Compliance and Inspection for Businesses

Corporations hiring foreign workers in Canada must carefully comply with both federal and provincial immigration laws, including work permit conditions and employer obligations. Immigration authorities closely monitor compliance, conducting inspections to verify that employers meet all regulatory requirements. Failure to comply with these regulations can result in fines, penalties, or bans from hiring foreign workers. Corporations must navigate the complex processes and evaluations to ensure they have proper authorization to hire and employ foreign workers.

At Zohil-Morton Law, we offer legal guidance to corporations on immigration compliance, helping employers prepare for inspections, respond to audits, and address non-compliance issues. We work closely with corporations to ensure all legal requirements are met when bringing foreign talent into Canada, protecting their right to do so and avoiding the risk of sanctions or penalties.

Employer Compliance Requirements

Corporations employing foreign workers under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) must comply with regulatory requirements and immigration laws. At any point, corporations may be subject to an inspection or review by Employment and Social Development Canada (ESDC) to verify that employer obligations are being met. To ensure compliance with Canadian immigration policies, corporations must do the following, among other requirements:

• Satisfy the requirements of an approved Labour Market Impact Assessment (LMIA);
• Retain all relevant records for a minimum of six years;
• Notify ESDC of any changes or errors in an approved LMIA; and,
• Address any compliance issues proactively and notify ESDC of any discrepancies.

Immigration Compliance Reviews

Employer compliance reviews are conducted to ensure that corporations comply with the terms and conditions of their previously approved LMIAs, offers of employment, and other related documentation. These reviews assess whether employers have fulfilled the commitments made in their LMIAs or initial offers of employment made to foreign workers, ensuring compliance with specified requirements and with other relevant regulations. This process helps maintain the integrity of Canada’s foreign worker programs and ensures that employers remain compliant with immigration regulations.

Immigration Inspections and Audits

Inspections and audits, if conducted, occur within the first 6 years of a foreign national’s work permit to ensure that foreign workers are treated fairly and in accordance with the terms outlined in their original LMIA or offer of employment. These inspections and audits ensure that employers are fulfilling their obligations and that the rights of foreign workers are respected throughout their employment, while also ensuring compliance with other relevant regulations. This process supports the integrity of Canada’s foreign worker programs and fosters a fair and transparent system for both corporations and foreign workers.

Consequences of Non-Compliance

Corporations found to be non-compliant with Canadian immigration regulations may face serious consequences, including:

• A formal warning;
• Penalties of up to CAD $100,000 per violation;
• A permanent ban from the TFWP and the IMP;
• Public disclosure of the corporation’s name and address in Immigration, Refugee, Citizenship Canada’s (IRCC) “Employers Who Have Been Found Non-Compliant” page, including details of the violations and their consequences; and,
• Suspension or revocation of previously issued LMIAs.

To avoid these consequences, it is essential to maintain full compliance with all requirements of Canada’s immigration laws for foreign workers.

Legal Support for Compliance and Inspections

Proactive compliance measures help businesses avoid penalties and ensure continued access to foreign labour. At Zohil-Morton Law, we assist companies in meeting employer obligations, preparing for inspections, and addressing compliance challenges. Let us help ensure that your business is, and remains, fully compliant with ESDC’s corporate obligations and Canada’s immigration laws.

If you are seeking professional advice on Canadian immigration matters, we are here to offer professional guidance and trusted, personalized support. With expertise in Canadian Immigration Law, we provide tailored legal services to ensure your immigration process is seamless and stress-free. Contact us today to schedule a consultation and take the first step toward your Canadian immigration journey.