The PEI Advisory Council on the Status of Women has been a long-time member of the Migrant Workers Action Team led by Cooper Institute, advocating for rights and protections for Temporary Foreign Workers on PEI (TFWs). TFWs make up a significant part of the PEI workforce in key sectors such as agriculture, seafood processing and service industries. The role and significance of TFWs in key sectors of the PEI economy was recently highlighted in this CBC article Does P.E.I. need temporary foreign workers? Industries say yes, but economist warns of consequences | CBC News.
Barb, Carlie and Michelle at Migrant Workers Rally in June 2024
The Temporary Foreign Workers Protection Act passed in the PEI Legislature in 2022, and came into force earlier this year. The introduction of the PEI Temporary Foreign Workers Protection Act was a significant step toward improving the lives and wellbeing of TFWs in the Province. In the Advisory Council’s 2020 submission to government for the consultation on the Temporary Foreign Workers Protection Act, we described why protection of temporary foreign workers is a gender issue:
“Why Is Protection of Temporary Foreign Workers a Gender Issue?
The PEI Advisory Council on the Status of Women has a mandate to advise government on issues that affect the status of women, and migrant worker rights include many gender factors. Migrant workers of all genders face discrimination or barriers as a result of their immigration status. Women and gender minorities face additional risks of sex‐ and gender-based discrimination and barriers, including sexualized violence and harassment. Gender discrimination against women migrant workers is doubled and deepened when the workers are women of colour or women without English or French as their first or preferred language of communication. And, in fact, the women who come to PEI as migrant workers are almost exclusively women of colour for whom English or French is not a first language.”
Our full submission to this consultation can be found here: PEIACSW Input on Proposed Temporary Foreign Workers Protection Legislation | PEIACSW
The PEI Temporary Foreign Workers Protection Act is currently in the first phase of implementation, which includes licensing for recruiters that help employers in Prince Edward Island find foreign workers, and the following Rights for foreign workers:
- Effective April 1, 2025, the Temporary Foreign Worker Protection Act prohibits recruiters from charging fees and expenses for recruitment services to foreign workers.
Under the Act:
- Recruiters and employers cannot provide false or misleading information related to recruitment services, immigration, immigration services, employment, or housing
- Recruiters and employers cannot provide false or misleading information about the laws of Prince Edward Island or Canada
- Recruiters and employers cannot take possession of or retain a foreign worker’s passport or other official documents
- Employers are permitted to take passport or documents temporarily for the purposes of copying or recording the information, but must return it to a worker right away
- Recruiters and employers cannot misrepresent employment opportunities, including details of the position, duties, length of employment, wages and benefits, or other terms of employment
- Recruiters and employers cannot threaten deportation or threaten any other action for which there is no lawful cause
Temporary Foreign Worker Protection Act Information | Government of Prince Edward Island
Cooper Institute Event: Migrant Justice Forum
The impacts of this first phase of implementation will have significant impacts on the lives and livelihoods of TFWs. However, much work remains to ensure TFWS on PEI can live with safety, health and dignity. The second phase of the Temporary Foreign Workers Protection Act is set to include licensing requirements and a registry and outline additional requirements for employers of TFWs.
Many TFWs rely on their employer to provide safe and affordable housing in conditions that are well maintained, appropriate, and not overcrowded. While the Department of Environmental Health is responsible for doing inspections of housing for people who come through the Seasonal Agricultural Worker Program, no inspections are required for any other streams of the program. TFWs are also at increased risk of discrimination and abuse in the workplace. In particular, additional protections are needed to address sexual violence and abuse. Workplace sexual violence against temporary foreign workers in P.E.I. underreported, advocates say | CBC News.
This report from TFW Maritimes, in collaboration with the Social Sciences and Humanities Research Council of Canada, Dalhousie University, St. Thomas University, Cooper Institute, and Madhu Verna Migrant Justice Centre, further highlights the challenges TFWs face Permanent_Jobs-Temporary_People-TFWMARITIMES-PEI-2024.pdf.
Image: Diversity is a fact. Equity is a choice. Inclusion is an action. Belonging is an outcome.
Until TFWs have access to the same resources and worker protections that permanent residents have, they will continue to be vulnerable to emotional and physical harm, discrimination, and abuse. On a provincial level this could include access to social assistance, the drug cost assistance program, and provincial health coverage for everyone, not just workers who hold a work permit for 183 days or more, with additional provisions to ensure children on PEI have access to healthcare regardless of their parent’s status. Importantly, the path to residency and permanent status must be made more easily accessible and attainable for all. This could include removing the language requirement and the need to have a two-year, full time work contract. No matter their status, all workers on PEI should have access to the labour protection they need and deserve.
The PEI Advisory Council on the Status of Women also has a bursary available for TFWs, the Maureen Larkin Memorial Migrant Worker Rights Bursary: Maureen Larkin Memorial Migrant Worker’s Rights Bursary
Maureen Larkin
If you or someone you know is a Temporary Foreign Worker on PEI, please see Migrant Workers – Cooper Institute for more information.
