Voluntary disclosure and corrective action
On or after December 1, 2015, employers who suspect they may not be complying with conditions of the TFWP are encouraged to take necessary actions to become compliant and to voluntarily disclose this information to ESDC/Service Canada.
ESDC/Service Canada may choose to launch an inspection following receipt of a voluntary disclosure (based on reason to suspect non-compliance) to verify whether or not a violation occurred. If an inspection is conducted following a voluntary disclosure and an employer is found non-compliant, they may face a reduced consequence (e.g. a warning instead of an administrative monetary penalty and no publication of their name on a public list). In such cases, ESDC/Service Canada will consider several factors to determine if the employer qualifies for a reduced consequence, including:
- the completeness of the disclosure;
- whether the disclosure is voluntary (i.e. the employer is not already subject of an inspection or another enforcement action under the IRPA);
- the severity of the impact of the non-compliance on the foreign worker;
- the severity of the impact of the non-compliance on the labour market;
- the timeliness of the disclosure;
- the frequency of voluntary disclosures; and
- the nature of the condition the employer has failed to comply with (e.g. the complexity of the condition that has been violated).
For more information on making a voluntary disclosure, please contact the Employer Contact Centre at 1-800-367-5693.
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