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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 programs含羞草研究社 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 Surrey含羞草研究社檚 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 含羞草研究社 a numbered company 含羞草研究社 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 含羞草研究社減redatory practices involving temporary foreign workers and students, etcetera, they含羞草研究社檝e been talked about for a long time and it含羞草研究社檚 taken us longer than it should have to really start to grapple with this.含羞草研究社

He said there含羞草研究社檚 now 含羞草研究社渞eal discussions going on in Ottawa含羞草研究社 about the selling Labour Market Impact Assessments for 含羞草研究社渙utrageous amounts of money when they含羞草研究社檙e not to be sold. So there含羞草研究社檚 been a lot of gaming the system and my guess is the numbers that you saw in that report are low compared with what含羞草研究社檚 actually going on.含羞草研究社

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.

含羞草研究社淭his is all just the mutterings on the street you hear continuously about people abusing the system,含羞草研究社 Hardie told the Now-Leader. 含羞草研究社淛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 we含羞草研究社檙e talking about, and it含羞草研究社檚 mainly housing and the tax system and things like that.含羞草研究社

Surrey Board of Trade CEO Anita Huberman called the situation 含羞草研究社渃oncerning.含羞草研究社

含羞草研究社淚 was not aware of that,含羞草研究社 she told the Now-Leader on Friday, when told about the 48. 含羞草研究社淚含羞草研究社檝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 you含羞草研究社檙e speaking of.含羞草研究社

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. 含羞草研究社淚f it turns out to be true, they will give the opportunity to the employee to find another employer.含羞草研究社

The federal government, he added, has also changed the immigration consultants industry from being self-regulating to government-regulated. 含羞草研究社淭here含羞草研究社檚 repercussions and penalties含羞草研究社 Sarai said, 含羞草研究社渂ut all of these do require the employee to report, and to report the irregularities or criminal activity or abuse.含羞草研究社 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 含羞草研究社渋s the hardest part always.

含羞草研究社淚f the company doesn含羞草研究社檛 pay they usually are able to go after the directors of that company too, so I believe it is just a matter of time,含羞草研究社 he said.

含羞草研究社淭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 we含羞草研究社檙e always looking at different ways to plug those holes where abuse or misuse has taken place.含羞草研究社

Provincial Labour Minister Harry Bains, NDP MLA for Surrey-Newton, said his position has been 含羞草研究社 and always will be 含羞草研究社 that regardless of one含羞草研究社檚 immigration status or their arrangement is to work here, 含羞草研究社渆very worker must be paid and protected just like any other worker.

含羞草研究社淭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 don含羞草研究社檛 think I would ever stand for that,含羞草研究社 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.

含羞草研究社淪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,含羞草研究社 Bains explained, 含羞草研究社渢hat information then is shared with the federal counterparts so they can take action on their side.含羞草研究社

The provincial government then unregisters the employer and it wouldn含羞草研究社檛 be able to hire temporary foreign workers, Bains said, 含羞草研究社渂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.含羞草研究社

Bains said he含羞草研究社檚 aware of LMIAs or sponsorship letters being sold, 含羞草研究社渁nd they含羞草研究社檙e not supposed to be sold. I have asked my federal counterparts numerous times that there should not be that requirement.

If it含羞草研究社檚 known what sectors are facing a shortage, the labour minister said, 含羞草研究社渢hen why don含羞草研究社檛 we just issue work permits in that sector to those qualified who are applying to work here as a temporary foreign worker, then there含羞草研究社檚 no need for that letter which I含羞草研究社檓 told is being sold for a lot of money, which is illegal.含羞草研究社

含羞草研究社淎t the end of the day,含羞草研究社 Bains said of the federal government, 含羞草研究社渋t is their file, it含羞草研究社檚 their responsibility and we含羞草研究社檙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.含羞草研究社



About the Author: Tom Zytaruk

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