Employer Compliance Inspection Canada: What to Do If ESDC or IRCC Visits

An employer compliance inspection is an on-site or virtual review by Employment and Social Development Canada (ESDC) or Immigration, Refugees and Citizenship Canada (IRCC) to confirm you met the conditions of hiring foreign nationals (LMIA, LMIA-exempt work permits, or other employer-driven programs). If an inspection happens to you, be cooperative, gather the documents listed below right away, and follow a clear step-by-step response to reduce risk.

Inspectors check that the employer complied with the terms of any LMIA or other approval and with federal rules for temporary foreign workers. That includes verifying the job offered, wages, hours, work location, recruitment efforts, workplace safety, and that the foreign worker actually performs the job described in the application.

• Employers who received a positive LMIA or who hired LMIA-exempt foreign workers (e.g., CUSMA, Intra-Company Transfers, certain employer‑specific work permits).
• Employers under Global Talent Stream or other employer-led programs.
• Workplaces where IRCC/ESDC receive complaints about working conditions, wages, or fraud.
• Random compliance checks as part of routine monitoring.

1. 1Notification: You may receive an advance notice or an unannounced visit. Inspectors show government ID and explain the purpose of the visit.
2. 2Interview: Inspectors typically interview the employer contact and the foreign worker separately.
3. 3Document review: Inspectors request original or scanned documents (see checklist below).
4. 4Site verification: They may tour the workplace and observe the position and worksite conditions.
5. 5Report and findings: Inspectors note compliance issues and may request corrective actions or refer the file for enforcement.

• Copy of the LMIA and the job description used in the LMIA application (or the employer‑specific work permit conditions).
• The employment contract or offer letter actually signed by the worker.
• Payroll records and pay stubs covering the worker’s employment period.
• Time sheets or clock-in records showing hours worked.
• Records of recruitment efforts (ads, where posted, dates, applications received).
• Proof of wage payments (bank transfers, cheque stubs, register).
• Copies of job postings used to recruit Canadians/PRs and candidate interview notes.
• Proof of any benefits promised in the LMIA (e.g., housing allowance, health benefits).
• Copies of the worker’s passport, work permit, and SIN (if applicable).
• Occupational health and safety documentation, certifications or training records relevant to the job.

1. 1Designate a single contact person for inspectors and keep their phone/email available.
2. 2Keep a compliance folder (paper and digital) with the documents listed above, updated and easy to access.
3. 3Train supervisors and HR about the main conditions of your LMIA or employer-specific approvals so they don’t give inconsistent information.
4. 4Document recruitment: keep copies/screenshots of every job ad and a short summary of why applicants were not hired.
5. 5Make sure payroll and time-keeping systems match the hours and wages stated in the LMIA/employment contract.
6. 6Run a self-audit: compare the job performed on the shop floor with the LMIA job duties and note any differences you can justify.
7. 7If you use third‑party recruiters or agencies, keep a signed agreement and invoices showing fees and who paid them.

• Mismatch between job description and actual duties — fix by updating job descriptions and documenting business reasons for changes.
• Inconsistent wages or undocumented deductions — ensure payroll matches the LMIA wage and maintain clear records.
• Missing recruitment evidence — keep copies of every ad, date posted, number of Canadian applicants and interview notes.
• Using different work location than stated in the LMIA — if you change a worksite, document the business reason and the worker’s agreement.
• Relying on verbal promises to workers (e.g., benefits) without documenting them — always put offers and changes in writing and keep signed copies.

1. 1Ask for a written copy of the inspector’s findings or confirm how they will communicate results and timelines.
2. 2Collect and preserve all documents you provided and any notes you made during the inspection.
3. 3If the inspector requests corrective action, prepare a clear remediation plan with dates and responsible persons.
4. 4Notify your HR team and any external recruiters about the inspection and the next steps.
5. 5Consider getting professional advice — an RCIC or an employment lawyer can review the findings and advise on responses to ESDC/IRCC.
6. 6If you disagree with a finding, document factual evidence and prepare to contest it through the channels ESDC/IRCC specifies.

Confirm program details and your obligations on the official ESDC employer compliance pages and on the IRCC employer compliance / Temporary Foreign Worker Program guidance pages. If your case involves a provincial employer stream (for example an employer‑driven PNP), check the relevant provincial nominee program page as well. Always use the government pages as your primary source for forms and official notices.