It's hard to believe, but what I'm about to share is still happening in the 21st century. 

There are employers who speak to their foreign employees in a humiliating manner, using phrases such as:

• "If you keep complaining, I'm going to call immigration."
• "Remember that your status depends on me—think it over carefully before causing a problem."
• "If you report what's going on, you'll be worse off than I am."

If you've ever heard something like this from your employer, know that it's illegal. Don't let this happen again, and don't let it continue to instill fear in you or your coworkers.

In this blog post, I'll explain why that threat alone does not jeopardize your status and is illegal in Ontario.

It doesn't matter whether your employer complies with it or not. You are protected by labor law against abuse of power!

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The threat made to the CBSA constitutes a violation of the law

The CBSA is the border services agency responsible for customs, immigration, and security in Canada. 

No employer has the legal authority to have a foreign worker deported, as this is a legal process carried out exclusively by federal authorities following a formal evaluation. 

An employer does not have to report a foreign worker to the CBSA for there to be a violation of the law. It is sufficient for the employer to threaten to report the worker, imply that they will do so, or use the threat as a means of pressure.

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Get to Know the ESA: What Does the Law Say?

Under the Employment Standards Act (ESA), there is a specific section addressing the issue of threats in the workplace; this is known as Protection Against Retaliation.

The law prohibits an employer from intimidating, firing, penalizing in any way, or simply threatening to take these actions against an employee for asking about their rights, filing a complaint, or attempting to seek protection under the law. 

The law in Canada is so clear that the threat itself triggers protection for the worker; it is not necessary for the employer to have carried out the threat.

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Double Protection for Workers

If the employment situation involves a work permit linked to an immigration program or temporary employment, legal protection is strengthened and is just as straightforward.

The Employment Protection for Foreign Nationals Act (EPFNA) explicitly prohibits an employer or recruiter from intimidating or penalizing a foreign worker for asking about their rights or attempting to exercise them. 

This covers exactly the type of threat related to your immigration status.

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If the law is so strict, why do employers use this threat?

Unfortunately, the threat of reporting someone’s immigration status usually works. The fear of becoming undocumented in the country or of complicating an ongoing immigration process is one of the deepest fears a foreign national can have. 

No one wants to return to their home country after all that hard work.

Some employers know that immigrants live under constant stress trying to keep track of paperwork, deadlines, and their legal status, so they take advantage of this situation by deliberately using their own workers’ fear as a tool of control. 

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It is a mistake to believe that immigrants will always be unaware of Canadian law

Abuse of power in the workplace is neither a coincidence nor a misunderstanding: it is a way to silence someone who would otherwise have the right to demand what is due to them.

The mistake these employers make is believing that immigrants are unable to read and learn about their rights.

IMPORTANT: Just because a threat is emotionally effective does not mean it is legal. It is because of this type of behavior that these preventive laws were enacted.

The more foreign workers learn about their rights, the stronger their own legal protection becomes.

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What counts as a threat?

Aside from the explicit statements you read a few lines above, there are others that go beyond simply saying, "I'm going to report you." 

It also counts when an employer exerts undue pressure. For example:

• He suggests that "complicating matters" could affect his immigration status.
• She constantly reminds him that "it's up to him" to maintain his status.
• He uses phrases like, "You know what can happen if you keep pushing it."
• He threatens not to renew your contract or your letter of support if you ask questions about your working conditions.
• He hints to her that complaining might "draw the attention" of immigration authorities.

Any of these forms of pressure, used to dissuade you from exercising your rights, may constitute a violation under the law, even if no actual report is ever filed with the CBSA.

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What can a foreign worker do if their job is at risk?

Given your understandable fear and the seriousness of the situation, take a moment to calm down and follow these steps:

• Document the threat as best you can. Take a screenshot right away of any threatening text messages and/or emails you receive. 
• Write down the date and the exact context of what was said. 
• File the complaint with the Department of Labor, confident that your immigration status is irrelevant. (Remember that you do not need to disclose your full immigration status in your documentation .)
• If you have any doubts, seek legal advice before deciding how to proceed, although this does not mean that a formal proceeding has already begun.

Note: A threat of this kind may, in and of itself, constitute evidence in a complaint—not just the original issue that prompted the complaint. 

• Consider the Open Work Permit option under the Vulnerable Worker category. 

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Has your employer threatened to report you to Immigration, and do you need to defend your status?