by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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IRCC Employer Compliance: What Canadian Employers Need to Know in 2025
Hiring talent through Canada’s International Mobility Program or the Temporary Foreign Worker Program comes with clear obligations. This guide explains IRCC employer compliance requirements from start to finish, including the Employer Portal, the employer compliance fee, inspections, possible penalties, and practical steps to build a strong compliance program. If you set up simple processes early, IRCC employer compliance becomes manageable and repeatable across your organization.
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Employer Portal: Offers of Employment and the Compliance Fee
Most LMIA-exempt hires require an Employer Portal submission and a CAD $230 employer compliance fee. The portal creates an offer of employment number that the worker uses in their work permit application.
Employer Inspections: What IRCC May Ask For
IRCC can review your business after a hire to confirm you met the terms declared in the Employer Portal or the LMIA decision letter. Inspections may request payroll records, time sheets, job descriptions, proof of location, business licences, and proof of wages and working conditions.
Penalties for Non-Compliance
If found non-compliant, employers can face administrative monetary penalties, publication on a public non-compliant list, and temporary or permanent hiring bans.
Build a Practical Employer Compliance Program
- Map the work authorization: LMIA or LMIA-exempt, correct exemption code, duration, location, and NOC.
- Create a document kit: offer letter, job description, wage grids, timekeeping, benefits summary, health and safety policy, and onboarding records. Retain this for at least six years.
- Set wage and duty controls: if duties or wage change, assess whether a new work authorization is required before implementing changes.
- Calendar critical dates: work permit expiry, status changes, relocations, leaves, and promotions that may affect work permit conditions.
- Train managers: supervisors should know the worker’s permit conditions to avoid unauthorized locations or duties.
- Prepare for inspections: assign a single owner for inspection responses, with draft templates and a data room ready.
- Use voluntary disclosure when needed: if you discover an issue, consider reporting it through the available channels before an inspection.
Common Triggers for IRCC Employer Reviews
- Anonymous tips or complaints
- Inconsistencies between the Employer Portal details and the actual job
- Multiple hires under the same exemption without adequate records
- Frequent work location changes without updated authorisation
When to Consult Counsel
If an inspection starts, timelines can be short. Legal counsel can help you scope requests, frame your responses, and minimize risk. For support, contact our team here.
At Zohil-Morton Law, we provide trusted legal advice to help you navigate complex Canadian immigration processes.
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Related Services and Blogs at Zohil-Morton Law
- Corporate Immigration Law Firm Toronto
- Corporate Immigration: Hiring Global Talent
- Global Mobility Solutions
- LMIA Process in Canada
- Book a Consultation
We’re here to keep you informed and empowered on your Canadian immigration journey.
This article is for informational purposes only and does not constitute legal advice. Please consult a licensed immigration professional regarding your specific situation.
Employer Compliance FAQ
What is IRCC employer compliance?
It is the system IRCC uses to ensure employers who hire LMIA-exempt workers meet the conditions they declared in the Employer Portal, including wages, duties, location, and compliance with Canadian laws.
Who must use the Employer Portal and pay the compliance fee?
Employers hiring LMIA-exempt workers under the International Mobility Program usually must submit an offer of employment through the Employer Portal and pay the CAD $230 employer compliance fee. Employers hiring through the TFWP or workers on valid open work permits are generally exempt.
How long must we keep records?
Keep all relevant records for at least six years, including proof of wages, duties performed, work location, and onboarding documents.
What happens during an employer inspection?
IRCC may request payroll, time sheets, contracts, duty descriptions, proof of business operations, and proof that wages and conditions match what was declared. There will be deadlines in which you will need to abide by.
What are the penalties for non-compliance?
Penalties can include monetary fines, hiring bans, and publication on the list of non-compliant employers. Serious or repeated violations can lead to longer bans.
What if we discover an error after hiring?
Consider voluntary disclosure as soon as possible and seek legal advice. Early disclosure can reduce risk during a later inspection.
When should we contact a lawyer?
Contact counsel when planning your first IMP or TFWP hire, when you change a foreign worker’s duties or location, or immediately upon receiving an inspection notice.
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