Under the Temporary Foreign Worker Program, there are specific requirements to which employers must adhere. These legislated requirements fall under the authority of the Immigration and Refugee Protection Act (IRPA) and its Regulations (IRPR). Employer Compliance is effectively monitored by the Canadian government.

Employers are legislatively required to comply with the following:

• Must meet all the conditions and requirements of the Temporary Foreign Worker (TFW) Program, as is outlined in the Labour Market Assessment (LMIA) application, decision letter and its annexes
• Employer is required to keep all associated records relating to the LMIA application(s), along with all documents demonstrating their program compliance & conditions, for a period of 6 years
• Employment and Social Development Canada (ESDC)/Service Canada must be kept up-to-date of any changes, errors or omissions as it relates to the temporary foreign worker or the working conditions pertaining to an approved LMIA

The Canadian government has the means and the authority under their respective legislations to conduct inspections.

Three reasons for which an employer may be selected for an inspection are:

• There is reason to suspect non-compliance (a tip or allegation was reported)
• History of previous non-compliance
• Random selection

If you have questions about Employer Compliance, contact SamLaw so that you can effectively and prudently consider your options. Let the Canadian immigration legal professionals help you.