Employer Immigration Compliance

Employers in Canada are required to comply with regular immigration inspections by Employment and Social Development Canada (ESDC) if they want to hire a foreign worker under the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP).

The Immigration and Refugee Protection Act (IRPA) sets out conditions that Canadian employers must be aware of and comply with.

Inspections can be conducted by the ESDC or Immigration, Refugees and Citizenship Canada (IRCC) to determine whether the employer complies with program requirements.

The TFWP is for employers who want to hire temporary foreign workers to fill the labor shortages that can not be filled by a Canadian citizen or permanent resident.

Employers must obtain a positive Labour Market Impact Assessment (LMIA) for which they will be required to meet certain conditions. A positive LMIA is required to support the foreign national’s application for a work permit.

Employers must continue to meet the set conditions throughout the employment period of the foreign national.

The IMP is for employers who want to hire a foreign worker without obtaining an LMIA.

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What are the Employer Requirements Under the Temporary Foreign Worker Program (TFWP)?

Employers will be required to meet the following conditions to hire a foreign worker under the TFWP:

Meet the conditions set in the LMIA
Keep appropriate records to demonstrate their compliance with the program for a period of 6 years
Inform the ESDC of any errors or changes regarding the positive LMIA or the hired foreign worker
Review business activities to ensure compliance with the program
Take action to rectify any non-compliance if discrepancies are found

The ESDC has the authority to conduct a review of the employer under the TFWP in 3 forms:

Inspection: The inspection is conducted to ensure that the employer complies with the conditions described in the job offer letter and the LMIA letter to ensure that the foreign worker is not being mistreated.

Employer Compliance Review (ECR): The ECR happens before their LMIA application is approved to verify their record and compliance with the requirements of the program. If they have applied for an LMIA before, this review will attest to their past compliance.

Under Ministerial Instruction: If the ESDC discovers any new information that justifies the revocation of an approved LMIA, a review can be conducted under ministerial instruction.

These reviews are conducted only when the ESDC receives any allegation regarding an approved employer that justifies suspension or revocation of their LMIA. If their LMIA is revoked, the IRCC can also revoke the work authorization of the hired foreign worker.

A revocation can happen if the new information provides a fact for misrepresentation, negative impact on the Canadian labor market of the business or non-compliance through inspection.

What are the Employer Requirements Under the International Mobility Program (IMP)?

Employers will be required to meet the following conditions to hire a foreign worker through the IMP:

Provide competitive wages and medical insurance to their prospective employee as required by their province or territory
Ensure the foreign worker has necessary work authorization such as their Social Insurance Number (SIN) and a work permit
Comply with the conditions set out in the foreign worker’s work permit
Be actively operating the business throughout the worker’s employment period
Comply with the federal, provincial and territorial employment and hiring rules and regulations
Demonstrate that the business has fair workplace practices
Keep any appropriate documentation to demonstrate compliance with the conditions of employment for a period of 6 years
Attend and participate in any inspections and provide any documentation requested

They can be selected for an inspection based on:

Any suspicion of non-compliance
Any previous non-compliance
Random selection

They will receive a letter outlining the violated rules and resulting consequences. They will have 30 days to respond with additional information and justify their non-compliance before a final decision is made.

They can also request an extension for the response period but it is not guaranteed that it will be granted.

If it is concluded that they were in non-compliance, they will receive a final notice outlining the conditions violated, the non-compliance, appropriate penalties and what to do next.

They can justify non-compliance if the infractions happened due to:

Change in federal or provincial law
Change in a previous agreement
Change in economic conditions that directly affect the business
An unintentional error made in good faith by the employer
An unforeseen event and similar circumstances

Frequently Asked Questions (FAQs) About the Employer Immigration Compliance

They could receive penalties in the form of warnings:

Penalty fine ranging from $500 to $100,000 per violation that can also go up to $1 million for 1 year
The name and address of the business can be published on a public website with the details of the violation
Revocation of previously approved LMIA

They can be banned from applying to the TWFP and the IMP for 2 years. Any pending or previously approved LMIA can also be revoked as a form of penalty.

As an employer, if they think that any conditions of the TWFP have been violated, then they must voluntarily inform the IRCC. The IRCC can determine whether the violation requires an inspection. A voluntary disclosure can result in a reduced penalty or no penalty at all.

Questions About Immigration? My Visa Source Has Answers.

We hope that you found this resource topic informative, interesting and useful.

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Partnering with an experienced immigration lawyer can greatly increase the likelihood of achieving your specific immigration or visa goals.

Immigration is a complex process that requires strong legal strategy, precise submission of legal documents and perfect attention to detail, reducing the risk of wasted time, money or permanent rejection.

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Employer Immigration Compliance for Canadian Businesses Hiring Temporary Foreign Worker

What are the Employer Requirements Under the Temporary Foreign Worker Program (TFWP)?

What are the Employer Requirements Under the International Mobility Program (IMP)?

Frequently Asked Questions (FAQs) About the Employer Immigration Compliance

What happens if the employer is found non-compliant during an inspection under the TWFP and the IMP?

What happens if the employer is found non-compliant during ECR?

What is the Voluntary Disclosure?

Questions About Immigration? My Visa Source Has Answers.

Do You Have an Immigration Challenge That Needs Legal Help?

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Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today! Learn More

Employer Immigration Compliance for Canadian Businesses Hiring Temporary Foreign Worker

What are the Employer Requirements Under the Temporary Foreign Worker Program (TFWP)?

What are the Employer Requirements Under the International Mobility Program (IMP)?

Frequently Asked Questions (FAQs) About the Employer Immigration Compliance

What happens if the employer is found non-compliant during an inspection under the TWFP and the IMP?

What happens if the employer is found non-compliant during ECR?

What is the Voluntary Disclosure?

Questions About Immigration? My Visa Source Has Answers.

Do You Have an Immigration Challenge That Needs Legal Help?

1-(888)-509-1987

Read More About:

See What Our Clients Are Experiencing

Overall Planned Canadian Permanent Resident Admissions

Your Source For Everything Immigration

Media

SUBSCRIBE TO OUR IMMIGRATION MAGAZINE

Planning on entering the United States or Canada this year or in 2025? Avoid potential issues by consulting with a licensed immigration professional. Book a consulation today!