Trucking association executives say that a key component of the temporary foreign worker (TFW) program is being abused, with foreign workers paying tens of thousands of dollars for an opportunity to live and work in Canada, reports Leo Barros, of Trucknews.com.
“The Canadian Trucking Alliance on many occasions has seen unusual activity in our sector and irregularities when it comes to some carriers and the number of approved LMIAs [Labour Market Impact Assessments] they have,” Stephen Laskowski, president of the Canadian Trucking Alliance (CTA) and Ontario Trucking Association, told the magazine.
“In some cases, we can see some companies with huge numbers of approved LMIAs in proportion to their fleet size. This should be an obvious red flag for authorities that draws questions as to why more drivers are required than trucks registered to the fleets.”
When an employer is unable to find an employee – a Canadian or permanent resident – with a particular job skill for their business, they can file a LMIA application with Employment and Social Development Canada (ESDC) to hire a foreign worker.
“An LMIA administered by the [TFW] program assesses many factors to ensure the protection of both the Canadian labour market and foreign workers,” said Mila Roy, from ESDC’s media relations office.
The ESDC official noted that sectors identified as high risk for LMIA fraud receive an enhanced assessment to validate the employer’s business operations and the human resource needs.
An immigration consultant based in Brampton, Ont., called the program meant to help businesses and the economy grow “a toolbox for abuse.”
Manan Gupta, president of Skylake Immigration told TruckNews.com that visitors to Canada often buy an LMIA through unethical consultants and employers, converting their visitor visas into work permits.
Gupta has heard of people paying up to $60,000 for a LMIA in Ontario. The prices vary by province.
Aaron Dolyniuk, executive director of the Manitoba Trucking Association (MTA), said his organization is concerned about abuses taking place and urged government action.
“Complaints include people being charged for work permits, paid less, much less than minimum wage, indentured servitude and forced work, fear of being deported and fired and jeopardizing their status in Canada,” he said.
Robert Harper, president of Alberta Motor Transport Association (AMTA), said the AMTA has found LMIAs issued to companies with no employees. “We’ve phoned them and asked if they are hiring and they’ve said they are not,” he said.
“We’ve heard anecdotally of people who have been abused. People who have paid for LMIAs. People are being threatened to not report abuse, not only here but in their country of origin
Gupta noted, “Some employers creatively show a shortage of labor, and try to prove that they are not able to find workers in Canada. They post advertisements on job websites and even on the government’s Job Bank site.”
The ESDC operates a confidential tip line offering services in more than 200 languages and an online reporting tool. If criminal activity is suspected, the information is forwarded to law enforcement agencies like the Canada Border Services Agency and/or the Royal Canadian Mounted Police
Laskowski said the CTA has long championed the need for more vetting for participating companies and for the introduction of a mandatory trusted employer program for the trucking sector.
Gupta reiterated Laskowski’s comments saying only certain carriers should be allowed to apply for LMIAs. Those with shady records and CVORs should not be allowed to do so.
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