Compliance Reviews: Risks & Solutions

What is a Compliance Review?

Compliance reviews are assessments to determine whether or not employers have met or violated the conditions imposed on them in accordance with the Refugee Protection Regulations (“IRPR”). Employers named on a work permit issued to a foreign national on or after December 31, 2013, may be inspected for compliance. An inspection may be initiated from the first day of employment for which a work permit is issued up to a maximum of six years thereafter. An inspection may be on site or by way of written correspondence and may also include interviewing employees.

Who is subject to a Compliance Review?

Any employer who makes an offer of employment to a foreign national may be subject to a compliance review.

Conditions Imposed on an Employer

To meet the conditions imposed on the employer, the employer must:

• Remain actively engaged in the business in respect of which the offer of employment was made;
• Comply with the federal and provincial laws that regulate employment and the recruiting of employees in the province in which the foreign national works;
• Provide the foreign worker with employment in the same occupation as that set out in the offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those in the same offer;
• Make reasonable efforts to provide temporary foreign workers with a workplace that is free of abuse;
• Be able to demonstrate that any information they provided in relation to an offer of employment or on request of an officer during the associated work permit application was accurate; and
• Retain any document that relates to compliance with the imposed conditions.

What could happen if an employer is non-compliant?

• The employee’s work permit may be revoked;
• A monetary penalty may be imposed on the employer;
• A ban from hiring temporary workers may be imposed on the employer; and
• The employer’s name, address, reasons for non-compliance, penalty, etc. will be made public.

How to be Prepared

Have an internal audit completed by an Immigration Lawyer to make certain of the following:

• All conditions set out by IRCC have been met;
• Employees are working with the appropriate work authorization; and
• A process is in place to ensure that you are prepared in case of an audit.

For more information, contact Marani Law LLP at info@maranilaw.com and/or (647) 351-7795.