Do you have questions about the employer requirements under the Temporary Foreign Worker Program (TFWP) or International Mobility Program (IMP)?
Do you need to make a Voluntary Disclosure or respond to an Employer Compliance Inspection?
We will advise you on your duties as an employer or prospective employer of foreign workers.
What you need to know
What are my obligations as an employer to my foreign workers?
If you hire foreign workers under the Temporary Foreign Worker Program with an LMIA or via the International Mobility Program, your employer obligations include:
Provide foreign workers with information on their rights under federal and provincial law at the time of their hire and on an ongoing basis
Provide all foreign workers with a written, signed employment agreement before the foreign worker’s first day of work
Provide foreign workers with employment in the same job as stated in the employment offer
Pay foreign workers wages that are substantially the same but not less favourable than those in the offer of employment filed with IRCC or listed on the LMIA (pay raises may be acceptable up to the current rate of inflation for the year, but the reason for the raise will be reviewed)
Increase wages as required to keep up with the median prevailing wage at least once every 12 months
Provide working conditions (including occupation/job description) that are substantially the same but not less favourable than those in the offer of employment or listed on the LMIA
Don’t charge or recover fees relating to recruitment from foreign workers, directly or indirectly. This includes a one-time or recurring fee for recruitment, referral, or placement services
Provide private health insurance for periods when the foreign worker is not covered by their provincial health insurance system (if required).
Allow foreign workers access to healthcare services if they become ill or injured at work
Comply with all federal and provincial and/or territorial laws that regulate employment and recruiting
Remain engaged in the same business
Provide an abuse-free workplace
Fulfill any LMIA commitments
Prove efforts to hire and/or train Canadians or permanent residents (if that was one of the factors for hiring the foreign worker listed on the LMIA)
Prove that the information provided in the LMIA application or offer of employment filed with IRCC is accurate
Employers can be subject to inspection for up to six years after a foreign worker is issued an employer-specific work permit.
What happens if I don’t have the right documents?
If you are found to be employing foreign workers without the necessary immigration permits or found to be noncompliant with any of the employer obligations, you could face serious consequences. These include fines of up to CA$100,000 and a permanent ban on hiring foreign workers.
How can Lighthouse Immigration Law help?
If you have questions about compliance with Canadian immigration laws or have been contacted about an employer-compliance inspection and are not sure if you’ve complied with your employer obligations, contact us today.
We have extensive experience in this area and will help you to determine what you need to do to remain or become compliant.
We’re here to help