How to report a Canadian employer who is not complying with the requirements for sponsoring a foreign worker
Reporting a Canadian Employer for Non-Compliance in Sponsoring a Foreign Worker
If you suspect a Canadian employer is not complying with the requirements for sponsoring a foreign worker, you can report this issue to the appropriate authorities. Here is the process for reporting non-compliance:
- Inspection and Determination: An officer will conduct an inspection to assess the employer’s compliance with the conditions set out in the offer of employment. If there are concerns about non-compliance, a procedural fairness letter will be sent to the employer
- Employer Response: The employer has 30 days from receiving the letter to provide written submissions justifying their compliance. If needed, the employer can request an extension with a reasonable explanation
- Determination of Non-Compliance: If the officer finds that the employer is non-compliant, consequences will be applied. The employer’s name and address may be added to a public list on the department’s website, and work permits may not be issued to them for two years
- Sanctions: Violations of conditions may lead to sanctions determined through an assessment process based on compliance history and severity of violations
- Revocation: In severe cases, revocation of an LMIA or positions on an LMIA may occur, preventing work permits from being issued to foreign workers associated with that employer
- Administrative Tools: Authorities have tools like warning letters, administrative monetary penalties, and bans of varying lengths to address non-compliance by employers
By following these steps and reporting instances of non-compliance, you can help ensure that Canadian employers adhere to the regulations set out by Immigration Refugees and Citizenship Canada (IRCC) when sponsoring foreign workers
