Co-funded by the European Union

Canada: Enhanced labour inspection and financial support for employers in the agricultural sector

  • Employers of temporary foreign workers in Canada are required to comply with the Quarantine Act and respect the mandatory 14-day quarantine period upon entry in Canada
  • The quarantine period must be paid to employees. However, the government announced a financial support to employers up to CAD $1,500 per temporary foreign worker to cover employee pay during the mandatory quarantine period and other associated costs
  • The government enhanced labour inspection for employers in agriculture

Strong measures have been taken by several countries to avoid new outbreaks and secure the health and safety of seasonal and migrant workers.

The Canadian Quarantine Act (Emergency Order PC number 2020-0175 made under section 58 of the Quarantine Act) requires that any person entering Canada must self-isolate for a 14-day period upon entry into the country with some limited exceptions. This requirement applies to most temporary foreign workers.

Under the Immigration and Refugee Protection Regulations, employers employing temporary foreign workers are responsible for paying them for a minimum of 30 hours/week during the self-isolation period. Additional obligations include the provision of safe accommodations.

On 13 April 2020, the Government launched the “CAD $50 million Mandatory Isolation Support for Temporary Foreign Workers Program which provides farmers and food processors up to $1,500 per worker to help pay for the costs related to meeting the mandatory 14-day quarantine period. Eligible costs could include wages, food, benefits, transportation, housing, and other requirements to comply with the protocols under the Quarantine Act”. In addition to this funding, the Government announced on 31 July 2020 the provision of CAD$35 million to “help improve health and safety of workers on farms and in employee living quarters. These non-repayable contributions will be cost-shared 50:50 with employers to cover the costs of additional on-farm mitigation measures, including living quarters, improving the health and safety of all farm workers and limiting the spread of COVID-19”.

Moreover, the provision enhanced labour inspection, especially to comply with the terms of the Immigration and Refugee Protection Regulations. These regulations oblige employers to respect the Quarantine Act as well as other specific provincial and territorial regulations. Severe penalties are provided in case of failure to comply with these regulations, “including monetary penalties of up to a $1 million and bans from hiring foreign workers, up to a permanent ban, depending on the seriousness of the situation”. Inspection can be conducted with or without prior notice, based on a random selection of employers or in response to allegations received via a phone line or through an online portal or following the information received by federal/provincial government departments or external stakeholders, including Consulates.

The President of the Canadian Federation of Agriculture, Mary Robinson “greatly appreciates the announced funding to boost protections for temporary foreign workers across Canada. These measures will help ensure the safety of farm workers and will fund infrastructure improvements to living quarters needed due to COVID-19. Every farmer in Canada wants to keep their workers safe and healthy, and continue growing food for all of Canada”.