Canadian employers have specific obligations and duties when hiring foreign workers through the International Mobility Program. It is important to be aware of these responsibilities to ensure compliance with Canadian immigration laws and regulations. Failure to adhere to these requirements can result in legal issues and penalties.
Employers have several key responsibilities when hiring foreign workers under the International Mobility Program:
Workers’ Compensation and Medical Coverage: Employers must arrange for workers’ compensation benefits and medical coverage as required by the province or territory.
Work Authorization: Employers must ensure that the worker has the necessary work authorization. It’s important to note that a Social Insurance Number (SIN) is not proof of a valid work permit.
Compliance with Work Permit Conditions: Employers must comply with the conditions and time limits outlined in the worker’s work permit. They are legally responsible for ensuring that these conditions are met.
Business Engagement: Employers must remain actively engaged in the business that submitted the offer of employment for as long as the worker is employed.
Compliance with Employment Laws: Employers must comply with all federal, provincial, and territorial employment laws, including those related to recruiting workers.
Job and Wage Conditions: Employers must provide the worker with a job in the same occupation that was listed in the offer of employment, along with wages and working conditions that meet or exceed those listed in the offer.
Workplace Environment: Employers must make reasonable efforts to provide a workplace free of physical, sexual, psychological, and financial abuse.
Documentation Retention: Employers must keep any documentation related to the hiring and employment of the worker for a period of six years after the work permit is issued.
Inspections: Employers must attend any inspection and provide all requested documentation or information.
Employers may undergo inspections conducted by Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC)/Service Canada officers, acting on behalf of IRCC. These inspections aim to verify that employers are adhering to the conditions outlined for the International Mobility Program (IMP), ensuring that workers are treated fairly and that the program is being used appropriately.
There are three main reasons why an employer may be selected for an inspection: if there is suspicion of non-compliance, if the employer has a history of non-compliance, or if the selection is random.
Employers who have submitted an offer of employment to hire a temporary worker through the IMP are accountable for meeting program conditions and may be subject to inspection anytime from the first day the temporary worker is employed up to six years after the work permit issuance.
Even if employers have engaged an authorized representative to submit offers of employment on their behalf, they are still responsible for complying with all inspection activities and requests.
This responsibility remains regardless of the representative’s involvement in the submission process.
If chosen for an inspection, employers must show up at the designated time and place, provide the requested documents, and attend any on-site inspections if required.
Important Note: During an inspection, an officer may visit the workplace where foreign nationals work, interview both foreign and Canadian workers, and review relevant documentation.
After an inspection, if an employer is found to be non-compliant, they will receive a letter outlining the violation and the resulting penalties.
The employer then has 30 days to respond in writing, providing additional information about the violation or the penalties. This could include reasons for the non-compliance or any other relevant information for the officer’s consideration.
Employers can also request an extension beyond the initial 30 days, which will be reviewed case by case.
If the final decision confirms non-compliance, the employer will receive a final notice detailing the violated condition(s), the reasons for non-compliance, the penalties, and the next steps to take.
Penalties for non-compliance vary based on factors like the type and severity of the violation, compliance history, and business size. They can include warnings, fines from $500 to $100,000 per violation (up to $1 million yearly), bans from one to ten years, or permanent bans for serious violations. Employers may also have their name and penalty published, face refusal of work permit applications, or have previously-issued permits revoked.
Employers who believe they may have violated the IMP conditions should take steps to comply and voluntarily disclose this information to IRCC. IRCC will assess the disclosure’s relevance and credibility, and the severity of the possible violation to determine if an inspection is needed. Not all disclosures result in inspections.
For a disclosure to be accepted, it must be complete, and the employer must not already be under IMP inspection or other enforcement actions.
If an inspection occurs after a voluntary disclosure and non-compliance is found, the employer may face a reduced penalty or none at all.
Factors considered for a reduced penalty include the completeness and voluntariness of the disclosure, the violation’s impact on foreign and Canadian workers, the timeliness of the disclosure, and the employer’s disclosure history.
Contact Scope Immigration for assistance in ensuring your compliance with International Mobility Program regulations. We can help you navigate the complexities of hiring foreign workers and ensure that you meet all necessary requirements.
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