Employers – A Reminder to Be Aware of Fraudulent Documents

It is crucial that employers verify the documents of any foreign workers they employ to ensure that they can legally be employed. Section 124(1)(c) of the Immigration and Refugee Protection Act (“IRPA”) provides that it is an offence to employ a foreign national when they are not authorized to be employed. This is a strict liability offence meaning that even if the employer did not know that they were not allowed to employ that person, by law, they are deemed to know if they did not exercise due diligence.

Documents such as work permits and maintained status letters should be examined carefully and if there are doubts about the authenticity of a document, you can contact immigration counsel to take a second look.

Further, while some companies may hire workers from temporary employment agencies, it is still important that these companies verify that any foreign workers staffed by the agency are permitted to work in Canada. Even though the employer of record may be the agency, since the company using the services of the agency is directing and controlling the work of the workers, the company may be viewed by IRCC as the employer and liable if they are found to employ foreign workers without authorization. It is important to note that there is no definition of employer under IRPA.

If you have any questions about fraudulent documents or employer compliance with the immigration legislation, you can reach out to us for assistance. Our Canadian immigration legal professionals can be reached by phone (416-368-1111) or via email: caruso@cilf.ca; bonisteel@cilf.ca; ali@cilf.ca; mukherjee@cilf.ca; garciafialdini@cilf.ca.