Conducting an audit of employment of foreign nationals can be highly beneficial for employers to ensure that they are compliant with the Immigration and Refugee Protection Act (IRPA) and relevant employment legislation. It can also mitigate against the risks associated with non-compliance, including administrative monetary penalties, bans on hiring foreign workers, or revocation of work permits.
Both the International Mobility Program (IMP) and the Temporary Foreign Worker Program (TFWP) have specific requirements regarding recruitment, wages, working conditions, and employer responsibilities.
Under the IMP, employers must comply with the terms and conditions outlined in the specific work permit categories, such as intra-company transferees, professionals under free trade agreements, and international agreements. Compliance includes providing job offers that are accurate, meeting wage requirements, and fulfilling specific requirements of a Labour Market Impact Assessment (LMIA) exemption or other program-specific condition.
Similarly, under the TFWP, employers must obtain a positive LMIA, generally after engaging in bona fide recruitment in the Canadian labour market and demonstrating the need to hire a foreign worker. Compliance may involve meeting advertising and recruitment requirements, offering wages that meet or exceed prevailing rates, and providing suitable working conditions.
Common compliance measures for both programs include keeping records of employment, ensuring workers are not subjected to exploitation or abuse, and cooperating with inspections by government authorities.
Here are the top five reasons why Canadian employers should consider conducting audits of the employment of foreign nationals:
In summary, conducting audits of employment of foreign nationals is a crucial practice for employers to ensure compliance with the IRPA and relevant regulations, protect the rights of workers, mitigate risks, and continuously improve their processes. By investing in proactive compliance measures, employers can safeguard their operations and uphold their responsibilities as employers of foreign workers.
For more information on conducting an audit of foreign workers, please reach out to one of the key contacts listed below.
