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If you hold a Canadian work permit through the SUV or one of the other International Mobility programs, you need to be prepared for a possible inspection. Recently, we have observed a significant increase in compliance inspections. Employers who hire foreign workers, or applicants who come to Canada through the International Mobility Program (IMP), such as the Start-up Visa and ICT, C10, C11, C16 and C20 programs, are subject to compliance inspections by Immigration, Refugees, and Citizenship Canada (IRCC).
These administrative evaluations ensure that employers adhere to federal or provincial laws regulating the employment or recruitment of employees, including foreign nationals, in the province where the foreign national works. They can be initiated anytime from the first day of employment up to six years after the work permit is issued.
Even if you are self-employed, and have issued yourself a job offer, such as through the LMIA exempt streams of SUV, and C10/C11 you are subject to these audits. If you are found to be out of compliance, the Canadian government could fine you and even ban you from the program. It is essential to know the compliance standards to avoid these dire consequences.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
Employers are obligated to ensure compliance and the well-being of their employees in the following areas:
* Ensure wages and working conditions meet or exceed those specified in the employment offer.
* Guarantee the job matches the description in the employment offer.
* Make reasonable efforts to provide an abuse-free workplace, including protection against reprisals, as defined in R196.2 of the IRPR.
* Demonstrate active engagement in the business and comply with all relevant employment laws.
* Provide the most recent information on foreign workers' rights in Canada, in their preferred official language, before their first day of work and throughout their employment.
* Prohibit the charging or recovery of compliance fees or recruitment fees from foreign workers.
* Keep all documentation related to hiring and employing the worker for six years after the work permit is issued.
* Attend inspections and provide any requested documents or information.
If you have an employer who is looking to hire you and either you or they need help going through the LMIA or Provincial Nomination process or any other work permit-based program, reach out to our specialized B2B team at our office in Canada. You can also apply for a FREE email assessment using this link.
All inspections for employers within the IMP are carried out by employees of the IRCC.), while inspections for employers under the Temporary Foreign Worker Program (TFWP) are handled by Employment and Social Development Canada (ESDC) employees.
The purpose of an inspection is to ensure that workers are treated fairly and the International Mobility Program (IMP) is used correctly.
There are three reasons why an employer might be inspected:
1: There's suspicion of non-compliance.
2: The employer has a history of non-compliance.
3: The employer was chosen randomly.
If you're the employer who submitted the offer of employment to IRCC to hire a temporary worker, you're responsible for following the program conditions. Even if you've hired someone else to submit offers of employment for you, you will still be the one held responsible for following all inspection activities and requests.
If you have an employer who is looking to hire you and either you or they need help going through the LMIA or Provincial Nomination process or any other work permit-based program, reach out to our specialized B2B team at our office in Canada. You can also apply for a FREE email assessment using this link.
An IRCC officer may send you prior notice via Canada Post's Connect service to inform you about an inspection under the IMP ensuring compliance with immigration regulations. They might issue Form ADM 0042, requesting the completion and submission of additional documentation related to the specific aspect they are inspecting. For instance, they may request payroll records for a certain period.
If you receive this email you need to respond promptly with the following steps:
* Provide the requested documents mentioned in the letter you received.
* Participate in any on-site inspections if asked.
* Show up at the specified time and place to answer questions if they request a call interview.
Keep in mind that during an inspection, officers may enter and inspect any place where a foreign national works and talk to any foreign or Canadian workers there.
If an employer is found to be non-compliant, they'll receive a letter explaining the violation and the penalties. You’ll have 30 days to respond in writing with more information about the violation, the penalties, or both. You can explain why you didn't comply or any other factors the officer should consider before making a final decision.
You can also ask for more time beyond the initial 30 days to respond, depending on the situation.
If the final decision is that you're not compliant, you'll receive a final notice detailing the violation, why you failed to comply, the penalties, and what to do next.
Justification for Non-Compliance
Sometimes, not following the rules might be justified. This could happen if:
* There's a change in federal or provincial law.
* There's a change in a collective agreement.
* There's a major change in economic conditions affecting your business.
* You made an honest mistake, like a clerical error, and you tried to fix it.
* There's an unexpected event, like a natural disaster.
Before a final decision is made during an inspection, you should explain why you didn't comply with IRCC. If the officer agrees with your explanation, you might avoid being found non-compliant.
If you're found non-compliant, there could be consequences based on:
* The type of violation.
* Your compliance history.
* The seriousness of the non-compliance.
* The size of your business (for financial penalties only).
* Whether you told authorities about the non-compliance before they found out.
Consequences might include:
* Warnings.
* Fines ranging from $500 to $100,000 per violation, up to $1 million in a year.
* Bans from employing workers for a period.
* Having your company's name and penalty published.
* Refusal of work permit applications.
* Revocation of previously issued work permits.
* you will also be listed publicly among employers found non-compliant
If you think you broke the rules, it's best to come forward and fix it. Tell the IRCC what happened. They'll decide if they need to inspect further. Not all disclosures lead to inspections. For your disclosure to be accepted, it must be complete and voluntary. You must not be under inspection or facing enforcement already.
If you're inspected after disclosing and found non-compliant, your penalty might be reduced or forgiven. The IRCC will consider things like how complete your disclosure was, how voluntary it was, and how it impacted workers and the economy.
Do you want to become a PR in Canada? At INGWE we could support you! Get a FREE email assessment with one of our licensed immigration consultants. We speak over +8 languages and we have helped applicants from +50 countries in their immigration path to Canada. Fill out our form, click here.
In short, don't panic if you are contacted by an IRCC inspector. The important thing is to be aware of your responsibilities as soon as you enter Canada, so you can follow the correct procedures and avoid any issues. If any honest mistakes occur, there is usually room to explain them, provided no major breaches have taken place.
If you’re thinking about immigrating whether permanently or temporarily - you’re at the right place! Our team speaks over +9 languages, and we help applicants from over 50 different countries during their immigration process. Get a FREE email assessment, click here.
If you’re ready to apply and would like a 1-on-1 session with me or one of immigration team members at INGWE, you can also book a session directly using this consultation link.
