The employer must:
Employers may be subject to an inspection by an Immigration, Refugees and Citizenship Canada (IRCC) officer or an Employment and Social Development Canada (ESDC)/Service Canada officer acting on behalf of IRCC.
The purpose of an inspection is to make sure the employer continues to satisfy the conditions set out above, thereby ensuring that workers are not mistreated and ensuring that the International Mobility Program is being used as intended.
There are three reasons an employer could be selected for an inspection:
The employer who submits the offer of employment to IRCC to hire a temporary worker will be responsible for meeting the program conditions and may be selected for an inspection at any time after the first day the temporary worker is employed and up to six years after their employment has ended.
Employers who have retained the services of an authorized representative to submit offers of employment on their behalf are still responsible for complying with all inspection activities and requests.
If selected for an inspection, the employer must:
During an inspection, an officer may also enter and inspect any place in which a foreign national performs work and interview any foreign or Canadian workers at the worksite.
Employers who are found to be non-compliant will receive a letter that explains the violation and the resulting penalties (outlined below).
From this point, the employer will have 30 days to respond in writing with additional information regarding the violation, the resulting penalties, or both. This may include justification for non-compliance, as well as any other factor or consideration that the employer feels is important for the officer to know before a final decision is made.
Employers may also ask for an extension beyond the initial 30 days for responding. Extension requests will be considered on a case-by-case basis.
If the final decision is a finding of non-compliance, the employer will receive a final notice, which includes information about the condition(s) violated, how the employer failed to comply, the reason(s) for the decision, the penalties and next steps to take.
In some cases, non-compliance may be justified. Violations may be justified if they are the result of:
During an inspection, and before a final decision of non-compliance is made, the employer should submit information and supporting evidence that explains how the non-compliance is justified to IRCC. If the officer finds the justification acceptable, the employer may avoid being found non-compliant.
New regulations for employers found non-compliant came into effect on December 1, 2015.
Employers who were found non-compliant for a violation that occurred before December 1, 2015 had their name and address added to a list of employers who failed to comply with the conditions. Employers on this list are not be able to hire temporary workers through the Temporary Foreign Worker Program or the International Mobility Program for a period of two years starting on the date the decision was made.
Employers who were found non-compliant for a violation that occurred on or after December 1, 2015 could face a range of consequences. These are determined on a points system that considers:
Possible penalties may include:
Employers who think they may have violated the conditions of the International Mobility Program are encouraged to take necessary actions to become compliant and to voluntarily disclose this information to IRCC. IRCC will determine if the information received is relevant and credible, and will assess the severity of the possible violation. IRCC will then determine if an inspection is necessary. Not all disclosures will lead to an inspection.
For a disclosure to be accepted by the officer, the disclosure must be complete and, at the time the disclosure is made, the employer must not already be the subject of an IMP inspection or any other enforcement action related to an offence under the Immigration and Refugee Protection Act.
If an inspection is conducted after a voluntary disclosure and the employer is found non-compliant, the employer may face a reduced penalty or no penalty at all. In such cases, IRCC will consider a number of factors to determine if the employer qualifies for a reduced penalty, including: