Employer compliance and worker protections

Overview

Employer compliance and worker protections

Employers hiring temporary foreign workers must provide the promised occupation, wages and working conditions, comply with employment and recruitment laws and remain able to prove compliance during inspections.

The LMIA or Portal offer sets the baseline

Inspectors compare the actual employment with the LMIA decision and annexes or IMP offer. Wages and conditions must be substantially the same and no less favourable.

Employers must remain actively engaged in the business and make reasonable efforts to provide an abuse-free workplace.

Records are retained for six years

Keep payroll, time, recruitment, job, housing and immigration records from the first day of the authorized employment. Document changes and their reasons.

ESDC or IRCC can inspect during employment or within the regulatory period afterward.

Inspections can be broad

They may be random, risk-based or triggered by suspected non-compliance. Officers can request records, interview workers and staff and conduct announced or unannounced visits within legal authority.

Respond by the stated deadline and preserve the exact materials provided.

Consequences scale with the violation

Results can include warnings, penalties up to $100,000 per violation and $1 million per year, temporary or permanent program bans and publication.

Voluntary disclosure before an inspection may reduce consequences when complete, timely and accompanied by corrective action, but it does not erase the breach.