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New legislation has been introduced by the Ontario government which in part will increase penalties for business owners or any individual who withholds a worker’s passport with fines up to millions of dollars and possible jail time.
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The Working for Workers Act is most notably designed to protect vulnerable migrant farm workers, refugees or those caught up in a web of human trafficking from being preyed upon by heavy-handed business owners who withhold their passport or work permit.
The proposed legislation will establish the highest maximum fines in Canada — $100,000 to $200,000 penalty for every worker whose rights are violated — for businesses or anyone convicted of withholding a foreign national’s passport or work permit.
“Anyone who preys on vulnerable members in our community has no place in our society,” said Monte McNaughton, the province’s minister of labour, immigration, training and skills development.
“If you think you’re going to deny someone’s basic human rights by withholding their passport, we’re going to hit your pocketbook and you will be behind bars for a long time.”
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In addition to the passport financial penalties, individuals could also face up to 12 months imprisonment. Corporations convicted would also be liable to a fine of up to $1 million.
The proposed legislation was welcome news to Santiago Escobar, national rep with the United Food and Commercial Workers union which does outreach work on behalf of thousands of migrant farm workers across the province.
Annually, there is an average of roughly 5,000 migrant farm workers employed in the Essex County in the off-season, rising to about 10,000 in the summer months.
“This is still a big issue, so we welcome the new legislation,” Escobar said. “It’s not all employers, but unscrupulous ones are still withholding passports which is illegal.
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“Hopefully, employers will think twice before holding anyone’s passport or work permit.”
While his association acts on behalf of farm workers, the Ontario government still needs to go a step further and provide migrant workers the right to have union representation under the Labour Relations Act in order to better protect against such issues.
“It would certainly help improve their working conditions and provide better protections on these problems,” Escobar said.
About a year ago, Escobar said he had to reach out to assist roughly a dozen migrant farm workers who ended up in Leamington after fleeing from a farm operator in Alberta who withheld their passports.
“They were from Central America and we had to coordinate with RCMP to get their passports back,” he said. “This is something I hear about and know happens a lot, but the workers are very scared and won’t come forward.
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“Back home they have no opportunity, so they will endure abuse and mistreatment because they are desperate. There are unscrupulous business owners who know this and take advantage.
“If the government is looking to pass this proposal it’s because they know it’s common practice.”
Withholding an individual’s passport or identification is one of the primary means of controlling a worker used by an abusive employer, said Shelley Gilbert, coordinator of social work services for Legal Assistance of Windsor.
“I certainly do think (the legislation) will be helpful,” she said. “It is a message to employers who hold people’s passports that the government is taking this seriously. It is a violation of human rights and a common practice used in human trafficking.
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“We have certainly seen a number of workers whose passports or identification have been taken by their employer and kept until the worker leaves the country or their employment. It’s a very frightening thing for an individual to have their identification taken from you.”
Often it’s not just one worker who the local agency comes across as having their identification taken by an employer, but a large group of several dozen within a single workplace.
“It could be 30 or 60 at one time,” Gilbert said. “You end up with a large group of people affected by this. It is very controlling and done to keep the workers compliant. Often these individuals are international workers who are already in difficult system that limits where they can work or change employers freely.
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“I’m hoping this is a wake-up call for employers who do this. These employers already know it’s wrong, but this shows the government is prepared to do something if they get caught and there will be serious consequences for their illegal action.”
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Individuals caught up in human trafficking, often young women or new refugees, also are faced with being trapped after having their passports or work permits being kept from them illegally.
“We know labour trafficking is happening in Canada and here in Ontario, so we are pleased to see the government address this issue,” said Loly Rico, executive director for FCJ Refugee Centre based in York.
“While this will hold employers accountable, there is still much more progress to be made. We need to see changes in policies on a federal and provincial level that will protect workers and their rights and break down the barriers to equity among all workers in Canada.”
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