The government would like to reiterate the following:
- While in Canada, TFWs have the same rights and protections as Canadians and permanent residents under applicable federal, provincial and territorial labour and employment standards. An employer cannot restrict the activities of TFWs when they are not at work, except when such activity is regulated by a government order, such as those related to states of emergency or public health.
- The TFW Program does not grant employers the right to limit the free movement of workers, such as travel outside of the TFW’s place of residence or work. Like all workers, TFWs are free to run errands, access services, and enjoy their time off.
- Restricting TFWs’ freedom of movement could be considered mistreatment under the Immigration and Refugee Protection Regulations and a violation of the terms and conditions of the TFW Program. Examples of such a situation include:
- Threatening or intimidating a worker by not allowing them to leave the place where they live or work
- Impose policies or agreements – whether verbal or written, imposed or required by the employer – that restrict a worker’s ability to leave his or her home or workplace (including situations where a worker is forced to accept or comply with a policy or request for fear of retaliation)
- Physically confining a worker to his or her home or workplace without legal authority (such as from a government order or court order)
- Government laws and orders may require employers to put in place policies and practices that restrict the movement of workers, such as to their place of residence or work. In such cases, employers will need to demonstrate to Service Canada that such a policy or practice adheres to laws or orders issued by a government authority. Employers are strongly encouraged to be transparent with their employees about government-imposed restrictions on and off the job and to share relevant reports (such as public health orders) with them.
- Employers who fail to comply with the terms of the TFW Program may be subject to the following:
- warnings
- administrative monetary penalties
- temporary or permanent ban on the use of the TFW Program and the International Mobility Program
- publication of their name and address on the Immigration, Refugees and Citizenship Canada public website and details of offences or consequences
- revocation or suspension of labour market impact assessments