- 1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA
- Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad
1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA
Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad
1011 Parsons Road SW, Edmonton, AB T6X 0X2 - CANADA
Office # 6, Second Floor, Blook-D, Spring North Commercial, Phase-7, Bahria Town, Islamabad
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International Mobility Program: Employer Compliance
Canadian employers have specific responsibilities when hiring foreign workers under the International Mobility Program.
The Government of Canada enforces these regulations to ensure that the objectives of the International Mobility Program (IMP) are met. While the IMP aims to promote economic, social, and cultural benefits, the government is vigilant in preventing employers from misusing the program to the detriment of both foreign and domestic workers. Discover more details below.
Table of Contents
- Employer Responsibilities
- InspectionsÂ
- PenaltiesÂ
- Voluntary Disclosure
- Contact the Cohen Immigration Law for AssistanceÂ
Employer Responsibilities
When hiring foreign workers through the International Mobility Program (IMP), employers have several important responsibilities:
1. Arrange Workers’ Compensation and Medical Coverage**: Employers must ensure that workers have the necessary benefits upon arrival in Canada, as required by provincial or territorial regulations.
2. Ensure Work Authorization: Employers must verify that the worker possesses the required work authorization. A Social Insurance Number (SIN) does not serve as proof of a valid work permit.
3. Comply with Work Permit Conditions: Employers are legally obligated to adhere to the conditions and time limits specified in the worker’s permit.
4. Active Business Engagement: Employers must remain actively engaged in the business that submitted the job offer for the duration of the worker’s employment.
5. Follow Employment Laws: Compliance with all relevant federal, provincial, and territorial employment laws, including recruitment practices, is mandatory.
6. Provide Job as Offered: Employers must offer the worker a job that aligns with the occupation stated in the offer of employment.
7. Meet Wage and Working Conditions: The wages and working conditions provided must meet or exceed those outlined in the employment offer.
8. Maintain a Safe Workplace: Employers should make reasonable efforts to ensure a workplace free from physical, sexual, psychological, and financial abuse.
9. Document Retention: All documentation related to the hiring and employment of the worker must be kept for six years after the work permit is issued.
10. Cooperate with Inspections: Employers are required to attend any inspections and provide all requested documentation or information.
By fulfilling these responsibilities, employers help ensure a positive and compliant working environment for foreign workers.
Inspections
Employers found non-compliant under the International Mobility Program (IMP) may face a range of penalties determined by a points system that takes into account various factors, including:
Factors Considered
1. Type of Violation: Different violations carry different weights.
2. Compliance History: Previous adherence or breaches of compliance requirements.
3. Severity of Non-Compliance: The impact and seriousness of the violation.
4. Size of the Business: Financial penalties may vary based on the business’s size.
5. Voluntary Disclosure: Whether the employer disclosed potential non-compliance before an inspection.
Possible Penalties
Warnings: For minor violations, employers may receive a warning.
Monetary Penalties: Ranging from $500 to $100,000 per violation, with a maximum of $1 million over one year.
Bans: Employers could face bans from participating in the program for one, two, five, or ten years, or even permanent bans for serious violations.
Public Disclosure: The employer’s name and penalty details may be published if they receive a monetary penalty or a ban.
Work Permit Refusals: Applications for work permits associated with the non-compliant business may be denied.
Revocation of Work Permits: Previously issued work permits tied to the business could be revoked.
These penalties aim to ensure that employers adhere to program conditions and protect the rights of foreign workers while maintaining the integrity of the immigration system.
Penalties
Employers found non-compliant under the International Mobility Program (IMP) may face a range of penalties determined by a points system that takes into account various factors, including:
Factors Considered
1. Type of Violation: Different violations carry different weights.
2. Compliance History: Previous adherence or breaches of compliance requirements.
3. Severity of Non-Compliance: The impact and seriousness of the violation.
4. Size of the Business: Financial penalties may vary based on the business’s size.
5. Voluntary Disclosure: Whether the employer disclosed potential non-compliance before an inspection.
Possible Penalties
Warnings: For minor violations, employers may receive a warning.
Monetary Penalties: Ranging from $500 to $100,000 per violation, with a maximum of $1 million over one year.
Bans: Employers could face bans from participating in the program for one, two, five, or ten years, or even permanent bans for serious violations.
Public Disclosure: The employer’s name and penalty details may be published if they receive a monetary penalty or a ban.
Work Permit Refusals: Applications for work permits associated with the non-compliant business may be denied.
Revocation of Work Permits: Previously issued work permits tied to the business could be revoked.
These penalties aim to ensure that employers adhere to program conditions and protect the rights of foreign workers while maintaining the integrity of the immigration system.
Voluntary Disclosure
Employers who suspect they may have violated the conditions of the International Mobility Program (IMP) are strongly encouraged to take proactive steps to achieve compliance and to voluntarily disclose any relevant information to Immigration, Refugees and Citizenship Canada (IRCC). This voluntary disclosure can potentially mitigate penalties if an inspection follows.
Key points regarding voluntary disclosure:
Completeness Required: For a disclosure to be accepted, it must be comprehensive. At the time of disclosure, the employer must not be under inspection or facing any enforcement action related to the Immigration and Refugee Protection Act.
Impact on Penalties: If an inspection occurs after a voluntary disclosure and the employer is found non-compliant, they may qualify for reduced penalties or even no penalty. IRCC will consider several factors, including:
The completeness of the disclosure.
Whether the disclosure was truly voluntary.
The severity of the violation’s impact on the foreign worker.
The impact on Canadian workers or the economy.
The timeliness of the disclosure.
The employer’s history of voluntary disclosures.
Taking these steps can demonstrate a commitment to compliance and may lead to more favorable outcomes in the event of an inspection.
About THE MILLENNIUM IMMIGRATION for Assistance
If you’re looking to enter Canada to work temporarily, THE MILLENNIUM IMMIGRATION can provide expert assistance. With over 11 years of experience, they can help you navigate the complexities of Canadian immigration regulations.
To get started, you can complete their contact form for a free telephone consultation with one of their lawyers. They’ll guide you through the process and address any questions you may have!