The following section is condensed and summarized, not verbatim.
Please CLICK HERE for more information.
• Meet the requirements of the:
-Labour Market Impact Assessment (LMIA)
-Terms of the LMIA decision letter
-Annexes to the decision letter
-Immigration and Refugee Protection Regulations (IRPR)
• keep all relevant records for 6 years from the day the work permit was issued
• inform Service Canada (through the Employer Contact Centre: 1-800-367-5693) right away of:
-any changes or errors with an approved LMIA
-changes in TFW working conditions
• address any compliance issues and voluntarily notify Service Canada
REASONS FOR AN INSPECTION
Under the IRPR, Service Canada can inspect for the following reasons:
• Suspected non-compliance
• Non-compliance in the past
• Random selection
• a worker is or was subject to an order or rule under the Emergencies Act or the Quarantine Act
• Service Canada finds a communicable disease at the worksite
AUTHORITY TO INSPECT
Under the IRPR, Service Canada can:
• inspect the LMIA decision letter and annex
• Inspect the treatment of TFWs, up to 6 years after the TFW has started working
• interview TFWs and employees to confirm you are complying with the program.
INSPECTIONS MAY BE:
• on-site and/or virtual
• announced or unannounced
• without a warrant (excluding private dwellings)
IN THE CASE OF AN ON-SITE VISIT, SERVICE CANADA INTEGRITY INSPECTORS
CAN:
• interview employers and employees
• request copies of documents
• take photographs, video or audio recordings during the inspection
• examine anything on the premises related to the IRPR and the LMIA approval letter
• request access to examine your computer or other electronic devices
• conduct inspections with other relevant authorities as needed
INSPECTORS CAN LOOK AT 28 CONDITIONS TO MAKE SURE YOU:
• comply with all federal and provincial and/or territorial laws that regulate employment and recruiting
• remain engaged in the same business the as the offer of employment for the length of the TFW’s work permit
• provide TFWs with employment in the same job as stated in the employment offer
• pay TFWs wages that are mainly the same but not less favourable than those in the employment offer
• provide working conditions that are mainly the same but not less favourable than those in the employment offer
• make every effort to provide an abuse-free workplace
• fulfill LMIA commitments (see above link for more details)
• prove that the info provided in the LMIA application is accurate
• provide adequate housing (SAWP employers only)
RESULTS OF THE INSPECTION
• your inspection is satisfactory:
You do not have to do anything; the inspection is complete.
*Note from F.A.R.M.S. – please ensure you receive a letter of completion from Service Canada
Integrity Services.
• there are compliance issues:
Service Canada will send you an initial finding of non-compliance. You will be asked to justify why you
were not compliant with the program. When you provide your reasons, please make sure to include:
what you did to correct the non-compliance, and
what you did to make sure that it does not happen again
If Service Canada accepts the reason(s), then your inspection is complete. No further action needed. If you fail to provide information, or if Service Canada does not accept your justification, they will issue a Notice of Preliminary Finding (NOPF). This includes the violation(s) details and potential results. You will have one final opportunity to respond and provide new information or documentation regarding the justification. If issues relate to the pandemic conditions, you have 5 days from the date of the NOPF to respond to the inspector. If not, you have 30 days from the date of the NOPF to respond to the inspector.
In either case, you may request a time extension to provide your response. Service Canada considers extensions on a case-by-case basis. Any new details you provide could affect the NOPF and/or penalty decision(s). If the final assessment concludes with violation(s), Service Canada will issue a Notice of Final Determination (NOFD) which explains:
• the reason(s) for the ruling:
the condition(s) violated
how you failed to comply
• the consequence(s), and
• the next steps
Please note: If you are inspected and have submitted a new LMIA application before the inspection ends, a positive LMIA will not likely be issued if you are found non-compliant.
CONSEQUENCES OF NON-COMPLIANCE
If Service Canada finds you non-compliant for a violation that occurred on or after December 1, 2015, you
could face:
• a warning
• penalties up to $100,000 per violation, to a maximum of $1 million per year
• a permanent ban from the TWFP and IMP for the most serious violations
• publication of your business name and address on an IRCC website with details of the violation(s) and/or consequence(s)
• suspension or revocation of previously issued LMIAs
Service Canada determines results for violations that occur on or after December 1, 2015, based on a points system.