Employment And Social Development Canada (ESDC)

Employer must:

(1) verify the worker's work authorization

(2) To ensure a successful hire in Canada, employers must: - (a) Provide workers' compensation and medical coverage as required by the province or territory - (b) Follow the conditions and time limits in the worker's work permit - (c) Maintain active engagement in the business that offered the job - (d) Comply with all federal, provincial, and territorial employment laws, including recruiting laws.

(3) Provide a job in the same occupation as listed in the offer of employment, with comparable or better wages and working conditions, and ensure a safe workplace free of physical, sexual, psychological, and financial abuse.

(4) Keep all hiring and employment documents for six years after the work permit is obtained. Attend inspections and submit the necessary information.

Overview

An inspection makes sure that the employer satisfies the conditions of the employment offer, positive LMIA letter, and annexes, ensuring workers are treated well. The work permit can be inspected at any time during six years of the authorized employment period.

Reasons for Inspection

Three reasons an employer may be inspected:

(1) Suspect non-compliance as the company has been deemed non-compliant in the past.

(2) Employer selection was random.

Penalties

 A violation could result in many penalties for employers. This scoring system considers the following factors:

These factors include the type of infraction, compliance history, degree of non-compliance, business size (for financial penalties), and if the employer proactively revealed potential non-compliance before inspection.

Overview

Before the LMIA application is approved, the ECR checks that prior compliance with wages, working conditions, and employee duties matches the foreign worker's reported earnings, working conditions, and duties during the actual work period.

Penalties

(1) Companies without historical compliance will be judged non-compliant.

(2) Non-compliant employers face:

(3) The TFWP and IMP may deny applications for two years, issue negative LMIAs for pending applications, and rescind previously granted LMIAs.