Canada places a strong emphasis on protecting the rights of temporary foreign workers while ensuring employers meet their legal obligations. If you are an employer hiring through the International Mobility Program (IMP) or a foreign worker concerned about workplace rights, understanding employer compliance inspections in Canada is crucial.
What is an Employer Compliance Inspection?
An employer compliance inspection is a review conducted by Immigration, Refugees and Citizenship Canada (IRCC) to verify whether employers hiring temporary foreign workers are meeting their obligations under Canadian immigration and labour laws.
According to the Government of Canada:
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Inspections can occur at any point during a worker’s employment and up to six years after a work permit is issued.
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Inspections may include on-site visits, interviews with employees and staff, and a review of employment records.
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Employers must provide accurate documentation and demonstrate compliance. Failing to cooperate may result in non-compliance findings.
Employer Responsibilities During Inspections
To remain compliant, employers must:
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Ensure job duties, pay, and working conditions match what was stated in the employment agreement and uploaded to the Employer Portal.
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Maintain accurate records, including cases where a worker leaves employment before their permit expires.
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Post the “Know Your Rights” information for workers in a visible and accessible location.
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Use the voluntary disclosure mechanism to report any potential non-compliance to IRCC.
These requirements are designed to safeguard the rights of foreign workers while maintaining program integrity.
Consequences of Non-Compliance
If an employer is found non-compliant:
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They will have an opportunity to explain their situation.
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Fines must be paid or arrangements made within 30 days.
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Penalties vary depending on the severity of the violation.
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Employers who receive fines or program bans will be added to a public list of non-compliant employers on the Government of Canada’s website.
This public listing can significantly affect a business’s reputation and future ability to hire foreign workers.
Why This Matters for Foreign Workers and Employers
For foreign workers, these inspections provide assurance that their rights will be protected in the workplace. For employers, it underscores the importance of strict compliance with program rules to avoid financial and reputational damage.
Staying informed, maintaining proper records, and being proactive in compliance can help avoid penalties and support a fair and transparent hiring process. We work with Canadian enterprises to ensure they remain vigilant and compliant. Contact us to book an appointment.
