Employer Compliance

The obligations that continue long after the worker starts.

A person making notes on sticky notes beside a laptop

What this program is

Hiring a foreign worker creates continuing legal obligations, and this is the part employers most often overlook because it has no deadline attached to it. The commitments made in the job offer — wages, working conditions, occupation, location — are enforceable, and the employer must keep them substantially as offered.

Employers are subject to inspection, and an inspection can occur years after the hire, including after the worker has moved on. Records must be retained for a period set in regulation, which means the paperwork assembled during recruitment is not disposable once the permit is issued.

Consequences for non-compliance are real and public. They range from warnings through monetary penalties to a period of ineligibility to hire foreign workers, and employers found ineligible appear on a published list. That list is also why an open work permit holder cannot work for such an employer — the consequence reaches workers who had nothing to do with the original breach.

At a glance
Obligations beginAt the job offer, and continue after the hire
InspectionsCan occur years later, including after the worker leaves
Record retentionFor a period set in regulation
ConsequencesWarnings, monetary penalties, ineligibility to hire
Ineligible employersPublished on a public list

What you'll generally need

  • Records of the wages, hours and conditions actually provided, against what was offered.
  • The full recruitment file, retained rather than discarded after approval.
  • Payroll records, time records and evidence the occupation and location matched the offer.
  • A named person internally who knows where those records are — inspections have deadlines.

What an application on this route usually involves. Not a checklist that guarantees anything — IRCC sets the requirements, and they change.

Who this program fits

  • Any Canadian employer who has hired, or intends to hire, a foreign worker.
  • Employers who have received an inspection notice and need to respond properly.
  • Relevant regardless of whether the hire ran through an LMIA or an exemption.

Whether it fits you is what a consultation is for. This page cannot answer that and does not try to.

Common mistakes

Discarding the recruitment file after approval

The file is exactly what an inspection asks for, and inspections come long after everyone has moved on.

Quietly changing wages, hours or location

The offer is enforceable. Drift between what was offered and what is provided is the most common finding.

Assuming an exemption means no obligations

LMIA-exempt hires under the International Mobility Program still carry compliance obligations.

No internal owner for the file

Inspections have response deadlines. Not knowing who holds the records is how a compliant employer fails an inspection.

Questions

How long do we have to keep records?

For a period set in regulation, running for years after the employment. Discarding the recruitment file once the permit is issued is a common and avoidable exposure.

What triggers an inspection?

Inspections can be random as well as triggered by a complaint or a risk indicator. There is no safe assumption that a quiet hire will never be examined.

What if circumstances changed after the offer?

Genuine changes happen — but they need to be documented and, where required, addressed properly rather than left as an unexplained gap between what was offered and what was provided.

What happens if we are found non-compliant?

Consequences range from warnings to monetary penalties and a period of ineligibility to hire foreign workers, with ineligible employers named publicly.

References

Is this the right program for you?

That is the one question this page cannot answer. Start with the free assessment, then bring your situation to a consultation with the RCIC-IRB.

Start Your AssessmentBook a paid consultation

This page is general information. It is not an assessment of your eligibility, and nothing on it is immigration advice for consideration. Employer Compliance matters at ZIMMR are advised on directly by Irshad Osman, RCIC-IRB.

Verify on the CICC public register

Other programs under employer & lmia support

Back to Employer & LMIA Support