The Government of Canada has developed a compliance inspection process with the objective of ensuring that Canadian employers who submit an Offer of Employment for a work permit under the International Mobility Program (IMP) or request a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program (TFWP) are compliant with the conditions of these documents. Specifically, actual employment conditions must be “substantially the same” as those listed in the LMIA or Offer of Employment (for LMIA-exempt work permits). Penalties for non-compliance include warnings, administrative monetary penalties, and/or bars from using the program. Work permits and LMIAs can, in some circumstances be revoked. Under s. 209.997(1) of the Immigration and Refugee Protection Regulations, a non-compliant employer’s name must be published on a list of non-compliant employers. Only employers who face a warning as a penalty are spared from publication.
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