When hiring foreign workers via the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP), Canadian companies must adhere to strict conditions. Immigration to Canada is focused on ensuring that employers comply with all relevant foreign worker policies, laws, and regulations. Learn more below.
Employers who have recruited foreign nationals under either the TFWP or the IMP could be subject to an inspection or compliance review at any point within six years following the issuance of a work permit.
Immigration to Canada helps Canadian employers address labor shortages through the Temporary Foreign Worker Program (TFWP). This program allows employers to hire foreign workers after obtaining a Labour Market Impact Assessment (LMIA). An LMIA ensures that hiring a foreign worker will not negatively impact the Canadian labor market. Employers are required to meet conditions such as specific salary levels and favorable working conditions. Compliance with these conditions must be observed throughout the entire period of the foreign worker’s employment.
The International Mobility Program (IMP) provides a pathway for Canadian employers to hire foreign nationals without needing an LMIA. Work permits under the IMP include options like CUSMA Work Permits and Intra-Company Transfer Work Permits. Similar to the TFWP, the IMP also requires employers to adhere to certain conditions for the duration of the foreign national’s employment.
At Immigration to Canada, we ensure that employers understand and comply with all regulatory requirements, facilitating a smooth hiring process under both the TFWP and IMP.
At Immigration to Canada, we ensure that Canadian employers understand their obligations when hiring foreign workers through the Temporary Foreign Worker Program (TFWP). The Canadian government has implemented strict rules to ensure that the arrival of foreign workers does not adversely affect the domestic workforce and that their rights are fully protected.
Employer Duties
Canadian employers must adhere to several important guidelines, including:
Employers must meet all the conditions and requirements set forth in the Labour Market Impact Assessment (LMIA) application, the decision letter, and any associated annexes.
Maintain all records related to their LMIA application, along with any other documents demonstrating compliance with TFWP conditions, for at least six years.
Notify Employment and Social Development Canada (ESDC) or Service Canada of any changes or mistakes concerning an approved LMIA or the employment status of the foreign worker.
Perform regular reviews of activities related to employing temporary foreign workers to ensure continuous adherence to TFWP conditions.
Promptly correct any errors or issues of non-compliance as soon as they are identified.
At Immigration to Canada, we prioritize ensuring that employers using the Temporary Foreign Worker Program (TFWP) adhere to all legal and ethical standards. Employment and Social Development Canada (ESDC) and Service Canada hold the power to review an employer’s activities related to their Labour Market Impact Assessment (LMIA) or an LMIA application through one of the following investigative methods:
During any review process, LMIAs might be temporarily put on hold. This suspension prevents foreign workers from obtaining work permits from Immigration, Refugees and Citizenship Canada (IRCC) while the review is underway.
Inspection
The goal of an inspection is to confirm that the employer remains compliant with the conditions stated in the job offer, the positive LMIA letter, and its annexes. This ensures that foreign workers are treated fairly and that the TFWP is being employed correctly. Inspections can be conducted at any time up to six years after the date when the authorized employment period began for which the work permit was granted.
Immigration to Canada may select an employer for a workplace inspection for three main reasons:
Employers are required to:
Non-Compliance Notification
Employers identified as non-compliant by Immigration to Canada will receive a notification letter detailing the specific violation and any associated penalties (outlined below).
Response Period
Upon receiving the notification, employers have 30 days to submit a written response. This response can include additional information regarding the violation, the penalties involved, or both. Employers may choose to offer an explanation for their non-compliance as well as other relevant factors or considerations they wish the reviewing officer to know before a final determination is made.
Extension Requests
Requests for extensions beyond the initial 30-day response period will be considered on a case-by-case basis.
Final Notice
Should the final determination confirm non-compliance, the employer will receive a final notice. This document will detail the violated conditions, how the employer failed to comply, the reasoning behind the decision, the penalties imposed, and the subsequent steps to follow.
Unlike traditional inspections, Employer Compliance Reviews (ECRs) take place before Immigration to Canada approves a Labor Market Impact Assessment (LMIA) application. These reviews ensure past adherence to program requirements related to wages, job roles, and working conditions. Returning employers declare this compliance on their LMIA application forms. Immigration to Canada may review an employer’s compliance history for up to six years before the LMIA application is submitted.
Employer Obligations
Employers hiring foreign workers must ensure that they are:
What Employers Should Expect During an ECR
When reapplying to the Temporary Foreign Worker Program (TFWP), employers might undergo a document-based review to verify if they have met wage, job role, and working condition stipulations. They will be required to submit documents to prove their compliance. During the review, employers can justify any initial findings of non-compliance and may have the opportunity to correct these issues.
Pending LMIA applications may not be finalized until the ECR is finished.
Penalties for Non-Compliance
Employers who fail to prove their past compliance will be deemed non-compliant. Consequences include:
The purpose of conducting a review under Ministerial Instruction is to assess whether new information received by ESDC/Service Canada warrants the revocation of an already approved LMIA (Labor Market Impact Assessment). This review can take place at any time after a positive LMIA has been issued. Employers will be subject to this review only if ESDC/Service Canada receives an allegation via the tip line that may justify the suspension or revocation of an LMIA based on public policy considerations.
During the review period, the LMIA in question will be temporarily suspended. Expectations for Employers during a Review under Ministerial Instruction
Employers undergoing this type of review will:
Revocation
Revocation is defined as the permanent cancellation of an LMIA or the cancellation of one or more positions on the LMIA. Once an LMIA is revoked, it cannot be used to obtain a work permit from IRCC (Immigration, Refugees, and Citizenship Canada). If an LMIA is revoked after a work permit has been issued, IRCC may also revoke the associated work permit from the foreign worker.
Immigration to Canada urges employers who suspect they might have breached the Temporary Foreign Worker Program (TFWP) conditions to take immediate corrective actions. Additionally, they should voluntarily disclose these possible violations to Immigration, Refugees and Citizenship Canada (IRCC). Upon receiving the disclosure, IRCC will evaluate its relevance and credibility, assess the potential violation’s severity, and decide if an inspection is warranted. It’s important to note that not every disclosure will result in an inspection.
If an inspection is initiated following a voluntary disclosure and the employer is deemed non-compliant, a reduced penalty or even no penalty may be applied. IRCC will consider various factors when deciding on reduced penalties, such as:
Employer compliance in Canada means adhering to all laws and regulations governing the hiring of foreign workers. This includes fulfilling employment agreement conditions, paying fair wages, ensuring safe work conditions, and meeting all immigration laws and standards.
Key responsibilities include obtaining a positive Labour Market Impact Assessment (LMIA), providing accurate information in the job application, complying with labor laws, and offering conditions matching the employment agreement.
An LMIA is a document an employer must obtain to hire a foreign worker. A positive LMIA shows that hiring a foreign worker is necessary and no suitable Canadian citizens or permanent residents are available for the role. It is required for most temporary foreign workers, except for certain programs like the International Mobility Program.
Penalties can range from warnings and fines to a ban on hiring foreign workers for a specified period. Severe cases can result in the employer being listed as non-compliant, leading to significant reputational and financial damage.
Employers must keep all documents related to the employment of foreign workers, such as copies of LMIA, employment contracts, payroll records, and any correspondence with immigration authorities. These documents should be kept for at least 6 years from the date of hire.
Employers can prepare by strictly adhering to all legal requirements throughout the foreign worker hiring process. This includes maintaining accurate documentation, regularly reviewing all relevant documents, and ensuring working conditions match those stated in contracts. Consulting immigration lawyers or experts for further guidance is also advisable.
Need Any Help, Call Us 24/7 For Support
info@immigrtiontocanada.com
405-1275 Finch ave West, Toronto,ON M3J 2G5
Company services and contacts.
It all begins with a simple step – completing our immigration assessment form.
With a team of seasoned immigration professionals, we specialize in providing tailored solutions for your journey to Canada.
info@immigrtiontocanada.com
Mon – Sat: 8:00 am to 6:00 pm Sunday: Closed
405-1275 Finch ave West, Toronto,ON M3J 2G5
Discover everything you need to know about our services and how we can help you on your journey. Simply leave your email address below, and we’ll send the brochure straight to your inbox.