Advocates fear new federal rules will not protect foreign tempoary workers, like live-in caregivers. (Associated Press)

Proposed rules that would blacklist employers who abuse foreign workers will be easily skirted, say two people who advocate on behalf of migrant workers and live-in caregivers.

Lawyer Deanna Santos told CBC News Thursday she welcomes any attempt to protect foreign workers but said live-in caregivers will likely continue to be exploited.

Immigration Minister Jason Kenney announced the new rules last week, saying they would protect vulnerable workers. Every year, more than 200,000 migrants arrive in Canada under the temporary foreign worker program. Only caregivers are eligible to eventually seek residency.

Under the proposed rules, any employer found to have mistreated a foreign worker would be banned from using the program for two years and would be blacklisted on a government website. By posting the names publicly, the government hopes foreign workers will see if an employer is ineligible to hire them.

"It could serve as a deterrent to some but definitely it will not serve as a deterrent to the majority of unscrupulous people who just don't seem to care, who will continue to exploit the desperation of the caregivers," said Santos, whose legal practice also includes advising newly arrived live-in caregivers.

The United Food and Commercial Workers Union also questioned how, besides the blacklist, the new rules would be enforced. The UFCW represents many temporary workers brought in for agriculture.

"If the Conservatives are interested in providing meaningful protections for migrant workers, they would invest in real enforcement measures," union president Wayne Hanley said in a statement.

Hanley said the new measure is just an extension of the Conservative government's plan to limit immigration in favour of temporary work programs.

"After living and working in Canada, these vulnerable migrants should have access to a path to citizenship and a right to permanent residency, not a pink slip and a deportation order," said Hanley.

Fearful to complain

A spotlight was shone on the issue of nanny abuse earlier this year when three women alleged they were overworked at a home owned by Liberal MP Ruby Dhalla and her family. They said they were forced to work long hours and do extra work such as shining shoes. Dhalla has denied the charges.

Santos said a major drawback to the proposed federal rules is that many caregivers are hesitant to report employer abuse, and often try to tough it out until they gain permanent resident status.

"How many caregivers will report abuses by their employer?" she said. "I doubt there are going to be many employers who are reported."

Another problem is monitoring. A blacklisted employer will not find it hard to skirt the new rules, said Santos.

"They can go around the blacklisting by changing their employer's name. So the husband could be the employer the next time. They could change their address," she said.