Employers and foreign nationals should take note: the Canadian government has ramped up its compliance monitoring under the Temporary Foreign Worker Program (TFWP). A recent government news release revealed that Employment and Social Development Canada (ESDC) conducted 2,122 inspections from April 2023 to March 2024. These inspections resulted in CAN 2.1 million in Administrative Monetary Penalties for non-compliant employers, marking a 36% increase from the previous fiscal year. Moreover, 12 employers were banned from the TFWP due to non-compliance with program conditions.
Public Accountability and Transparency
Non-compliant employers are publicly listed on a website managed by Immigration, Refugees and Citizenship Canada (IRCC). This measure aims to enhance transparency and hold employers accountable while safeguarding the rights, health, and safety of foreign workers.
Employer Responsibilities
Employers of foreign nationals working in Canada under the TFWP, particularly those with a Labor Market Impact Assessment (LMIA)-based work permit, must be fully aware of their responsibilities and compliance obligations. Key responsibilities include:
Accurate Information: Ensure all information provided during the LMIA application process is accurate and truthful.
Fair Wages and Conditions: Offer wages and working conditions that meet Canadian standards.
Health and Safety: Comply with all health and safety regulations to protect employees’ well-being.
Record Keeping: Maintain accurate records of compliance with TFWP conditions.
Navigating the complexities of the TFWP can be challenging. e-lhr offers expert assistance to help employers ensure compliance before and during immigration processing and throughout the employment of foreign workers in Canada. Our services include:
Pre-Employment Compliance Assessments: Identifying potential compliance issues before hiring.
Immigration Processing Support: Assisting with the LMIA application process.
Ongoing Compliance Monitoring: Providing continuous support and guidance during the employment period.
Future of TFWP Compliance
The increased inspections and penalties reflect a broader trend toward greater accountability and protection for temporary foreign workers. As the labour market evolves, the Canadian government will likely continue enhancing its compliance framework to address emerging challenges and ensure fair treatment for all workers.
Technological Advancements
The future of TFWP compliance will likely involve more technological advancements, such as data analytics, AI, and digital reporting tools. These technologies can streamline inspections, identify non-compliance patterns, and ensure real-time adherence to program rules.
The Canadian government’s heightened compliance measures under the TFWP underscore the importance of adhering to program conditions. Employers must stay informed about their responsibilities and take proactive steps to ensure compliance.
Professional support from us can be invaluable in navigating the TFWP’s complexities and avoiding severe consequences. As the program evolves, technological advancements and collaborative efforts will play a crucial role in enhancing compliance and protecting temporary foreign workers in Canada.
For more information, contact us
