Employer Compliance Support

Overview

The Employer Compliance Support program is designed to assist Canadian employers in meeting their obligations under the Immigration and Refugee Protection Act (IRPA) and its corresponding regulations. It focuses on ensuring adherence to the conditions associated with hiring foreign nationals, particularly those under the International Mobility Program (IMP) which includes LMIA-exempt work permit categories. The program provides guidance and practical assistance to minimize the risk of non-compliance, which can lead to significant penalties, including fines, bans from hiring foreign workers, and reputational damage.

How it works

Employers often face challenges in understanding the nuances of immigration regulations, especially when it comes to the administrative burdens of the IMP. This support service helps employers understand their obligations before, during, and after hiring foreign workers. This includes verifying compliance with offer of employment submissions, understanding wage and working condition requirements, and maintaining proper records. In the event of an employer compliance audit by Immigration, Refugees and Citizenship Canada (IRCC) or Employment and Social Development Canada (ESDC), the program provides comprehensive support to help employers prepare for and respond to auditor requests, ensuring all documentation is in order and presented correctly.

Who it's for

This program is for any Canadian employer who currently employs foreign nationals under LMIA-exempt work permits (e.g., Intra-Company Transferees, NAFTA/CUSMA professionals, Mobilité Francophone, IEC participants) or is considering doing so. It is particularly beneficial for businesses that lack in-house expertise in immigration law, human resource departments seeking to mitigate compliance risks, and employers who have received notification of an upcoming IRCC or ESDC employer compliance audit. It serves employers of all sizes across various sectors seeking to maintain a compliant workforce and avoid penalties.

To benefit from Employer Compliance Support services, an employer generally needs to:

• Be a Canadian employer: The business must be legally established and operating in Canada.
• Have hired or intend to hire foreign nationals: Specifically, those under the International Mobility Program (IMP) who are exempt from requiring a Labour Market Impact Assessment (LMIA).
• Be willing to comply with all relevant immigration regulations: The employer must demonstrate a commitment to understanding and meeting their obligations regarding wages, working conditions, and record-keeping for foreign workers.
• Possess a valid offer of employment (for IMP categories): For LMIA-exempt work permits, the employer must have submitted an Offer of Employment to IRCC through the Employer Portal (or be prepared to do so), paid the employer compliance fee, and received an

• Business Registration Documents: Proof of legal business operation in Canada (e.g., Articles of Incorporation, Master Business Licence).
• Corporate Tax Documents: Recent tax returns or notices of assessment.
• Offer of Employment (IMM 5802): Submitted through the IRCC Employer Portal for each LMIA-exempt foreign worker.
• Employment Contracts: Detailed contracts for each foreign national, outlining wages, duties, and working conditions.
• Payroll Records: Documentation demonstrating consistent wage payments to foreign workers, matching the wages stipulated in the offer of employment.
• Time Sheets/Work Schedules: Records verifying hours worked by foreign nationals.
• Records of Benefits: Documentation of any benefits provided to foreign workers, as outlined in the employment contract or offer.
• Foreign Worker Passports and Work Permits: Copies of their current immigration documents.
• Proof of Business Address: Lease agreements, utility bills, or property tax statements.
• Organizational Chart: Illustrating the employer's structure and the foreign worker's position within it.
• Job Descriptions: Detailed descriptions for the positions held by foreign nationals.
• Any previous correspondence with IRCC/ESDC: Including any audit notifications, requests for information, or prior compliance reviews.
• Attestation of compliance: Employer declaration that they have complied with all program requirements.

The process for engaging in Employer Compliance Support typically involves the following steps:

1. Initial Consultation: The employer contacts a qualified immigration consultant (RCIC) or legal professional to discuss their specific needs, current compliance status, and any concerns they may have regarding their foreign workforce. This includes identifying if an audit notification has been received.
2. Needs Assessment and Scope Definition: The consultant conducts a thorough review of the employer's situation, existing documentation, and the foreign nationals they employ under IMP categories. This step helps to define the scope of support required, whether it's proactive compliance review, preparation for future audits, or active assistance in responding to an audit.
3. Service Agreement: A formal agreement is established, outlining the services to be provided, the professional fees, and the responsibilities of both the employer and the consultant.
4. Documentation Gathering and Review: The employer provides all relevant documents, such as offers of employment, employment contracts, payroll records, and any correspondence with IRCC or ESDC. The consultant reviews these documents to identify potential areas of non-compliance or gaps.
5. Compliance Strategy Development: Based on the review, the consultant develops a tailored strategy. This may involve advising on best practices for record-keeping, suggesting amendments to employment contracts, or preparing a detailed response plan for an audit.
6. Implementation and Ongoing Support: The consultant guides the employer through implementing recommended changes, helps prepare audit submissions if applicable, and provides ongoing advice to ensure sustained compliance. This can include training for HR staff on immigration compliance requirements.
7. Audit Representation (if applicable): In the event of an IRCC or ESDC audit, the consultant assists the employer in responding to auditor inquiries, preparing comprehensive submissions, and representing the employer's interests throughout the audit process.

This program is specifically designed to support Canadian employers in fulfilling their immigration compliance obligations when hiring foreign nationals. It does not directly provide immigration pathways or options for the family members of the foreign workers. However, ensuring the employer's compliance indirectly benefits the foreign worker, who, depending on their specific work permit category, may have options to bring eligible family members (spouse/common-law partner, dependent children) to Canada. The ability for family members to accompany or join the principal foreign worker is determined by the specific immigration program under which the foreign worker obtained their permit (e.g., certain LMIA-exempt categories allow for open work permits for spouses). The employer's role is to maintain compliance related to the principal foreign worker's employment terms.

Employer Compliance Support directly pertains to the employer's obligations regarding the work rights of foreign nationals. By ensuring compliance, the employer contributes to maintaining the foreign worker's legal right to work in Canada under the terms of their work permit. For foreign nationals under LMIA-exempt programs, work rights are typically limited to the specific employer, occupation, and location specified in their offer of employment and work permit. Employers must ensure that the foreign worker is performing duties consistent with their work permit and that all terms and conditions of employment, including wages and working conditions, are met as attested in the Offer of Employment. Non-compliance by the employer can jeopardize the foreign worker's status.

Employer Compliance Support is a service for employers and does not, in itself, offer a direct pathway to permanent residency (PR) for foreign workers. Its purpose is to ensure that employers adhere to immigration regulations when hiring temporary foreign workers. However, many LMIA-exempt work permit categories, which are the focus of this compliance support, can indirectly contribute to a foreign worker's eligibility for Canadian permanent residency. Accumulating Canadian work experience under a compliant employer is a crucial factor for many economic immigration programs, such as the Canadian Experience Class (CEC) or various Provincial Nominee Programs (PNPs). By maintaining a compliant employment relationship, the employer helps ensure the foreign worker's Canadian work experience is valid and recognized for future PR applications. It is important for foreign workers to explore separate PR pathways based on their individual circumstances.

While this service supports employers, non-compliance can lead to issues for both the employer and the foreign worker. Common reasons for negative outcomes for employers include:

• Failure to Pay Wages: Not adhering to the wage rates specified in the Offer of Employment.
• Poor Record-Keeping: Inability to provide adequate documentation to IRCC/ESDC during an audit.
• Changes in Working Conditions: Altering job duties, wages, or working conditions without proper notification and approval from IRCC.
• Non-provision of Occupation: Foreign worker not performing the duties specified in the Offer of Employment.
• Inaccurate Information: Providing false or misleading information in the Offer of Employment submission.
• Failure to Cooperate with Audit: Not responding in a timely or complete manner to auditor requests.
• Employer Sanctions: Previous history of non-compliance leading to bans from hiring foreign workers.
• Misunderstanding of IMP Exemptions: Incorrectly assuming a position is LMIA-exempt without meeting all criteria.