Compliance inspections for Employers of the Temporary Foreign Worker Program during a pandemic

From: Employment and Social Development Canada

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New amendments in the Immigration and Refugee Protection Regulations

On April 20, 2020, new amendments to the Immigration and Refugee Protection Regulations (IRPR) came into effect.

Under the IRPR, we have the right to verify that you comply with the Temporary Foreign Worker Program (TFWP). This includes during the mandatory period of quarantine when the TFWs’ arrive in Canada.

Please note the requirements for TFWs to quarantine

As an employer, you must:

It is your duty to follow your Labour Market Impact Assessment (LMIA) and the IRPR conditions.

We still conduct onsite inspections during the pandemic. Our inspectors are trained in proper COVID-19 safety protocols and in reducing cross-infection between sites.

If there is an outbreak or workers are in quarantine, we inspect virtually.

Virtual Inspections in a Pandemic

Your inspector will tell you the date and email address to send your documents. These times will be tight, so please ensure that you respond promptly.

Launching an inspection

We select employers for inspections when:

Preparing for temporary foreign workers (TFWs)

You must:

If you provide living-quarters, you must also ensure:

If the TFWs develop any COVID-19 signs or symptoms during the period of employment, you must ensure that they:

Information required for the inspection

When selected for an inspection, an inspector will contact you by phone and email. You must cooperate in a timely manner with the inspector’s requests. This includes emailing documents. Failure to do so may result in penalties and/or a ban from the program.

You must show that you provide the following:

You may have to provide a virtual tour of the living spaces.

Inspectors will interview TFWs via phone or video conference.

When responding to requests for documents, please remove details that could identify people, such as:

Finding illness

If we detect COVID-19, we will report this to local public health officials for action.

Penalties for non-compliance

The penalties reflect how seriously we take non-compliance with the Quarantine Act and the Emergencies Act, and the IRPR.

Penalties could include:

We will send you all Notices of Preliminary Findings (NOPF) and Notices of Final Determinations (NOFD) by e-mail and registered mail.

You have the right to a judicial review of the NOFD, if you do not agree with the final result.

More information

COVID-19 continues to evolve. Please consult TFW Program compliance for the latest information.

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