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48 Surrey businesses fined collective $914K for breaking foreign worker rules

Of these fines levied over the past eight years, more than half listed as unpaid
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A federal government website indicates Surrey businesses have reaped a collective 22 years in bans on hiring temporary workers. (Photo: Mark Stebnicki/Pexels)

Forty-eight Surrey businesses have been fined a collective $914,000 over the past eight years for non-compliance with or , with $473,250 in those fines listed as unpaid.

The federal programssa国际传媒 purpose, under the umbrella of Immigration and Citizenship Canada, is to oversee the hiring of temporary workers and set out conditions employers must abide by. Inspections are done in an effort to ensure compliance.

Eight numbered companies are among Surreysa国际传媒檚 48, which includes construction, trucking, agriculture, restaurants, importing, security, a private elementary school, automotive, and labour services are among them.

All told, penalties have been levied against between 2016 and 2024.

The highest penalty applied to a Surrey business sa国际传媒 a numbered company sa国际传媒 was a $129,000 fine plus a one-year ban. The lowest fine was $500.

The also indicates Surrey businesses have reaped a collective 22 years in bans on hiring temporary workers.

Ken Hardie, Liberal MP for Fleetwood-Port Kells, said sa国际传媒減redatory practices involving temporary foreign workers and students, etcetera, theysa国际传媒檝e been talked about for a long time and itsa国际传媒檚 taken us longer than it should have to really start to grapple with this.sa国际传媒

He said theresa国际传媒檚 now sa国际传媒渞eal discussions going on in Ottawasa国际传媒 about the selling Labour Market Impact Assessments for sa国际传媒渙utrageous amounts of money when theysa国际传媒檙e not to be sold. So theresa国际传媒檚 been a lot of gaming the system and my guess is the numbers that you saw in that report are low compared with whatsa国际传媒檚 actually going on.sa国际传媒

An LMIA is a document an employer requires before hiring a foreign worker, with a positive LMIA indicating a need exists for a foreign worker to fill a job.

sa国际传媒淭his is all just the mutterings on the street you hear continuously about people abusing the system,sa国际传媒 Hardie told the Now-Leader. sa国际传媒淛ust in the last couple of days I saw some action on the LMIAs but that said, we have a lot on our plate right now that wesa国际传媒檙e talking about, and itsa国际传媒檚 mainly housing and the tax system and things like that.sa国际传媒

Surrey Board of Trade CEO Anita Huberman called the situation sa国际传媒渃oncerning.sa国际传媒

sa国际传媒淚 was not aware of that,sa国际传媒 she told the Now-Leader on Friday, when told about the 48. sa国际传媒淚sa国际传媒檝e had recent conversations with the federal government on the temporary foreign worker program. There are industries such as the agriculture sector, some of the Indian sweets shops, the manufacturers that require temporary foreign workers, there is a move to modify legislation for TFWs (temporary foreign workers) and further consultation with the private sector but I was not aware of the severity of the situation that yousa国际传媒檙e speaking of.sa国际传媒

Randeep Sarai, Liberal MP for Surrey Centre, said the government has made it easier for employees who are not being paid or not getting a job after they arrive to report this to the Canada Border Services Agency which will then provide them with an open work permit while it investigates. sa国际传媒淚f it turns out to be true, they will give the opportunity to the employee to find another employer.sa国际传媒

The federal government, he added, has also changed the immigration consultants industry from being self-regulating to government-regulated. sa国际传媒淭heresa国际传媒檚 repercussions and penaltiessa国际传媒 Sarai said, sa国际传媒渂ut all of these do require the employee to report, and to report the irregularities or criminal activity or abuse.sa国际传媒 Employment Standards also does audits to confirm if employers are actually employing these workers.

As for unpaid fines Sarai, who is also a lawyer, noted that getting a judgment is one thing but collecting on it sa国际传媒渋s the hardest part always.

sa国际传媒淚f the company doesnsa国际传媒檛 pay they usually are able to go after the directors of that company too, so I believe it is just a matter of time,sa国际传媒 he said.

sa国际传媒淭he program overall is a fairly effective program and does really well, but there is a small amount of abuse that does happen and we probably need to do more and wesa国际传媒檙e always looking at different ways to plug those holes where abuse or misuse has taken place.sa国际传媒

Provincial Labour Minister Harry Bains, NDP MLA for Surrey-Newton, said his position has been sa国际传媒 and always will be sa国际传媒 that regardless of onesa国际传媒檚 immigration status or their arrangement is to work here, sa国际传媒渆very worker must be paid and protected just like any other worker.

sa国际传媒淭hese are the few who take advantage by cheating their workers and cheating their competitors, which is not the right thing to do and I donsa国际传媒檛 think I would ever stand for that,sa国际传媒 Bains said. The NDP government, when it was first formed, brought in the Temporary Foreign Worker Protection Act requiring that employers to register the employees and that all recruiters must be licensed if they are to recruit for an employer within B.C., he added.

sa国际传媒淪o what happens when a complaint comes to the Employment Standards branch about an employer who may not be complying with the laws, and if the Employment Standards Branch finds them in violation,sa国际传媒 Bains explained, sa国际传媒渢hat information then is shared with the federal counterparts so they can take action on their side.sa国际传媒

The provincial government then unregisters the employer and it wouldnsa国际传媒檛 be able to hire temporary foreign workers, Bains said, sa国际传媒渂ecause the federal government requires them to be registered with us as well. If they are not registered with us they will not be able to hire a temporary foreign worker going forward, period.sa国际传媒

Bains said hesa国际传媒檚 aware of LMIAs or sponsorship letters being sold, sa国际传媒渁nd theysa国际传媒檙e not supposed to be sold. I have asked my federal counterparts numerous times that there should not be that requirement.

If itsa国际传媒檚 known what sectors are facing a shortage, the labour minister said, sa国际传媒渢hen why donsa国际传媒檛 we just issue work permits in that sector to those qualified who are applying to work here as a temporary foreign worker, then theresa国际传媒檚 no need for that letter which Isa国际传媒檓 told is being sold for a lot of money, which is illegal.sa国际传媒

sa国际传媒淎t the end of the day,sa国际传媒 Bains said of the federal government, sa国际传媒渋t is their file, itsa国际传媒檚 their responsibility and wesa国际传媒檙e doing everything we can at the provincial level, through the Temporary Foreign Worker Protection Act, but if there are areas of loopholes and gaps that some bad actors are using to make a lot of money on the backs of the temporary foreign workers, then we should close those gaps.sa国际传媒



About the Author: Tom Zytaruk

I write unvarnished opinion columns and unbiased news reports for the Surrey Now-Leader.
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