Employer Compliance for the Temporary Foreign Worker Program — Protect Your Business

What is Employer Compliance?

Employer compliance means meeting your legal obligations when you hire temporary foreign workers. Under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), you must provide the wage, occupation, and working conditions you offered, keep records, and cooperate with inspections. Non-compliance can result in bans, fines, and reputational damage.

ESDC Inspection Process

ESDC (Employment and Social Development Canada) can inspect employers who have used the TFWP. You may receive a request for documents (job offer, pay stubs, recruitment records, proof of wages and hours worked). Inspections can be random or complaint-driven. You have a limited time to respond. Having organized records and knowing your obligations in advance helps you respond effectively.

Employer Obligations

You must pay the wage stated in the offer, provide the job and working conditions offered, make reasonable efforts to provide a workplace free of abuse, and keep records for 6 years. For LMIA-based workers, you must also comply with the transition plan (if applicable) and recruitment commitments. For IMP workers, you must honour the offer of employment submitted to IRCC.

Consequences of Non-Compliance

Bans from the TFWP/IMP (temporary or multi-year), fines, and placement on a public list of non-compliant employers. Your ability to hire foreign workers in the future can be affected. Workers may also be affected. Taking compliance seriously protects your business and your workers.

IMP Compliance — Offer of Employment

For LMIA-exempt (IMP) work permits, you submitted an offer of employment and paid the compliance fee. You must provide the wage, job, and conditions stated. IRCC can review compliance. Failure to comply can result in penalties and affect future offers and the worker's status.

How VMC Helps Employers Stay Compliant

• Pre-inspection preparation — Document retention and organization.
• Response to inspection findings — Drafting responses and corrective plans.
• Compliance training — Helping your team understand TFWP/IMP obligations.
• Voluntary disclosure — Advising on when and how to disclose errors.

Voluntary Disclosure

If you discover that you have not fully complied (e.g. wage discrepancy, missing records), you may consider voluntary disclosure to ESDC or IRCC. In some cases, coming forward before an inspection can result in more favourable treatment. VMC can assess your situation and advise on the best approach.