Employer compliance inspection (foreign workers)

An employer compliance inspection is how the federal government verifies that a business employing temporary foreign workers is meeting the conditions attached to those hires. Employment and Social Development Canada (ESDC) says it inspects under the Immigration and Refugee Protection Regulations (IRPR). A buyer meets the term when some of the target’s staff are foreign workers. See what employment liabilities a buyer inherits.

How it works

Section 209.5 of the IRPR lists the circumstances in which the inspection powers may be used. They include a reason to suspect non-compliance, past non-compliance and selection in a random verification. Under s.209.8, and subject to its rule for a dwelling-house in subsection (5), an officer may then, to verify compliance with the conditions in s.209.2, enter and inspect a premises or place where the foreign national works, ask relevant questions, require documents found there and take photographs and recordings. ESDC says inspections may be on-site or virtual, and announced or unannounced.

What to check or ask

• Ask whether the business has been inspected before, and what the result was.
• Ask for the records the employer must keep. ESDC says relevant records must be kept for 6 years from the first day of the employment period for which the work permit was issued.
• Compare the actual job, wages and working conditions with the offer of employment and the LMIA decision letter, which ESDC says inspectors verify.