THE Canada Border Services Agency (CBSA) announced on Tuesday that on
October 6, Jatinder Kang and Harlens Trucking Ltd. were sentenced in
Surrey Provincial Court.
Kang received a two-year suspended sentence with probation conditions,
including the completion of 240 hours of community service within the
first 18 months of the order, to keep the peace and be of good
behaviour and report to a probation officer.
Harlens Trucking Ltd. received a two-year suspended sentence and a
$10,000 fine, and was ordered to pay $352,001.83 in restitution to 29
temporary foreign workers (TFWs).
Harlens Trucking Ltd., based in Surrey, British Columbia, was granted
positive Labour Market Impact Assessments (LMIAs) by Employment and
Social Development Canada (ESDC), which permitted the company to TFWs
based on information included in the LMIA applications. Between 2011
and 2014, the company hired 30 TFWs through the Temporary Foreign
Worker Program. Kang was responsible for the company’s operations and
The CBSA investigated after the Pacific Region Criminal Investigations
Section received information two TFWs were not being paid the amount
specified in their Offers of Employment, as was required as part of
the ESDC approval. The employees were originally offered an hourly
wage in their contracts and in compliance with Canadian law; however,
once they began their employment, the pay rate was reduced
Further investigation revealed 29 TFWs were underpaid for work at
Harlens Trucking Ltd. and the net amount of underpayment was
calculated at $352,001.83.
On June 26, Kang and Harlens Trucking Ltd. pleaded guilty to two
counts under the Immigration and Refugee Protection Act (IRPA),
misrepresentation, and failing to comply with a condition or
obligation of the Act, specifically, the requirement to provide TFWs
with working conditions that are the same as, but not less favourable
than, those set out in the contract.
Now that the court case against Harlens Trucking Ltd. has concluded,
ESDC is assessing the evidence to determine required actions.
Employers who are found to be violating program rules are subject to
serious penalties, including monetary penalties, bans from using the
program and having the names of their companies published on a public
“Violations of Canada’s immigration laws threaten the integrity of our
borders and immigration system. As in this case, when an employer
misrepresents information under the IRPA, they can have a direct
impact on the individuals who lawfully contribute to the Canadian
economy. The CBSA continues to work closely with its partners,
including ESDC, to identify, investigate and prosecute to the fullest
extent of the law those who abuse Canada’s immigration laws,” said
Roslyn H. MacVicar, Regional Director General, Pacific Region, Canada
Border Services Agency.
“Our government takes its responsibility to protect the health and
safety of temporary foreign workers very seriously. Since coming to
office, we have taken a number of important steps to make sure that
temporary foreign workers are treated properly, and we will continue
working with our partners at the Canada Border Services Agency to
ensure that employers who violate the rights of workers face
consequences for their actions,” said Patty Hajdu, federal Minister of
Employment, Workforce Development and Labour.
· The Temporary Foreign Worker Program contributes to economic growth
in Canada by ensuring Canadians and permanent residents continue to
have the first opportunity at available jobs, while balancing the
labour needs of employers.
· Inspections of employers are not conducted by ESDC during a criminal
investigation or ongoing court case so as not to interfere with the
· ESDC is actively taking measures to improve compliance with the TFW
Program by increasing awareness among TFWs of their rights and
protections while in Canada and strengthening compliance through
increased inspections and penalties.
· The CBSA intercepts illegal activity to help keep Canada and
Canadians safe and secure. Anyone with information on suspicious
immigration or cross-border activity should call the confidential CBSA
Border Watch toll-free line at 1-888-502-9060
· ESDC operates a confidential tip line at 1-866-602-9448
online fraud reporting tool where TFWs or other interested parties are
able to anonymously report situations of abuse. All allegations of
abuse are reviewed and appropriate action taken.
It was also reported in the Surrey Now Leader. I work in the warehouse
industry and they are screaming for CDN truck drivers but everyone
should know the job will be automated in ten years.
The margins in trucking are small but I have worked for HUDD and Clark
and Angus and worked aroud Day and Ross and they make a profit for the
owners. Glad the asshat in this case pays a fine and the back wages
and does a lot of community hours I have never done more than 20.
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