Canadian employers have specific responsibilities when employing foreign workers through the Temporary Foreign Worker Program (TFWP). Failure to comply can lead to penalties, closure, or both. To ensure compliance, please review this page and reach out to us for any questions, queries, or TFWP assistance.
When hiring foreign workers through the Temporary Foreign Worker Program (TFWP), Canadian employers have specific obligations to fulfill. These responsibilities are crucial to ensuring compliance with the program and avoiding penalties or closure.
Employers must adhere to the conditions and requirements outlined in their Labour Market Impact Assessment (LMIA) application, the LMIA decision letter, and annexes. They are also responsible for maintaining all records related to their LMIA application and other documents demonstrating compliance with program conditions for a minimum of six years. Additionally, employers must promptly inform Employment and Social Development Canada (ESDC)/Service Canada of any changes or errors concerning an approved LMIA or temporary foreign worker.
Regular reviews of activities related to the employment of temporary foreign workers should be conducted to ensure ongoing compliance with the Temporary Foreign Worker Program (TFWP) conditions.
Important Note: Any errors or instances of non-compliance should be addressed immediately upon discovery.
Inspections are conducted to verify that employers continue to meet the conditions outlined in their offer of employment, the positive Labour Market Impact Assessment (LMIA) letter, and its annexes. This process ensures that workers are not mistreated and that the Temporary Foreign Worker Program (TFWP) is used appropriately. Inspections can occur at any time within six years following the authorized employment period for which the work permit was issued.
Employers may be selected for inspection due to suspicion of non-compliance, past non-compliance issues, or random selection.
Employers must:
During an inspection, an officer may enter and inspect any place where foreign nationals work and interview foreign or Canadian workers.
Employers found non-compliant may face penalties based on a points system considering the violation type, compliance history, severity, business size, and voluntary disclosure.
Penalties may include warnings, monetary penalties ranging from $500 to $100,000 per violation (up to $1 million over a year), bans of one to ten years, or permanent bans, and publication of violations.
Non-compliant employers receive a letter explaining the violation and penalties. They have 30 days to respond, with possible extension requests.
Justifications for non-compliance include changes in laws, collective agreements, economic conditions, unintentional errors, natural disasters, and similar situations. Employers must submit information and evidence to explain and justify non-compliance to IRCC during an inspection to avoid being found non-compliant.
In the course of a review, employers will receive one of two initial outcomes:
In the event of a “non-compliant” outcome, a positive Labour Market Impact Assessment (LMIA) will not be issued, and the LMIA processing fee will not be reimbursed.
At Scope Immigration, we specialize in helping employers navigate the intricacies of the Temporary Foreign Worker Program (TFWP) to ensure compliance with all program requirements. Our team of experienced immigration professionals is dedicated to providing comprehensive support tailored to your specific needs.
Choosing Scope Immigration means partnering with experts who understand the complexities of the TFWP. We offer personalized solutions and end-to-end support, from initial consultation to application submission and compliance management. With our team on your side, you can rest assured that your TFWP requirements are being handled with care and expertise.
We assist employers in conducting compliance reviews, preparing documentation for TFWP applications, providing strategic advice to maintain compliance, and offering training and educational resources to ensure understanding of TFWP requirements.
Contact Scope Immigration today for expert guidance and support with your TFWP compliance needs.
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