Employers hiring temporary foreign workers can be inspected to verify compliance with the conditions attached to the Temporary Foreign Worker Program or International Mobility Program. Compliance should be managed throughout the employment period rather than only when an inspection notice arrives.
Six-year record retention
TFWP employers must keep relevant compliance records for six years beginning on the first day of the employment period for which the work permit was issued. IRCC states that IMP inspections can occur during employment or up to six years after a work permit is issued.
LMIA employer compliance audit preparation
Employers facing an ESDC or IRCC inspection should preserve payroll, employment contracts, time records, recruitment evidence and records of any changes in wages, duties or working conditions. The inspection regime and obligations depend on whether the worker was hired through the Temporary Foreign Worker Program or International Mobility Program. Review our LMIA services and book an employer compliance consultation before responding to a formal request.
What inspectors may review
- Whether the employer remains actively engaged in the business
- Wages and benefits actually paid
- Job duties, occupation and working conditions
- Work location and hours
- Recruitment and LMIA commitments where applicable
- Transition-plan or Labour Market Benefits Plan commitments where applicable
- Employer Portal offer information for IMP workers
- Efforts to provide an abuse-free workplace
- Payroll, time records, employment agreements and other supporting documents
Inspections can include interviews and site visits
An inspection may be documentary or include an on-site component. Inspectors may interview the employer, worker or other relevant persons and require records demonstrating compliance. Failure to cooperate can itself result in non-compliance.
Potential consequences
Depending on the violation and applicable regime, consequences can include warning letters, administrative monetary penalties, bans from hiring temporary foreign workers and publication on the government’s list of non-compliant employers. Employers should respond to inspection requests carefully and within the stated deadline.
Voluntary disclosure
Where an employer identifies a potential compliance issue, the IMP includes a voluntary-disclosure process. Whether disclosure is appropriate and how a discrepancy should be addressed requires case-specific assessment.
Employer Compliance Guide
For a practical overview of inspections, document requests and site visits, read Employer Compliance Inspections: What Employers Should Expect.
Compliance Support for Employers
Compliance obligations can arise from both TFWP and LMIA hiring and International Mobility Program hiring. Employers should address discrepancies before they become inspection findings. For an individualized review of an inspection, response or compliance issue, book a consultation.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.