Changing Faces of Care: Rethinking the History of Care Work Migration in Canada

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1 Changing Faces of Care: Rethinking the History of Care Work Migration in Canada September

2 About the Author Alexandra Pileggi Policy Intern Alexandra is currently a Masters of Public Policy student at the School of Public Policy and Governance at the University of Toronto, in collaboration with the Ethnic and Pluralism Studies Program at the Munk School of Global Affairs. She holds an Honours Bachelor s degree in Sociology and Criminology from the University of Toronto (2014), and a Masters in Sociology from the University of Guelph (2016). As a policy intern for the Centre for Global Social Policy s Gender, Migration and Work of Care Project, Alexandra has been part of the Knowledge Mobilization team, where she has been developing policy briefs and discussion papers for the Centre s partners, collaborators, and the general public. About the Centre for Global Social Policy Created in 2013, the Centre for Global Social Policy supports collaborative research among various disciplines in the Social Sciences as well as knowledge mobilization for the purpose of influencing effective social policy. With this, the Centre s efforts have focused on the Gender, Migration and Work of Care project (GMC): a 5-year research project funded by the Social Sciences and Humanities Research Council of Canada. With Dr. Ito Peng as the Principal Investigator, the GMC project examines the reorganization of care work and its impacts on the international migration of workers, gender equality and social development. To learn more about the GMC project and our research, visit our website at Acknowledgements I would like to thank Dr. Ito Peng for the opportunity to work with the Centre for Global Social Policy and to be part of the GMC project s knowledge mobilization team. Similarly, I would like to the thank Research Associate and Project Manager, Dr. Deanna Pikkov, for her support throughout the writing process of this policy paper. Both researchers have provided invaluable feedback throughout this experience, contributing to the overall success of this paper. I would also like to thank Dr. Monica Boyd for her knowledge and expertise in the area of Canadian immigration policy, as well as her research contributions as Project Lead for the Centre s sub-project, Migrating for Care: Permanent and Temporary Workers in North America. DISCLAIMER: This policy brief was created by a graduate student from the School of Public Policy and Governance as part of the 2017 Summer Internship Program at the Center for Global Social Policy. The opinions and views expressed in this brief are those of the authors, and do not necessarily represent those of the Centre for Global Social Policy, its researchers or partners. 2

3 Table of Contents 1. Introduction.6 2. Caring More: The Supply and Demand of Care Work.6 3. The History: Canada s Reliance on Domestic Care Programs 8 a. The Caribbean Domestic Scheme ( s) b. The Temporary Employment Authorization Program ( s) c. The Foreign Domestic Movement ( ) 4. The Live-In Caregiver Program ( )..9 a. Challenges of the LCP 5. The Caregiver Program (2014 Present) 12 a. Permanent Residency as a Caregiver for Children i. Work Experience ii. Language iii. Education b. Permanent Residency as a Caregiver for People With High Medical Needs i. Work Experience ii. Language iii. Education 6. Anticipating the Consequences: The Impact of the Caregiver Program in Canada..15 a. Impact on the Demand for and Supply of Caregivers b. Social Impacts of the Caregiver Program 7. Recommendations for the Future 16 a. Short-Term Solutions to Persistent Challenges i. Creating an Enforcement Agency through Tripartite Agreements ii. Creating Mandatory Information Workshops for Workers and Employers iii. Implementing Sector Specific Work Permits iv. Grant Migrant Workers Permanent Residency Upon Arrival to Canada v. Reinstate Universal Access to Permanent Residency Under the Caregiver Program b. Long-Term Transformation Thinking i. Reframe the Caregiver Program as High-Skilled Instead of Low-Skilled ii. Rethink and Reform Canada s Current Immigration Strategy for Nation-Building 8. Concluding Discussion References 25 3

4 Executive Summary Research from the Centre of Global Social Policy s Gender, Migration and Work of Care Project highlights how a combination of both a declining birth rate and growing elder population heightens Canada s need for care workers. Similarly, an overall lack of welfare state policies and programs increases Canadian families need to seek care from alternative sources, increasing the overall demand for foreign nationals to perform care. From a supply perspective, research continues to show the growth in international migrant workers, with approximately 67 million filling domestic worker positions. However, in 2014, the Government of Canada introduced a number of changes to their Temporary Foreign Worker Program (TFWP): a formal immigration strategy that allows Canadian employers to hire foreign nationals to fill their temporary labour shortages. Among these were changes to Canada s long-standing Live-In Caregiver Program (LCP), a sub-group within the TFWP that allowed Canadians to hire foreign workers for the purposes of child and elder care, as well as caring for persons with disabilities. Today, the new Caregiver Program (CP) allows foreign nationals to enter Canada as either a caregiver for children or for persons with high medical needs. Moreover, a cap on permanent residents has been implemented, with only 2,750 applicants accepted under each caregiving stream per year. The following report provides a high-level overview of Canada s historic use of temporary foreign workers to fill labour shortages in the care sector. Following an analysis of primary policy sources, this report clearly outlines the 2014 changes to the LCP, specifically addressing the increased requirements in education, work experience and language abilities. Moreover, in examining secondary research findings from the Centre Project leads, partners, and collaborators, this paper identifies the anticipated consequences of these changes. This includes an overall decrease in the supply of foreign care workers due to the removal of universal access to permanent residency, as well as a decrease in the demand for foreign care workers with costs of the application process outweighing potential savings and benefits of hiring abroad. Moreover, alternations to the LCP into the new CP fails to address a number of key areas that require improvement, specifically the needs for greater enforcement and protection of workers rights. With this, the research from the Centre for Global Social Policy has developed seven recommendations surrounding two key themes: interim solutions to an ongoing problem and long-term transformational thinking. The Centre believes that Government should take action in improving the Caregiver Program by implementing one or more of these seven key recommendations: Interim Solutions to an Ongoing Problem 1. Create an enforcement agency through tripartite agreements. There is currently a jurisdictional disconnect between the federal government s responsibility over the TFWP (shared by the IRCC and ESDC), and provincial responsibility over labour regulation. Following a framework similar to a Memorandum of Understanding, these three branches need to develop a tripartite agreement to regulate and enforce rules of the Caregiver Program, as well as the TFWP more generally. 2. Create mandatory workshops for temporary workers and employers. Developing a mandatory workshop for both employers and employees could help to reduce the exploitation of temporary foreign workers. In addressing the information gap, workers can be better aware and prepared to protect themselves against any potential maltreatment. Similarly, employers need to be held accountable by being made clearly aware of their role and responsibilities as someone hiring a temporary foreign worker. 4

5 3. Implement sector specific work permits. In changing the current employer-driven system, a sector specific work permit can help ensure that labour shortages in specific labour markets are filled. This will also help eliminate the exploitation that workers face by granting them employment mobility and limiting their dependence on one specific employer for legal status in Canada. 4. Grant permanent residency status to temporary foreign workers upon arrival to Canada. By providing permanent residency to workers upon arrival in Canada, migrants who contribute to Canada s prosperity will be able to access key social benefits and protections. This change can also help minimize their vulnerabilities in Canada. 5. Reinstate universal access to permanent residency under the Caregiver Program. By using temporary status as a trial period, the IRCC is able to fulfill their mandate of regulating the entry of immigrants and protecting the overall wellbeing of Canadians. However, by removing the cap on permanent residents, we can help create long-term incentives for migrants to provide care work in Canada. Long-term Transformational Thinking 6. Reframe the Caregiver Program as high-skill instead of low-skill. There is a lack of clarity in how care work is described based on work type and skill. While the care work is regarded as low-skill, requirements for permanent residency calls for workers to have higher levels of education. Distinguishing care work as high-skill will ensure that the ESDC classification of care work is better reflective of what our permanent residency application. Moreover, this will also help change the discourse surrounding care work by placing a higher value on care work and the individuals who perform care. 7. Rethink and reform Canada s current immigration strategy for nation-building. Canada s model of immigration is outdated in today s global society. The current streams of entry (economic, family reunification, and humanitarian) may no longer be relevant, as the processes of international mobility is changing with increasing competition to retain the best migrants. Canada may need to rethink how we regulate migration by recognizing the short- and long-term value of both high- and low-skill migrants. 5

6 1. Introduction Canada s historic use of managed temporary labour migration has often been regarded as a model of best practices on a global level, 1 with care work as a major component. As part of Canada s Temporary Foreign Worker Program (TFWP), the Live-In Caregiver Program (LCP) was introduced in 1992 as a strategy to recruit foreign nationals for the purposes of providing childcare, elder care, and care for persons with disabilities. 2 Researchers and advocates have highlighted that the program was actively drawing racialized women from lessdeveloped economies to perform undervalued labour; yet, such care work has played an integral role in Canada s economic production and growth 3. In 2014, the Canadian government announced changes to their historic Live- In Caregiver Program, now referred to as The Caregiver Program (CP). Alongside alterations to education, language and work requirements, the most drastic changes to the LCP include: implementing two caregiver streams Caring for Children and Caring for People with High Medical Needs; and introducing a cap on permanent residency to formally remove caregivers universal access to a pathway for citizenship. The new CP signals a change to not only how the Canadian government defines care work, but also how they value individuals who come to Canada to perform this labour. Moreover, while research has yet to become available on the consequences of the CP, identifying the intricacies and significance behind these policy changes remains a key focus of the Centre for Global Social Policy s Gender, Migration and Work of Care project. As part of the Centre s current knowledge mobilization initiative, the purpose of this discussion paper is to: provide a comprehensive overview of Canada s managed migration strategy for domestic workers and care givers; brief the public on the 2014 changes to the LCP and highlight the anticipated consequences; and identify seven recommendations on how to improve the current CP that better supports the workers imported for this labour and keeps pace with Canada s growing demand for care. 2. Caring More: The Supply and Demand of Care Work Why should we care about care work? Simply put, the care sector is one that is growing in both supply and demand, both in Canada and internationally. The world population is expected to increase from seven billion to approximately nine to ten billion by 2050, with the highly-developed economies continuing to have poor demographic replacement rates, an increase in the ageing population, and even some cases of population 1 Hennebry, Jenna L., and Kerry Preibisch A Model for Managed Migration? Re-Examining Best Practices in Canada s Seasonal Agricultural Worker Program. International Migration 50, no. s1 (February): e19-e40; Immigration, Refugee and Citizenship Canada. 2017a. ARCHIVED Immigration, Refugee and Citizenship Canada Departmental Overview. Government of Canada. 2 Canadim Program Update: Canada Live-in Caregiver Program Canadim Global Immigration Law Firm. 3 Michel, Sonya and Ito Peng. Forthcoming. Introduction. In Gender, Migration and Work of Care: A Multi-Scalar Approach to the Pacific Rim, edited by Sonya Michel and Ito Peng. Palgrave.; Boyd, Monica. Forthcoming. Closing the Open Door? Canada s Changing Policy for Migrant Caregivers. In Gender, Migration and Work of Care: A Multi-Scalar Approach to the Pacific Rim, edited by Sonya Michel and Ito Peng. Palgrave. 6

7 stagnation. 4 Similarly, research from the Gender, Migration and Work of Care project identifies a number of other factors impacting the demand for care work, including: Dramatic transitions of women entering the labour force, increasing in Canada from 25% in the 1950s to 82% in 2014; 5 Declining birth rates and increasing senior populations. 6 In Canada specifically, 16% of Canadians are over the age of 65, with as many of 1 in 4 expected to be seniors by Canadian seniors also have a greater life expectancy, living 10 years longer than they did in the 1950s. 7 Limited welfare state supports to provide necessary supplies of public service provisions for both elder and child care, forcing families to turn the service inward into the private sphere; 8 and An overall low market valuation of care work as labour that is both undervalued and underpaid. 9 Simultaneously, there is a growing supply of workers eager to migrate to perform care work. There are approximately 232 million international migrants. Of this pool, 207 million are of working ages (15+), with a 150 million being migrant workers. Moreover, there are 67 million domestic workers, with 11.5 million being international migrants. Although data shows both men and women migrant to perform care work, it is important to note that gender differences still exist in this field. Of this 67 million, 80% are female and 20% are male; of the 11.5 million migrant domestic workers, 73% are female and 27% are male. 10 Research highlights that migrant domestic workers are also characterized by individuals who have little to no alternatives for employment, thus are willing to migrate and work for low, substandard wages. 11 It is this abundance of migrants willing to accept low wages that has allowed Canada to implement and maintain a permeable immigration system that facilitates the flow of migrants for care work. 12 As subsequent sections will show, Canada s reliance on foreigners to commit to care is not a new phenomenon; nor is the implementation of more stringent requirements and exclusionary measures. However, when looking at the development of the CP in relation to the changing demographics of an ageing population, the main question becomes whether developing policy that inherently continues to limit and marginalize care workers is the appropriate course of action, and whether there are alternative policy measures to be explored that may improve the situation of temporary care worker in Canada as a whole. 4 Duncan, Howard How Global Demographic and Economic Trends Might Affect Canada s Immigration Program: A Report of a Metropolis Conversation held at Citizenship and Immigration Canada. Citizenship and Immigration Canada, Research and Evaluation. 5 Michel, Sonya and Ito Peng All in the family? Migrants, nationhood, and care regimes in Asia and North America. Journal of European Social Policy 22, no.4: ; Michel, Sonya and Ito Peng. Forthcoming.; Statistics Canada. 2016b. The surge of women in the workforce. The Daily: Canadian Megatrends. 6 Michel, Sonya and Ito Peng. Forthcoming.; Michel, Sonya and Ito Peng United Nations Secretariat, Population Division of the Department of Economic and Social Affairs World Urbanization Prospects: The 2001 Revision.; United Nations Secretariat, Population Division of the Department of Economic and Social Affairs World Populations Prospects: The 2002 Revision.; Statistics Canada. 2016a. Fertility: Fewer children, older moms. The Daily: Canadian Megatrends. 8 Michel, Sonya and Ito Peng. Forthcoming.; Michel, Sonya and Ito Peng ; Boyd, Monica. Forthcoming.; Salami, Bukola, Oluwakemi Amodu, Philomena Okeke-Ihejirika Migrant Nurses and Care Workers Rights in Canada. Working Papers on Addressing Multiple Forms of Migrant Precarity: Beyond Management of Migration to an Integrated Rights-Based Approach. Geneva: United Nations Research Institute for Social Development.; Fleras, Augie Immigration Canada: Evolving Realities and Emerging Challenges in a Postnational World. Vancouver: UBC Press. 9 Michel, Sonya and Ito Peng. Forthcoming.; Michel, Sonya and Ito Peng International Labour Office ILO Global Estimates on Migrant Workers: Results and Methodology. Geneva: ILO. 11 Fleras, Augie Michel, Sonya and Ito Peng

8 3. The History: Canada s Reliance on Domestic Care Programs The global care chain is defined as the networks that link women from poorer localities to richer ones for the purpose of social reproduction, creating economic, social and emotional interdependency around care. 13 Canada has played a prominent role in the global care chain, with an extensive history of importing women abroad for the purposes of care. For example, since Confederation in 1867, white women were recruited from Europe to be domestic workers in Canada, with the goal of assimilating to become mothers of the nation. 14 However, as source countries for recruitment began moving farther away from Britain and Europe overall, Canadian state regulations and requirements for domestic workers changed. Women of colour were seen as more disruptive when they left their jobs and moved into the Canadian mainstream, 15 which in effect made the formal policies managing the flow of domestics more coercive, negatively impacting work and living conditions, as well as workers access to rights. 16 As this overview will demonstrate, hiring care workers abroad has become an acceptable practice in Canada. However, by hiring foreign workers through formal immigration policy and programs, Canada has helped legitimize and perpetuate stereotypes of racialized women having natural qualities for caregiving. 17 The Caribbean Domestic Scheme ( s) The Caribbean Domestic Scheme was the first formal agreements for domestic workers between the Canadian government and the governments of Jamaica and Barbados. Implemented in 1955, women who migrated to Canada from these countries received landed immigrant status, now known as permanent resident status. The only constraints to entry under this program included: women needed to be single without dependents; women were required to have a minimum eighth grade education; and they were expected to live in the employer home for a minimum of one year 18. With this policy, Caribbean women were targeted by the Canadian government as they believed these women would stay in domestic service after the one year compulsory period. 19 There was also general satisfaction with Caribbean women in the domestic field. They were seen to be more educated, more affectionate to the children they minded, obliging, less demanding, and a cheaper source of labour; in some instances, research found Caribbean caregivers received $150 less per month than their white counterparts. 20 However, the rights associated with receiving landed immigrant status soon became an issue for the Canadian government. For 13 Michel, Sonya and Ito Peng. Forthcoming.; Orozco, Amaia Péres Global care chains. Gender, Migration and Development Series: Working paper 2. Santa Domingo: UN-INSTRAW. 14 Kelley, Ninette and Michael Trebilcock The Making of the Mosaic: A History of Canadian Immigration Policy. Toronto: University of Toronto Press.; Michel, Sonya and Ito Peng Kelley, Ninette and Michael Trebilcock ; Michel, Sonya and Ito Peng Arat-Koc, Sedef From Mothers of the Nation to Migrant Workers. In Not one of the family: Foreign domestic workers in Canada, edited by Daiva Kristina Stasiulis and Abigail B. Bakan. Toronto: University of Toronto Press. 17 van Hooren, Franca J Caring Migrants in European Welfare Regimes: The Policies and Practices of Migrant Labour Filling the Gaps in Social Care. PdD diss., European University Institute.; Lyon, Dawn The Organization of Care Work in Italy: Gender and Migrant Labour in the New Economy. Indiana Journal of Global Legal Studies 13, no.1: Brickner, Rachel K. and Christine Straehle The Missing Link: Gender, Immigration Policy and the Live-In Caregiver Program in Canada. Policy and Society 29: Macklin, Audrey Foreign Domestic Worker: Surrogate Housewife or Mail Order Servant? McGill Law Journal 37: Macklin, Audrey

9 example, despite the fact that these women did not have dependents upon arrival to Canada, many women began sponsoring other family members, while others pursued different occupations outside domestic work once the one year requirement was completed. 21 Thus, the landed immigrant status initially granted upon arrival posed a problem and other policy options were explored. The Temporary Employment Authorization Program ( s) During the 1970s, the Caribbean Domestic Scheme was replaced by the Temporary Employment Authorization Program, also known as the Non-Immigrant Employment Authorization Program (NIEAP). It is under this program that we can see the Canadian government transition to granting temporary status for domestic workers. Here, domestic workers could enter Canada on a temporary visa that was issued on an annual basis, without any promise or potential pathway to then transition to permanent residency. 22 With this change in legal status upon arrival, temporary visas now tied migrant workers closer to the domestic sphere, as they could only stay in Canada as long as they were domestic workers. 23 In doing so, we can see how visa programs were framed in a way that viewed domestic workers as another source of just-in-time, disposable labour. The Foreign Domestic Movement ( ) From the NIEAP, the Canadian government introduced a separate temporary program in 1981 called the Foreign Domestic Movement (FDM). This policy change was introduced in response to the lobbying efforts made against the NIEAP, which came under fire due to growing reports of abuse and exploitation of domestic workers. 24 The FDM was also developed out of the campaign fighting for workers rights, as workers were seeking recognition for their social and economic contributions. 25 With the FDM, foreign domestic workers could apply for permanent status after being admitted on a work visa; 26 although the requirements to gain permanent status were much more restrictive. For example, workers were now expected to complete a live-in requirement with their employer, while also responsible for proving their self-sufficiency and ability to adapt by showing completion of voluntary work, improving their language skills and demonstrating they have been saving to support themselves The Live-In Caregiver Program ( ) The Live-In Caregiver Program (LCP) was introduced in 1992 as part of Canada s Temporary Foreign Worker Program (TFWP). Despite the fact that the program was originally designed to meet Canada s childcare needs, 21 Macklin, Audrey Brickner, Rachel K. and Christine Strahle ; Hsiung, Ping-Chun and Kathrine Nichol Policies on an Experiences of Foreign Domestic Workers in Canada. Sociology Compass 4, no.9: Hsuing, Ping-Chun and Katherine Nichols, Hsuing, Ping-Chun and Katherine Nichols Macklin, Audrey Brickner, Rachel K. and Christine Strahle ; Macklin, Audrey Hsuing, Ping-Chun and Katherine Nichols

10 the LCP became increasingly popular for our ageing population. 28 Under the LCP, workers could apply to become permanent residents after completing 24 months or 2,900 hours of authorized full-time employment while living in the employers home, which was to be completed within four years of date of arrival. 29 However, any work as a caregiver outside the employer s home was not included in the full-time employment requirement. 30 In the later years of the program, changes were made so that workers could apply for an open work permit while waiting for their permanent resident application to be processed. In implementing this open work permit, migrants could work for any employer in any occupation, for as long as the permit stipulated. 31 There are a number of noticeable differences between the LCP and the preceding programs that regulated migrant domestic workers in Canada. Many of these changes encompass stricter requirements for education and training for foreign domestic workers, including: Successful completion of an education equivalent to a Canadian secondary school level; A minimum of six-months of training, or one year of full-time employment in the domestic field; and Good knowledge of English and/or French. 32 The LCP also had different requirements regarding labour regulation of temporary foreign workers For example, before employers could hire a temporary foreign worker using the LCP, they first needed to receive a positive Labour Market Opinion (LMO), now known as a Labour Market Impact Assessment (LMIA). The LMIA process assesses if there is indeed a labour shortage that needs to be filled, while also ensuring that the employer meets the conditions to hire a TFW. 33 In 2013, Citizenship and Immigration Canada (CIC) introduced an application processing fee of $275 per position as part of the LMIA application, 34 which was then amended to $1000 in While the LMIA attempts to ensure that employers meet the requirements and working conditions, the LCP also requires a written contract to be signed by both the employer and the employee. 36 Challenges of the Live-In Caregiver Program Over the years, research on the LCP and the migrant care worker experience has identified a number of issues and challenges associated with the program, and the TFWP more generally. For example, findings indicate that worker abuse and exploitation has become a common characteristic of labour migration programs, with vulnerability of workers often increased due to precarious migration status and the fact that legal residency in 28 Institute for Research on Public Policy Roundtable on Temporary Migration and the Canadian Labour Market. Roundtable, Ottawa, April Immigration, Refugee and Citizenship Canada. 2017b. Become a Permanent Resident Live-In Caregivers. Government of Canada. 30 Immigration, Refugee and Citizenship Canada. 2017b. 31 Immigration, Refugee and Citizenship Canada. 2017c. Extend or Change Your Live-In Caregiver Program Work Permit. Government of Canada. 32 Boyd, Monica. Forthcoming. 33 Alboim, Naomi and Karen Cohl Shaping the future: Canada s Rapidly Changing Immigration Policies. The Maytree Foundation. 34 Ali, Loft Ali Jan Welcome to Canada? A Critical Review and Assessment of Canada s Fast-Changing Immigration Policies. RCIS Working Paper No. 2014/6. Toronto: RCIS. 35 Canada Gazette ARCHIVED Regulations Amending the Immigration and Refuge Protection Regulations. Government of Canada. 36 Boyd, Monica. Forthcoming. 10

11 Box 4.1: A brief timeline of Canadian policies to recruit female foreign domestic workers 11

12 Canada is contingent on an employer. 37 Similarly, there are a number of structural issues embedded within the policy and requirements of the LCP. Specifically, attention and critique has focused on the live-in requirement of the program, and the role this has played in marginalization and devaluation of care labour. 38 By demanding migrant care workers to live within the homes of their employers, the program has promoted family separation while the households employing them have been able to capitalize on the economic inequalities. 39 Moreover, there have been a number of challenges associated with: inadequate enforcement mechanisms to protect workers from exploitation and abuse; 40 a lack of legislative measures to address the information gap workers experience; vulnerabilities caused by indebtedness and financial obligations that workers face to support their families back in their countries of origin; recruiter misconduct; and navigating the growing tensions between protecting individual rights and providing for a family s individual needs. 41 All of these competing factors are then complicated by the temporary status of care workers, given their entry under the umbrella TFWP. That is, due to their precarious legal status, workers in the LCP (like other temporary foreign workers in various industries across Canada), hesitate to assert their legal rights, often feeling fearful of the recruiters and employers controlling their entry and powerless against the pressures of completing their work within limited terms. 42 Navigating through these various obligations and feelings remains a common reality and challenge for temporary foreign workers who have entered Canada under the LCP in the hopes of gaining permanent residency. 5. The Caregiver Program (2014 Present) Beyond the structural issues, recent changes to the LCP can also be attributed to a shift in the Canadian Government s perception of how immigrants were using the program. Between 1993 and 2009, over 52 thousand principal applicants landed in Canada under the LCP, bringing approximately 30 thousand dependents along with them; thus, LCP arrivals constituted 2.1 percent of all immigrants in Canada. 43 By 2009, statistics showed that foreign workers in low-skilled occupations, including temporary care workers, outnumbered migrant workers in high-skilled occupations. 44 During this time, we see a shift in the Canadian government s position on the LCP. Government officials increasingly made claims that nannies and care workers entering under the LCP had mutated the system into another form of family reunification, accusing Filipina migrants of abusing the program by entering Canada to work for their own families illegally. 45 With this, the Government of Canada announced in 2014 that they would be phasing out the LCP with a new program: The Caregiver Program. In this 37 Ontario Council of Agents Serving Immigrants Submission to the Parliamentary Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities: Temporary Foreign Workers Program Review. May 25.; Parreñas, Rhacel Salazar The Indenture of Migrant Domestic Workers. Women s Studies Quarterly 45, no.1 & 2: Fleras, Augie Fleras, Augie Bakan, Abigail and Daiva Stasulis Negotiating Citizenship: Migrant Women in Canada and the Global System. Toronto: University of Toronto Press.; Faraday, Fay Profiting from the Precarious: How Recruitment Practices Exploit Migrant Workers. Metcalf Foundation. 41 Faraday, Fay Faraday, Fay Kelly, Philip, Stella Park, Conley de Leon and Jeff Priest Profile to Live-In Caregiver Immigrants to Canada, TIEDI Analytical Report Office of the Parliamentary Budget Officer Temporary Foreign Workers in Canada: A Look at Regions and Occupational Skill, by Tracy Lemieux and Jean-François Nadeau. March Keung, Nicholas Filipino Canadians Fear End of Immigrant Dreams for Nannies. Toronto Star, July 4.; Hough, Jennifer Canada s Live-In Caregiver Program Ran Out of Control and Will Be Reformed: Jason Kenney. The National Post, June

13 new program, still falling under the umbrella of the TFWP, migrant workers can now enter Canada under two specific care work streams, including: Permanent Resident as a Caregiver for Children or Permanent Resident as a Caregiver for People with High Medical Needs. Permanent Resident as a Caregiver for Children There are a number of requirements that temporary workers must meet in order to be considered for permanent residency. These requirements are specific to work experience, language ability and education. Work Experience: Workers must have a minimum two years of work experience in Canada as a child care provider within a 48 month period. 46 Using Canada s National Occupational Classification (NOC) system, childcare work is defined as: caring for the overall physical well-being and social development of children and assisting parents with various household tasks which can be provided in the family home (where they can reside), their own homes, or by a child-care agency. 47 Moreover, under this stream of the Caregiver Program, full-time employment includes 30 hours of paid work per week, with workers allowed to have breaks in their employment. However, any work experience while participating as a full-time student does not count towards the work experience requirement. 48 Language Ability: Migrants seeking permanent residency under this stream must also prove their competency in either English or French, which is measured through speaking, listening, reading and writing. To demonstrate this, migrants must successfully meet the minimum language levels of the Canadian Language Benchmark (CLB) 5, by completing a language test administered by a pre-approved third party agency. 49 The results of the language test cannot be more than two years old when the government receives the application for permanent residency. Education: Applicants under this program must also show that they have completed a Canadian post-secondary degree, diploma or certificate of at least one year. Alternatively, workers must prove that they have attained a foreign degree, diploma or certificate, in addition to providing a completed Educational Credential Assessment: approval from pre-approved third-party organization which deems whether the foreign degree is equivalent to a Canadian degree Immigration, Refugee and Citizenship Canada. 2017d. Find Out If You Can Apply for Permanent Residency as a Caregiver for Children. Government of Canada. 47 Employment and Social Development Canada, National Occupational Classification. 2017a Home Child Care Providers. Government of Canada. 48 Immigration, Refugee and Citizenship Canada. 2017d. 49 Immigration, Refugee and Citizenship Canada. 2017d. 50 Immigration, Refugee and Citizenship Canada. 2017d. 13

14 Permanent Resident as a Caregiver for People with High Medical Needs Under the Caregiver Program, workers can also apply for permanent residency as someone caring for people with high medical needs. While the requirements are similar to the alternative stream, there are still some differences and restrictions to be addressed. Here, migrants must demonstrate their previous work experience as well as their certification to practice in certain occupations, language ability and education. Work Experience: Migrants applying for permanent residence under this stream must have a minimum two years of work experience in Canada within a 48 month period. Following the description of work for the NOC system, applicants must show that their employment in Canada has been in one of the following occupations: registered or psychiatric nurses; licensed practical nurses; nurse aids, orderlies and patient service associates; or home support workers. However, home support workers does not include housekeepers. 51 Similarly, depending on which occupations the applicant is applying under, workers must demonstrate that their employment matches the job descriptions outlined by the NOC system. 52 Moreover, full-time work experience is defined as 30 hours of paid work per week, with breaks in employment allowed. For workers in regulated occupations, such as registered or psychiatric nurses, or licensed practical nurses, workers must prove they are licensed to practice in Canada and are registered with a regulatory body in the province or territory in which they applied. 53 Here, the onus is on the applicants to prove that they meet all the necessary criteria for the occupation which they claim to have experience with. This includes evidence of their education, training, and other qualifications set out by the NOC employment description. 54 Language Ability: In their application, migrant workers must prove their ability to speak, read, listen and write in English or French. While the CLB is also used in this stream to assess the applicant s language skills, there is a higher minimum language requirement based on the type of employment. 55 For example, workers applying with experience as a registered or psychiatric nurse must score a minimum CLB 7 in English or French language skill ability, while workers in any other job under this field requires a minimum of CLB 5 in either English or French. 56 Education: Applicants for permanent residency under this stream must show that they have completed a Canadian postsecondary degree, diploma or certificate. If not, they must have a foreign degree, diploma or certificate in 51 Immigration, Refugee and Citizenship Canada. 2017e. Find Out If You re Eligible Caring for People with High Medical Needs. Government of Canada. 52 Immigration, Refugee and Citizenship Canada. 2017e. 53 Immigration, Refugee and Citizenship Canada. 2017e. 54 Immigration, Refugee and Citizenship Canada. 2017e. 55 Immigration, Refugee and Citizenship Canada. 2017e. 56 Immigration, Refugee and Citizenship Canada. 2017e. 14

15 conjunction with an original Educational Credential Assessment from a pre-approved organization demonstrating that their education is equivalent to a Canadian post-secondary degree Anticipating the Consequences: The Impact of the Caregiver Program in Canada Changes made to the LCP to create the CP can justified for a number of reasons, including: the LCP had no longer had a clear labour market rationale; the live-in requirement increased vulnerability and isolation for migrant workers; there were inherent inequalities in the program with poor wages and inconsistent standards; it created a possibility for backdoor family reunification; and it no longer aligned with the Canadian Government s priorities for high-skilled immigrants. 58 Similarly, movement towards a two-stream care work program was announced in a way that stressed the importance of protecting caregivers against vulnerabilities and improving support for families. 59 However, advocates of migrant caregivers disagree, identifying that these changes were implemented without their voices, as seen in the removal of universal permanent residency for care workers. 60 Still, while the reforms to the LCP may be justified from the Government perspective, it is necessary to still highlight the key anticipated consequences of these changes. Impact on the Demand for and Supply of Care Workers Research from the Centre of Global Social Policy predicts that the changes to the LCP will have a direct impact on both the demand and supply of care workers. From a demand-side analysis, an increase in the LMIA fee from $275 to $1000 may result in an overall reduction in the use of TFWs for care. Increasing this LMIA application cost in June 2014 has impacted the overall processing system for employers, as social media posts suggest that the high costs are deterring employers to import foreign workers with families paying an additional $500 per month in advertising costs for the position. 61 We cannot deny the overall affect that these costs have had on the demand for care work. Statistics from Employment and Social Development Canada (ESDC) show that between December 2014 and March 2015, only 92 LMIAs were accepted by the Ministry. 62 This is a drastic decrease from the 700 to 1000 applications accepted per month prior to the changes in Immigration, Refugee and Citizenship Canada. 2017e. 58 Citizenship and Immigration Canada Canada s Live-In Caregiver Program: Diagnostique and Policy Reform. International Metropolis Presentation, November. 59 Black, Debra New Rules for Federal Live-In Caregivers Program. Toronto Star, November Coalition for Migrant Worker Rights and Migrant Workers Alliance for Change Landed Status Now! Pragmatic Policy Changes to Ensure Rights and Dignity for Migrant Workers, For the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities Review of the Temporary Foreign Workers Program. May Boyd, Monica. Forthcoming.; Keung, Nicholas Low Acceptance and Backlog Stifles Foreign Nanny Program. Toronto Star, May Keung, Nicholas Keung, Nicholas

16 From a supply-side analysis, care work is also anticipated to change due to the more recent reforms to accessing permanent residency. Research has indicated that since the implementation of the CP, the number of migrant care workers has decreased by almost 90%, with only 10% of the applicants who apply for permanent residency actually being accepted. 64 This drastic change can be partly related to the implementation of a cap on permanent residents. With the CP, only 5,500 permanent resident are accepted under the program annually, with a cap of 2,750 migrants per stream. This restriction now hinders migrants ability to transition from temporary to permanent in Canada 65. Thus, such alterations are impacting both family ability and willingness to hire a TFW, and migrant readiness to actually participate in the program. Social Impacts of the Caregiver Program The consequences of the changes to the LCP are also anticipated to go beyond the basic supply and demand dichotomy. Deeper analysis into the requirements and expectations of workers outlined in the CP is also important when wanting to address intricacies of the program changes and their social consequences. For example, while the Caregiver Program no longer includes a mandatory live-in requirement, the live-in requirement has not actually been removed from the policy. While no longer mandatory, workers under the Caregiver Program can either live-in or out of the employer s home; it is something largely dependent on employers needs and must be agreed upon with the employee. 66 Similarly, with an increased LMIA cost of $1000, workers may find themselves in a more vulnerable position, as leaving an abusive employer places the onus on the worker to find another person or family willing to pay the LMIA fee. 67 Moreover, future research needs to address how changes to the education and language requirements will further impact those who gain permanent residency under this program. There is an extensive body of literature identifying the challenges that migrants face in having their credentials assessed as well as their experiences in the Canadian labour market. Newcomers often face barriers when it comes to credential recognition, which often impacts their overall economic and social integration in Canada Recommendations for the Future In the budget, the Canadian government has committed $279.8 million over the next five years to support the delivery of the Temporary Foreign Worker Program. This funding changes to $49.8 million after the initial five years. 69 The budget also commits the Canadian government to addressing current issues with the CP, which have been highlighted here. For example, for families looking to hire a caregiver for medical purposes or childcare, the Government has waived the LMIA application fee for families earning under $150 thousand. This fee is now to be supplemented by the Government, costing approximately $24.5 million over the next five years, 64 Tungohan, Ethel Policy Brief: Changes to the Temporary Foreign Worker Program and Caregiver Program, Prepared for the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. May Boyd, Monica. Forthcoming. 66 Salami, Bukola, Oluwakemi Amodu, Philomena Okeke-Ihejirika ; Kelly, Philip Asia Research Brief: Canada s Live-In Caregiver Program. York Centre for Asian Research. November Salami, Bukola, Oluwakemi Amodu, Philomena Okeke-Ihejirika Houle, René and Labouaria Yssaad Recognition of Newcomers Foreign Credentials and Work Experience. Perspectives: Government of Canada Budget Building a Strong Middle Class, Chapter 1: Skills, Innovation and Middle Class Jobs. March

17 and then $4.9 million in the years thereafter. 70 While this may alleviate the financial burden placed on families and employers to bring over a caregiver, there are still a number of issues for the migrant workers participating in the CP. Workers still remain vulnerable to exploitation and abuse, as their work permits still tie them to one employer. Similarly, changes fail to address the overall lack of mechanisms for proper regulation and enforcement of current legislation applicable to the CP. 71 With this, the subsequent sections outline seven recommendations to be considered when wanting to improve the current CP. While some remain short-sighted solutions, such changes could help address some of the more pressing challenges and issues associated with the program. However, in order to significantly reduce the heightened vulnerabilities and exploitative procedures that affect migrant care workers in Canada, long-term recommendations are also identified. Here, the goal is to start meaningful conversations on best ways to repair the CP in way that balances both: the needs of workers informed by the extensive research on their lived experiences as care workers; and Canada s strategic objectives for immigration and labour migration. Short-Term Solutions to Persistent Challenges Recommendation #1: Creating an Enforcement Agency through Tripartite Agreements Advocates for migrant workers continue to argue in favour of greater monitoring, enforcement and regulation of the Temporary Foreign Worker Program. Although promises were made in 2014 to improve enforcement of existing legislation, findings suggest that this was not carried out; there were only 340 workplace inspections between April 2014 and December 2015, with only four LMIAs taken away from employers. 72 In an effort to address potential cases of exploitation and abuse, Citizenship and Immigration Canada (CIC now known as the IRCC) developed a Call Centre for migrant workers to better inform them of their rights and to report abuses. 73 However, with the Call Centre, the onus is placed on the worker to report their employer to the Government. Research suggests that workers are often unwilling to seek assistance in this way, often because of the inherent power imbalance and system of vulnerability that these workers live in. Workers fear workers fear that reporting employers will make them retaliate against them; or worse, if the employer has their LMIA revoked, the migrant worker is no longer legally entitled to work in Canada. 74 Similarly, workers often feel a need to sacrifice their labour rights to protect their employment in order to fulfill their obligations, and are therefore less likely to participate in a complaint-driven system. 75 In forcing workers with temporary and precarious status to come forward and file formal complaints against their employers, workers rights will not be protected in any 70 Government of Canada Kelly, Philip Ontario Council of Agents Serving Immigrants Boyd, Monica. Forthcoming. 74 West Coast Domestic Workers Association Temporary Foreign Worker Program: A Submission by the West Coast Domestic Workers Association to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. May Faraday, Fay

18 meaningful way. 76 Thus, there is a need for a system that is proactive rather than reactive, as we currently see in the complaint-driven model. To achieve this, there is a need for a governing body to ensure that temporary worker contracts under the TFWP are respected and enforced. Currently, there is a jurisdictional disconnect between immigration policy and labour regulations, 77 as immigration and employment are shared responsibility between the federal and provincial governments in Canada. However, while the federal government has primary say in immigration disputes, 78 employment matters often fall under provincial control with the federal government only interfering in exceptional cases. 79 At the federal level, the IRCC works in conjunction with the ESDC in the strategic implementation and regulation of the TFWP. Thus, both departments need to work with each provincial Ministry of Labour in the form of a tripartite agreement in order properly regulate and enforce the rules outlined in the TFWP. One way this can be achieved is through the development of a Memorandum of Understanding (MOU) between the IRCC, ESDC and provincial Ministries of Labour. As used in Canada s Immigrant Agreements with all provinces, Yukon and North West Territories, 80 the MOU establishes a framework for various levels of government to work together to discuss and achieve mutual objectives. 81 Using an MOU structure, an Enforcement Agency between the IRCC, ESDC and provincial Ministry of Labour can be developed to: manage the overall complaint-system for the TFWP; provide a framework for employment services and information on worker s rights, which is determined by each provincial government s labour standards; and ensure that these services provided to migrant workers are reflective of federal regulations outlined by the TFWP, which is determined by the IRCC and ESDC. Similar to what we see in Canada s Immigration Agreement with Ontario and the City of Toronto, the MOU can be negotiated in a way that allows each party to recognize and uphold their jurisdictional responsibilities, rather than acting as a funding agreement. 82 Likewise, it can formally commit each party to cooperate and collaborate on the maintenance and enforcement of the TFWP to ensure that all workers have their contracts respected and worker rights protected. Recommendation #2: Creating Mandatory Information Workshops for Migrant Workers and Employers One of the contributing factors of the maltreatment and exploitation of temporary foreign workers is the overall absence of policies and laws to protect them. 83 However, research has also identified a number of practical 76 Faraday, Fay Ontario Council of Agents Serving Immigrants Immigration, Refugee and Citizenship Canada. 2017g. Immigration, Refugee and Citizenship Canada: Departmental Plan McMillan LLP Employment Law in Canada: Provincially Regulated Employers. Toronto: McMillan LLP. 80 Rose, Janine and Valerie Preston Canadian Municipalities and Services for Immigrants: A Toronto Case Study. Canadian Journal of Urban Research 26, no. 1: Immigration, Refugee and Citizenship Canada ARCHIVED Canada-Ontario-Toronto Memorandum of Understanding on Immigration and Settlement. Government of Canada. 82 Immigration, Refugee and Citizenship Canada International Labour Office, Social Protection Department and Inclusive Labour Markets, Labour Relations and Working Conditions Branch Social Protection for Domestic Workers: Key Policy Trends and Statistics. Social Protection Policy Papers, Paper 16. Geneva: ILO. 18