Employer Compliance

Last updated: 16 October 2020

Whether hiring foreign workers through the Temporary Foreign Worker Program (TFWP) or through the International Mobility Program (IMP), Canadian employers must meet certain conditions.

On August 25, Immigration, Refugees and Citizenship Canada introduced a change to the Employer Compliance Regulations. Based on the new regulations:

* Wages must be paid to the worker even if the worker does not yet have a Social Insurance Number (SIN).
* Workers must apply for a SIN within 3 days of starting their employment but do not have to wait until they get their SIN to start working.
* Workers are required to provide the SIN to the employer within 3 days after obtaining it.

The Temporary Foreign Worker Program (TFWP) allows Canadian employers to hire foreign nationals to fill labour shortages in their company. In this program, employers must first apply for and obtain a Labour Market Impact Assessment (LMIA) before the foreign national can apply for a work permit. When applying for a LMIA, employers must commit to meeting certain conditions, such as salary requirements and working conditions. Employers are obliged to continue meeting these requirements and conditions throughout the entire duration of the foreign national’s employment with the company.

The International Mobility Program (IMP) allows employers to hire foreign nationals without requiring a LMIA. Examples of work permits under this program include, but are not limited to, NAFTA Work Permits and Intra-Company Transfer Work Permits. As with the TFWP, employers are required to continue meeting certain conditions throughout the duration of the foreign national’s time with the company.

Whether employers have hired a foreign national through the TFWP or the IMP, the company may be chosen for an inspection or compliance review at any time during the six years after a work permit has been issued.