A new report compiled through interviews with dozens of temporary foreign workers (TFWs) revealed a federal program littered with challenges and a workforce ripe for abuse in Whistler.
Produced by the Whistler Multicultural Society (WMS), the report’s findings were gathered through in-person interviews between the springs of 2023 and ’24 with 70 TFWs currently or formerly on closed work permits. Underscoring the precarity of TFWs’ experience in a resort community that heavily relies on their labour, the report identified several key challenges, including gaps between worker and employer expectations, fear of job loss, housing instability, cultural and language barriers, and underpayment.
Raj Soni, resilience coordinator and migrant support worker for the WMS, said the TFW program is “especially” primed for misuse in Whistler “because housing is such a key component of the whole dynamic.”
Many TFWs land in Whistler with the understanding housing is part of their employment contract, however, upon arrival, they can find their accommodations are either unavailable, shared with more people than expected, or “significantly deteriorate” over time, the report said. Sixty-five per cent of interviewees said their promised housing was either not provided or below the expected standard.
“In an ideal world ... this is what you want, affordable employee housing. That gives them the opportunity to complete their term and not stress about a lot of other factors,” Soni said. “The unfortunate fact is things that happen outside of work can affect people inside of their work.”
Soni, who assists migrant workers with complaints, often compiling evidence for federal authorities to investigate, highlighted the blurred lines that can exist when a worker’s employer is also their landlord. One interviewee reported their employer had active CCTV cameras in staff accommodation, “meaning they were being watched at all times,” the report stated. Soni has also heard of employers drastically increasing rental rates for workers to cover their costs after other tenants move out.
In another case, photos the WMS provided to Pique showed unsafe and unsanitary work and living conditions at one Sea to Sky worksite.
In what is already a volatile market for the average Canadian, foreign workers find themselves in an even more unsure position in Whistler if they end up losing their housing, an effect the report noted is more pronounced for racialized workers. Forty per cent of respondents said their housing situation changed unexpectedly within the first few months of their contract, leaving them to seek alternative accommodation at high costs in a tight rental market.
The expectation gap
A worker’s job expectations laid out in their contracts can vary from the reality on the ground, the report noted, with more than 60 per cent of respondents reporting discrepancies, such as longer hours or additional duties.
B.C. employment regulations stipulate any variation in job duties must be mutually agreed upon by both the worker and employer. Enforcement, however, is “often lacking or falls within a grey area,” the report said.
TFWs’ general job duties are also spelled out through their corresponding National Occupation Classification code.
Discrepancies in pay, set through an employer’s Labour Market Impact Assessment (LMIA) application and unchanged for the duration of a worker’s closed permit, typically two years, is another issue faced by TFWs. Pique reviewed documents provided by the WMS showing one worker was paid 28 per cent less per hour than the rate listed in their contract, constituting wage theft. Others have reported not being paid for overtime.
Because of that fixed pay rate, Soni has heard of instances where TFWs are given a “promotion” without a corresponding pay rise.
“In essence, they say you have a promotion with more responsibilities, but there is no pay rise because your salary is a lock for two years,” he added.
Cultural and language barriers
Cultural, religious and language barriers can add to the challenges faced by TFWs, who can find themselves in a ski town with far different social norms than they’re accustomed to.
The WMS said some workers noted their shared accommodations often lacked the privacy or cleanliness required for religious practices.
Language barriers can contribute to a TFW’s sense of isolation as well, both on the job and in social settings. Slang, technical terms, and differing communication styles can contribute to miscommunication at work, while TFWs can feel excluded from Whistler’s social scene, “heavily driven by group recreational activities,” the report noted.
Accessing services such as health-care and housing assistance becomes more difficult due to language barriers as well, the report said.
Majority of TFWs reluctant to report concerns
Though prevalent in the WMS survey, which maintained respondents’ anonymity, the issues laid out by the society are almost certainly underreported locally, given TFWs’ fears of speaking up.
“Whistler has this thing everyone comes for, skiing, the essence of the town,” Soni said. “But for a lot of these temporary foreign workers signing contracts, they come here to support their families back home, so they’re really scared. It’s a lot of emotional stress, so they don’t want to speak out about these problems.”
More than 70 per cent of interviewees expressed hesitance to raise concerns about workplace issues, primarily due to fear of losing their job, which would “automatically impact their ability to remain in Canada, not constrained by immigration status but the inability to work and support themselves financially,” the report said.
That fear is exacerbated for workers on closed permits. Losing their job would require them to secure a new employer willing to apply for a LMIA on their behalf, a process that is lengthy and costly, during which a worker may have to leave the country.
Although protected by Canadian labour laws, TFWs’ temporary status often leaves them vulnerable, with advocacy groups saying the closed permit system creates an imbalance of power between worker and employer, making it difficult to assert their rights. A report this year from United Nations’ special rapporteur Tomoya Obokata called Canada’s TFW program a “breeding ground for contemporary forms of slavery,” institutionalizing “asymmetries of power” that favour employers.
Asked what improvements could be made to the program, Soni recommended opening TFWs’ permits, tying them to their NOC code and a specific location instead of a single employer.
“That way employees can freely move within that market,” he said. “If they have the option to leave, the employer might treat them a bit differently and try to retain them. When you’re guaranteed employee retention, there’s less incentive to treat them well.”
The WMS said 508 LMIAs were approved for Whistler in 2022, and estimates that, including other labour mobility programs, there are between 1,000 to 1,200 employees on some form of closed work permit in Whistler at any given time. The hospitality and restaurant sectors comprise the bulk of the resort’s temporary workers.
The Whistler Chamber of Commerce did not respond to requests for comment by press time. The Restaurant Association of Whistler requested more time to review the report, which Pique provided on deadline day, before commenting. The study will be shared with the board, a spokesperson said.
Pique will have more on this issue in the coming weeks. Tips can be sent to [email protected].
The WMS provides free, confidential support to migrant workers. Learn more at wmsociety.ca.
