TPP - the TFW Program on steroids

The Human Resources Committee, HUMA - 6 Libs, 3 Cons, and 1 NDP - released its report on the Temporary Foreign Worker Program yesterday, after a month of hearing from 43 witnesses as varied as Lululemon and the Migrant Mothers Project.

Industry complaints initiated the study. The committee was asked to find a balance between employers desperate for TFWs for jobs they are unable to fill with Canadians and the rights of workers.  

I looked up a few of those desperate employers on various Canadian job search sites. If they're not desperate enough to be advertising these job vacancies where Canadians can find them, why exactly is government in the business of engineering TFWs to fill them? 

Here's just part of the dissenting report submitted by the lone NDP committee member alongside the main report : 

International Mobility Program and the Trans-Pacific Partnership

The previous Conservative government split the Temporary Foreign Worker Program in two – the Temporary Foreign Worker Program (TFWP), which covers streams requiring a Labour Market Impact Assessment, and the International Mobility Program (IMP), in which no assessment of the impact on the Canadian labour market is required. 

The IMP is actually much larger than the TFWP (nearly twice the size in 2014), yet the committee review paid no attention to the IMP, the role that the IMP plays in the Canadian economy, and the impact that it has on workers. This is very disappointing. 

This is of particular concern since the Liberal government is looking to ratify the Trans-Pacific Partnership agreement. In addition to harming our economy, this agreement will expand access to the IMP, allowing employers to bring in foreign workers without any assessment of the impact on the Canadian labour market, even if Canadian workers are available to do the job. This has led some to describe the TPP as “the temporary foreign worker program on steroids.”

You gotta admit I called it.

Back in 2013, 38% of foreign nationals came in under the TFWP, but 62% came in under the IMP. 

Then there's the ICTs, or Intra-Company Transfers, which Jason Kenney helpfully told us when he was Employment Minister were "often hard-wired into trade deals". 

ICTs "enables international companies with a presence in Canada to transfer their existing employees to their Canadian location".  And if you don't already have a branch in Canada - well, we got an app for that:

"Foreign businesses wishing to establish a Canadian enterprise may use the ICT Start-Up Visa program to bring key workers to the country to open a new office and begin doing business."

Back in June, Labour Minister MaryAnn Mihychuk told a room full of union officials that she plans to toast the day the Liberal government shuts down the Temporary Foreign Workers Program, but in the meantime they've "already quietly made one change, removing restrictions on the number of workers seasonal employers can bring in through the program this year."

Of course all this will be moot if the TPP goes through. 12A :

Canada shall grant temporary entry and provide a work permit or work authorization to Professionals and Technicians and will not:(a) require labour certification tests or other procedures of similar intent as a condition for temporary entry; or(b) impose or maintain any numerical restriction relating to temporary entry.

. 

Chris Alexander, Minister of IMPs and ICTs

When Jason Kenney grandly announced his new temporary foreign worker program reforms last week - Putting Canadians First! - he slyly handed off the greater part of his troubles to Chris Alexander - Minister of Gollumization, Citizenship, and Immigration - and now also Minister of IMPs and ICTs.  

We don't hear much about IMPs (outside of childrens' books) - the International Mobility Program under which the majority of workers enter Canada. They do not have to pass a labour market test (LMIA) to determine whether they will be putting Canadians out of work because, as our new MinIMP explained, the program is intended to benefit not individual businesses by filling specific jobs, but rather "Canada as a whole".

Via Kenney's ministry, Employment and Social Development Canada :

Of the 221,273 foreign nationals who entered Canada in 2013, 38% came in under the TFWP, but 62% came in under the IMP - 83,740 vs 137,533

Then there's the ICTs - Intra-Company Transfers - also not reliant on LMIAs to safeguard Canadian jobs because they were created to allow multinational corps to move their skilled workers easily from country to country.

You may recall this whole TFW fiasco first blew up in the public eye because the Royal Bank farmed out part of its IT work to iGATE, a company that straddles US, Canada and India, who then cycled its workers in and out of Canada for training by RBC staffers they would later replace under an intra-company transfer. 
As RBC CEO Gord Nixon explained at the time, only one of them came into Canada as a TFW, and besides, RBC "does not get involved in the hiring practices of the companies it hires."

In BC, eight US construction workers were granted entry to BC by the CBSA under an ICT after a US company got the contract to build a wood-waste storage building near Prince George. These "specialized workers" included a former rancher and an apprentice roofer and produce clerk. Yea NAFTA! and all that, but don't we have enough ranchers, apprentice roofers, and produce clerks looking for any kind of work in Canada already?

Asked about the union-backed court case protesting import of the eight US workers, Kenney referred reporters to Chris Alexander, but a year ago he stated : "The obligations we have have for intra-company transfers are often hard-wired into trade agreements."

G&M, May 17, 2014 :

"The final text of the much-vaunted Canada-European Union free trade agreement (CETA) is expected to include a list of occupations that can be fast-tracked into Canada and would allow European firms to bring European workers into Canada through inter-company transfers ...  

The Conservative government has described the deal’s provisions for temporary entry of labour as “the most ambitious ever in a free trade agreement.”

Still you can't please everyone.

B.C.’s deputy premier and natural gas development minister Rich Coleman is worried Canada is going to "fail" if companies cannot hire temporary foreign workers for the 100,000 jobs needed to develop LNG export projects on the coast.

The Kitimat LNG project is co-owned by Canadian branches of U.S. energy giants Chevron Corp. and Apache Corp. Will they be bringing in their own workers?
TransCanada, once billed in the US as "an American company with operations in Canada", is slated to build a $1.9-billion pipeline link for Kitimat LNG project. 

In February Mr. Coleman announced there was "no question the industry will be looking to foreign workers to get up and running", and in March he touted the importance of being on 

"a continent with a lot more people south to us ... so we have access to other skilled labour on the continent and there are people who are very good at doing certain jobs - specialized welders." 

One presumes he isn't referring to the TransCanada welders on the southern leg of the Keystone XL Canada to Texas project : 

"Over 72 per cent of welds required repairs during one week. In another week, TransCanada stopped welding work after 205 of 425 welds required repair.

Inspections by the safety agency found TransCanada wasn’t using approved welding procedures to connect pipes, the letter said. The company had hired welders who weren’t qualified to work on the project because TransCanada used improper procedures to test them."

So. PM-hopeful Jason Kenney's TFW Program "will now refer to only those streams under which foreign workers enter Canada at the request of employers following approval through a new Labour Market Impact Assessment." 
For everything else - the difficult politically damaging bits - there's the guy wearing the IMP ears.
.