Employer Compliance under the Temporary Foreign Worker Program

Inspections and Audits

Regardless if an employee is hired under an LMIA, or LIMA-exempt stream, employers should be aware of the risks involved. The temporary foreign worker program is governed by the Immigration Refugee and Protection Regulations and Acts, and more recently, the Quarantine Act, which require employers to provide substantially the same working conditions as initially offered to the employee. Employers are required to keep records of their hiring efforts, job descriptions, pay information, and other documentation associated with a foreign worker, up to six years after their hire.

What are the penalties for non-compliant employers?

Violations under the temporary foreign worker program could range from warnings, to monetary penalties, to a ban from the program. Employers can be selected at random for an inspection or can be pursued as part of a complaint. HRI can help companies be proactive in preparing for a potential audit or can help if an employer is selected.

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