Employers – Compliance Inspections – Random and Triggered

When an employer-specific work permit application is approved, employers are required to provide foreign workers with pay and conditions of work that are substantially the same but not less favourable than those stated in the application. You can view these responsibilities in our post about employer compliance here: https://www.cilf.ca/2025/05/08/amps/.

Under both the Temporary Foreign Worker Program (“TFWP”), which requires a Labour Market Impact Assessment (“LMIA”), and the International Mobility Program (“IMP”), which is LMIA-exempt, the government can inspect workplaces and require the provision of documentation to ensure that a foreign worker is provided with the pay and conditions that the employer said would be provided. Employment and Social Development Canada (“ESDC”) conducts inspections under the TFWP and Immigration, Refugees and Citizenship Canada (“IRCC”) conducts inspections under the IMP.

Inspections can occur at any time during the six (6) years following the first day of the foreign worker’s employment period pursuant to a work permit.

Inspections can be triggered in three (3) ways:

Random selection – approximately one (1) in four (4) employers will be randomly selected for inspection.
If there is a reason to suspect non-compliance such as a complaint from an individual or a report in the media.
If an employer has been non-compliant in the past.

During the six (6) year period starting once a foreign worker begins work on the work permit, the employer must keep all documentation relating to the foreign worker’s employment. Employers must be prepared for an inspection and should have these documents ready. Examples of documents which are often requested include:

Signed copy of the employment agreement that was signed and dated by the employer and the foreign worker before the work permit application was submitted. For the IMP, this should be before the offer of employment was filed on the employer’s IRCC’s employer portal account.
Job description.
Pay slips including the total number of hours worked, hourly wage, and all deductions such as Canada Pension Plan, Employment Insurance, and Income Tax. Any non-standard deductions should be explained. If the foreign worker is being paid from outside Canada, a letter or contract confirming this arrangement should be provided.

If applicable, timesheets that correspond to the pay slips.
Proof that any benefits noted in the application were provided.
Proof that the foreign worker was provided with information about their rights as a worker on or before the first day of employment.
- Rights under the IMP: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/know-your-rights-worker-international-mobility-program.html.
- Rights under the TFWP: https://www.canada.ca/en/employment-social-development/services/foreign-workers/protected-rights.html.
- Proof can include an email with the link or rights pamphlet attached or a signed confirmation from the foreign worker that information about their rights was provided.
Information about foreign worker rights must also be readily available in an accessible location at the workplace of the foreign worker throughout their period of employment. This could include making the information available on the company website, in an accessible place within the company’s internal system or available in a common area such as a break room or copy room. Records such as screenshots or photos should be saved by the employer.
Anti-abuse policies / Anti-harassment policies / codes of employee conduct / guidelines provided to staff / Protection or support protocols to staff / Recent training (within the last two years) provided to employees and supervisors to identify and recognize abuse, and to address it / Steps taken to resolve complaints of abuse, etc. which could include: complaints policies & protocols, dispute resolution mechanisms, an employee representative or contact person, employee counselling, anonymous hotlines, etc
Proof that if a recruiter was used, the foreign worker was not directly or indirectly charged any fees related to recruitment. Proof can include a contract with the recruiter which states this requirement, proof that the recruiter is registered with a provincial or territorial registry, by clearly communicating this requirement to the foreign worker, and/or receiving the foreign worker’s confirmation that they were not charged any recruitment fees directly or indirectly.
Provincial/territorial employer and recruiter registration certificate/license.
Proof that reasonable efforts have been made to provide foreign workers with access to healthcare services if they are injured or become ill at the workplace.
Evidence of the employer providing a good or service such as: the business license or permit, CRA number, T2 Schedule 125 Income Statement Information and T2 Schedule 100 Balance Sheet Information, commercial lease agreement, etc.
A contract or letter from a legal business confirming the existence of a contract for a good and/or a service being provided.
Letter showing registration with provincial/territorial workplace safety/workers’ compensation clearance to ensure that the employer has registered for workplace safety insurance and is in good standing.
If applicable, copy of a Collective Bargaining Agreement.
If applicable, copy of a Work-Sharing Agreement.
If the foreign worker is no longer employed by the company, copy of a Record of Employment.
Copy of the foreign worker’s work permit.

In our next post in the employer compliance series, we will go through the process of inspections and the broad powers of inspectors. Stay tuned.

If you have any questions about employer compliance with the IMP, TFWP, or inspections, 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.