Employer Compliance Inspections: What Employers Should Expect
· Harjeet Arora, RCIC-IRB
Employers who hire temporary foreign workers can be inspected to verify compliance with the conditions attached to the LMIA or employer-specific work authorization. Inspections may be triggered by concerns, past non-compliance or random selection.
What inspectors can review
Inspectors can review LMIA and employment records, interview workers and employees, and verify whether the employer remains in the same business and is providing the job, wages and working conditions represented in the application.
Keep records
TFW Program employers are generally required to retain relevant records for six years from the worker’s first day of employment under the applicable authorization.
On-site and virtual inspections
Inspections can be announced or unannounced and can include on-site or virtual components. Failure to cooperate can itself create serious consequences.
Potential consequences
Non-compliance can lead to findings, administrative monetary penalties, program bans and public listing depending on the applicable regime and severity.
See Employer Compliance & Inspections.
Related guidance: LMIA business legitimacy documents.
Preparing for an inspection
Maintain an organized record of job offers, wages paid, hours, work locations and changes to duties. Designate a knowledgeable contact who can locate records promptly and explain differences between the original application and current operations. Review obligations under the specific TFWP or IMP regime.
General information only. Employer obligations depend on the program and authorization used.