- 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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Temporary Foreign Worker Program: Employer Compliance
Canadian employers have certain responsibilities when hiring foreign workers through the Temporary Foreign Worker Program (TFWP).
The Canadian government has established regulations to ensure the goals of the Temporary Foreign Worker Program (TFWP) are upheld. Key among these goals is the assurance that the arrival of foreign workers does not adversely affect Canadian employees. Additionally, Canada is committed to safeguarding the rights of foreign workers within its borders. Below are the essential requirements that employers must adhere to to take advantage of the TFWP.
If you need assistance, THE MILLENNIUM IMMIGRATION can help navigate these regulations effectively.
Table of Contents
- Employer Responsibilities
- Reviewing Employer ComplianceÂ
- Review Outcomes
- Voluntary Disclosure
- Contact UsÂ
Employer Responsibilities
Employers are required to:
Ensure compliance with all conditions and requirements of the Temporary Foreign Worker Program (TFWP) as specified in the Labour Market Impact Assessment (LMIA) application, decision letter, and accompanying documents.
Maintain all records related to their LMIA application and any documentation that demonstrates adherence to program conditions for a duration of six (6) years.
Notify Employment and Social Development Canada (ESDC)/Service Canada of any changes or errors concerning an approved LMIA or the temporary foreign worker.
Conduct regular reviews of activities related to the employment of temporary foreign workers to ensure ongoing compliance with TFWP conditions.
Take immediate corrective actions to address any discovered errors or instances of non-compliance.
Reviewing Employer Compliance
Sure! Here’s a summary of the key points regarding the Temporary Foreign Worker Program (TFWP) and employer responsibilities:
Overview of the TFWP
The TFWP allows Canadian employers to hire foreign workers to fill labor shortages when qualified Canadians or permanent residents are unavailable. The program aims to ensure that hiring foreign workers does not negatively impact the Canadian labor market and protects the rights of foreign workers.
Employer Responsibilities
1. Compliance with Conditions: Employers must adhere to all conditions outlined in their Labour Market Impact Assessment (LMIA) application and any associated documents.
2. Record Keeping: They must maintain records related to their LMIA application and compliance for six years.
3. Notification: Employers are required to inform Employment and Social Development Canada (ESDC) of any changes or errors related to their LMIA or the foreign worker.
4. Ongoing Review: Regular reviews of employment practices should be conducted to ensure continued compliance with TFWP conditions.
5. Rectification of Errors: Employers must promptly address any identified non-compliance.
Review Processes
Employers may be subject to various reviews, including:
Inspections: To verify compliance with employment offers and LMIA conditions.
Employer Compliance Reviews (ECRs): Focused on verifying compliance prior to LMIA approval.
Ministerial Instruction Reviews: Triggered by new information that may justify revocation of an approved LMIA.
Penalties for Non-Compliance
Employers found non-compliant may face several consequences based on a points system that considers the nature of the violation, compliance history, and business size. Possible penalties include:
Warnings
Monetary fines
Bans from the TFWP or IMP for varying durations
Publication of non-compliance on public records
Justifications for Non-Compliance
Employers may justify non-compliance due to factors like changes in laws, economic conditions, or unforeseen events. Providing evidence of such justifications can help mitigate penalties.
If you have any specific questions about any aspect of the TFWP or need further details, feel free to ask!
Review Outcomes
Voluntary Disclosure
Employers who suspect they may have breached the conditions of the TFWP are strongly encouraged to take steps to rectify their compliance and voluntarily inform IRCC. Upon receiving this information, IRCC will evaluate its relevance and credibility, assess the severity of the potential violation, and decide whether an inspection is warranted. It’s important to note that not all disclosures result in an inspection.
If an inspection follows a voluntary disclosure and the employer is found non-compliant, they may be eligible for a reduced penalty or possibly no penalty at all. To determine eligibility for a reduced penalty, IRCC will consider several factors, including:
The thoroughness of the disclosure.
Whether the disclosure was genuinely voluntary (i.e., the employer was not already under inspection or facing enforcement action).
The extent of the violation’s impact on the foreign worker.
The effect of the violation on Canadian workers or the economy.
The promptness of the disclosure.
The employer’s track record of making voluntary disclosures.
The specific condition that the employer failed to meet.
About THE MILLENNIUM IMMIGRATION for Assistance
Are you looking to work in Canada temporarily? THE MILLENNIUM IMMIGRATION can assist you. With over 11 years of experience, they specialize in helping workers and employers navigate Canadian immigration regulations effectively.