Employers and foreign nationals should be aware that the government of Canada has been increasing its monitoring of compliance under the Temporary Foreign Worker Program (TFWP). According to a government news release, Employment and Social Development Canada (ESDC) completed 2,122 inspections under the TFWP and issued CAN 2.1 million in Administrative Monetary Penalties to non-compliant employers between April 2023 to March 2024, an increase of approximately 36% from the prior fiscal year. Additionally, 12 employers were banned from the TFWP within the last fiscal year due to noncompliance with the program's conditions. Employers who are found to be non-compliant with TFWP conditions are listed on a public website managed by Immigration, Refugees and Citizenship Canada. The measures are aimed at improving employer compliance with the conditions of the program and protecting foreign workers' rights, health and safety. Employers of foreign nationals employed in Canada under the TFWP (that is, those employers with foreign nationals holding a Labor Market Impact Assessment-based work permit) are advised to familiarize themselves with their responsibilities and compliance obligations under the TFWP. Fragomen can assist employers with navigating their rights and obligations to ensure compliance before and during immigration processing and during foreign workers' employment in Canada.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.