P.E.I. fish plant seeks review after application to hire temporary foreign workers denied

A Summerside lobster processing plant has hired a legal team to challenge a federal government decision denying its application to bring in temporary foreign workers.

In its application for judicial review, Summerside Seafood Supreme Inc. alleges the decision is illegal — and connected to penalties levied at a plant in New Brunswick owned by the same company, Sogelco International.

“Summerside Seafood Supreme is being illegally denied access to the Temporary Foreign Worker program on the basis of unproven and contested allegations against a completely distinct and separately managed sister company,” the court documents read.

Bolero Shellfish Processing Inc., based in Saint-Simon, N.B., was recently handed an historic $1-million fine and banned from using Canada's Temporary Foreign Worker Program for 10 years.

The penalties relate to allegations that temporary foreign workers hired by Bolero did not work the minimum 30 hours per week as the program required, and that some workers ended their contracts with an outstanding debt to Bolero after receiving salary advances for hours that they had not worked.

Bolero is challenging that fine and the hiring ban, arguing in court documents it didn’t financially abuse the workers and didn’t require repayment of any of the advance payments. Lawyers for the company have also launched a defamation case against the federal government.

Seafood Supreme argues it’s a distinct company from Bolero with separate management, and that the two companies don’t share resources, so it shouldn’t be penalized alongside Bolero.

In the court documents, Seafood Supreme says it applied in February to hire up to 15 temporary foreign workers who were supposed to start working May 8. 

The company says it was asked to provide additional information about working conditions, including wages and benefits offered, housing and health insurance over the next several months. Seafood Supreme says it sent along all the information requested, but still hadn’t received approval by May 20.

According to the court documents, Seafood Supreme followed up multiple times over the next several months and submitted a request for urgent processing. 

In August, the company says it was sent a series of specific questions about Gabriel Elbaz, who is the president of Seafood Supreme and Bolero, and his involvement in running the company. In October, Seafood Supreme was asked about the relationship between the two companies.

In November, Seafood Supreme’s request to hire temporary foreign workers was refused. An email outlining the reasons for that decision was included in the court documents. 

“The… application will be refused as the business has not demonstrated that the working conditions meet generally accepted Canadian standards. This is due to the relationship between Summerside Seafood Supreme Inc. and Bolero Shellfish Processing Inc.,” the email reads in part.

“Summerside Seafood Supreme Inc. has not demonstrated that the compliance issues identified at Bolero Shellfish Processing Inc. do not occur at its facility.”