CANADA – Details Surrounding Employer Inspections Released
As previously reported, the Canadian immigration authorities have been intensifying the degree of inspections being conducted on employers in the International Mobility Program. However, authorities have recently released official instructions on how an employer inspection is prompted, the inspection procedure, documents that may be requested and how to assess if an employer is in compliance. These new guidelines allow for greater insight into the process and better prepare employers for potential inspections.
The following main points of the employer inspection instructions are as follows:
- Employer inspections may be triggered by past non-compliance, random selection or if there is reason to suspect non-compliance.
- Inspections are designed to determine if an employer (who submitted an offer of employment to a foreign worker) has complied with the specified conditions. The conditions are only applicable during the period of the work permit but are subject to inspection of compliance for up to six years after issuance of the work permit.
- Inspections may require employers to answer questions and provide various documents, examination of documents, on-site inspections and consensual interviews with foreign workers or other employees.
- Documents that may be requested include an employer’s business license, payroll records, bank statements, timesheets, job descriptions, employment contracts, corporate handbook and anti-abuse policies, and other applicable documentation.
- Decisions will be determined by verifying if the employer is actively engaged in business, is compliant with all federal, provincial and territorial recruitment rules, meets all salary, occupation and other conditions, is providing an abuse-free workplace, has provided accurate information, and is in compliance with document retention requirements.
- Employers found to be non-compliant will be added to a public list that effectively bans the employer from obtaining work permits for a specified amount of time. Employers may potentially also have existing work permits revoked.
Citizenship and Immigration Canada (CIC) encourages employers to read the full details of the official instructions and be aware of the entire process in order to better prevent non-compliance.