consequences for a Canadian employer who fails to comply with the requirements for sponsoring a foreign worker
If a Canadian employer fails to comply with the requirements for sponsoring a foreign worker, they may face several consequences. These consequences can include:
Administrative Monetary Penalties (AMPs): The employer may be subject to monetary penalties ranging from $500 to $100,000 per violation, with a maximum of $1 million over one year per employer Ban on Hiring Foreign Workers: The employer may be banned from hiring foreign workers for a period of one, two, five, or ten years
- Publication of Non-Compliance: The employer’s name and address may be added to a list of non-compliant employers posted on the Department of Immigration, Refugees and Citizenship Canada’s website
- Ineligibility for Work Permits: Work permits may not be issued to employers added to the public list for a period of two years from the date of the determination
- Loss of Foreign Workers: The foreign workers may be removed from Canada and prohibited from re-entering the country for two years if there is evidence of misrepresentation
- Criminal Penalties: Employers and employees who knowingly participate in illegal hiring schemes may face fines of up to $100,000 and terms of imprisonment of up to five years.To avoid these consequences, employers must adhere to the requirements for sponsoring a foreign worker, including obtaining a Labor Market Impact Assessment (LMIA) and ensuring compliance with the conditions set out in the LMIA. Employers should also make reasonable efforts to provide a workplace free of abuse and comply with federal and provincial laws that regulate employment and the recruiting of employees
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