FAQ
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This data has been taken directly from Immigration, Refugees and Citizenship Canada. It includes all decisions that were posted before the "updated" date in the top left of the map.
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Employers who hire temporary workers may be inspected to make sure they meet their responsibilities as an employer under the Temporary Foreign Worker Program or International Mobility Program. If an employer is found non-compliant, they can receive either or both of the following:
a monetary penalty
a ban from hiring temporary workers (these employers are ineligible to hire temporary workers for a period of time)
Reasons employers may be found non-compliant:
Employers may be found non-compliant for one or more of the following reasons:
The employer couldn’t show that the information they listed in the offer of employment was true, for a period of 6 years, starting on the first day the foreign national worked for them.
Provision:209.2(1)(b)(i)The employer didn’t keep documents that showed they met the conditions of employing a foreign national, for a period of 6 years, starting on the first day the foreign national worked for them.
Provision:209.2(1)(b)(ii) or 209.3(1)(c)(ii)The employer didn't have the money to pay the wages agreed to with a live-in caregiver.
Provision:209.3(1)(a)(iii)(C)The employer couldn’t show that the description they gave for the job on the Labour Market Impact Assessment application was true, for a period of 6 years, starting on the first day the foreign national worked for them.
Provision:209.3(1)(c)(i)The employer didn't show up for a meeting with the inspector, to answer questions and give documents the inspector asked for.
Provision:209.4(1)(a)The employer didn't give the inspector the documents they asked for.
Provision:209.4(1)(b)The employer didn't show up for an inspection, and didn't help or give information to the inspector when asked to.
Provision:209.4(1)(c)The employer broke federal, provincial or territorial laws for hiring and recruiting employees in the province or territory where the foreign national worked.
Provision:209.2(1)(a)(ii) or 209.3(1)(a)(ii)The pay or working conditions didn't match, or were not better than, what was listed on the offer of employment, or the job was not the same as what was listed on the offer of employment.
Provision:209.2(1)(a)(iii) or 209.3(1)(a)(iv)The live-in caregiver wasn't living in a private home in Canada or was not providing unsupervised care for a child, senior or disabled person within the home.
Provision:209.3(1)(a)(iii)(A)The hiring of the foreign national didn’t create new jobs or job stability for Canadian citizens or permanent residents.
Provision:209.3(1)(b)(i)The hiring of the foreign national didn’t result in Canadian citizens or permanent residents getting new or improved skills and knowledge.
Provision:209.3(1)(b)(ii)The employer didn't hire or train Canadian citizens or permanent residents as they agreed to.
Provision:209.3(1)(b)(iii)The employer didn't put in enough effort to hire or train Canadian citizens or permanent residents, as they agreed to.
Provision:209.3(1)(b)(iv)The employer was not actively engaged in the business that the foreign national was hired to work for (aside from live-in caregivers).
Provision:209.2(1)(a)(i) or 209.3(1)(a)(i)The live-in caregiver didn't receive private and furnished living space in the home.
Provision:209.3(1)(a)(iii)(B)The employer didn't put in enough effort to make sure the workplace was free of any of the following:
physical abuse
sexual abuse
psychological abuse
financial abuse
reprisal
Provision:209.2(1)(a)(iv) or 209.3(1)(a)(v)
The employer stopped the foreign national from complying with an order or regulation made under the Emergencies Act or the Quarantine Act.
Provision:209.2(1)(a)(v) and 209.3(1)(a)(vii)The employer stopped the foreign national from complying with a provincial law that governs public health.
Provision:209.2(1)(a)(vi) or 209.3(1)(a)(viii)The employer didn’t provide wages to the foreign national that were substantially the same as those set out in the offer of employment, during the period the foreign national was required to isolate or quarantine themselves on entry into Canada.
Provision:209.2(1)(a)(vii) and 209.3(1)(a)(xii)The employer didn’t provide the foreign national with accommodations that were separate from those provided to persons not in quarantine, and that permitted the foreign worker to remain at least 2 metres away from any other person.
Provision:209.3(1)(a)(ix)The employer didn’t provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularly.
Provision:209.3(1)(a)(x)The employer didn’t provide a foreign national, who developed any signs or symptoms of COVID-19, with accommodations that had a bedroom and a bathroom solely for the use of the foreign national while they isolated themselves.
Provision:209.3(1)(a)(xi)The employer didn’t provide adequate accommodations to a foreign national employed to perform work under an international agreement concerning seasonal agricultural workers between Canada and one or more countries.
Provision:209.3(1)(a)(vi)The employer didn’t provide the foreign national with information on their rights in Canada, in their chosen official language, on or before their first day of work.
Provision:209.2(1)(a.1) or 209.3(1)(a.1)The employer didn’t make the information on the foreign national’s rights in Canada available in both official languages.
Provision:209.2(1)(a)(ii.1) or 209.3(1)(a)(ii.1)The employer didn’t put enough effort into providing access to health care services when the foreign national was injured or became ill at the workplace.
Provision:209.2(1)(a)(viii) or 209.3(1)(a)(xiv)The employer charged the foreign national fees related to their hiring, not including application processing fees.
Provision:209.2(1)(a)(ix) or 209.3(1)(a)(xv)The employer didn’t make sure that the foreign national wasn’t charged fees by anyone involved in their hiring or recruitment process, not including application processing fees.
Provision:209.2(1)(a)(x) or 209.3(1)(a)(xvi)The employer didn’t obtain, and pay for, private health insurance that covers emergency medical care when the foreign national was not covered by provincial health insurance.
Provision:209.3(1)(a)(xiii)
Note: The information above is a summary only. Complete descriptions of the ways an employer can be found non-compliant are available in the Immigration and Refugee Protection Regulations.
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Penalties are decided by a points system that looks at:
the number of program violations
how you did not comply
your compliance history
how serious the violation(s) is(are)
the number of workers negatively affected by the violation(s)
the size of the your business (for monetary penalties only)
if you voluntarily disclosed information before we told you that you would be inspected
Possible penalties include:
warning letters
monetary penalties from $500 to $100,000 per violation
up to a maximum of $1 million over 1 year
a ban from hiring temporary workers through the Temporary Foreign Worker Program or the International Mobility Program for 1, 2, 5, or 10 years
a permanent ban from hiring temporary workers through the Temporary Foreign Worker Program or the International Mobility Program (for serious violations only)
We may also:
refuse any pending work permit applications tied to your business
revoke active work permits that are tied to your business
Your business will also be added to the public list of employers who have been non-compliant if you receive:
a monetary penalty of any amount
a ban of any length of time
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You may notice one of the most common reasons for non-compliance is:
"There is no reason indicated because the employer was found non-compliant for an incident that occurred before new regulations came into effect on December 1, 2015."
This because prior to that date all non-compliant employers faced a two-year ban from hiring temporary foreign workers. This did not vary depending on the severity of the violation and employers were not subject to a monetary penalty.