Employer Obligations:

• Employers must not prevent or inhibit workers from meeting their obligations under the Quarantine Act in any way
• Quarantine obligations require that workers go directly to their place of residence upon arrival in Canada, which includes not stopping to purchase food or any supplies. Therefore, the majority of workers coming into Canada will require assistance in arranging for food, medicine, and/or basic supplies. Employers are expected to facilitate this as required but are not expected to pay for it Costs for food, medication, basic supplies, or other necessities could be paid by the worker upon delivery, or through a payment plan. Any plan to cover costs should be mutually agreed upon between the employee and employer.
• For workers under the Seasonal Agricultural Worker Program (SAWP) typical employment contracts provisions remain in place which allow for workers to elect to cook their own meals or arrange for the employer to provide meals at the worker’s cost
• Amendments to the Immigration and Refugee Protection Regulations came into force April 20, 2020 and compel employers of temporary foreign workers to meet additional requirements, including:
  • Paying workers for the initial quarantine/isolation period upon entry into Canada
  • Not prevent a worker from meeting their requirements under orders made under the Quarantine Act and/or the Emergencies Act, as well as provincial/territorial public health laws related to COVID-19, and
  • Additional requirements for employers who provide accommodations to workers

Fines and Penalties for Non-Compliance

• With the exception of those deemed exempt by the Chief Public Health Officer of Canada temporary foreign workers entering Canada are subject to the requirements of the Quarantine Act, which includes mandatory quarantine. Penalties of up to $750,000 can be levied against a temporary foreign worker who violates this Order
• A person who causes a risk of imminent death or serious bodily harm to another person while willfully or recklessly contravening the Quarantine Act or associated regulations could be liable for a fine of up to $1,000,000 or to imprisonment of up to three years, or to both
• Under the Immigration and Refugee Protection Regulations, workers who are found to have failed to adhere to an isolation order could be found inadmissible, issued a removal order and barred from coming back to Canada for one year
• Employers are subject to inspection and those who do not comply with the requirements could be subject to penalties of up to $1 million and a ban from hiring foreign workers, depending on the seriousness of the situation and number of workers affected

Contacts:

Approved by: Calvin Christiansen, Director General, COVID-19 Task Force, Travellers Branch, [REDACTED]

Date modified:

2020-10-26