Employers who have been non-compliant

Employers who hire temporary workers may be inspected to make sure they meet their responsibilities as an employer under the Temporary Foreign Worker Program or International Mobility Program. If an employer is found non-compliant, they can receive:

• a monetary penalty, and/or
• a ban from hiring temporary workers. (These employers are ineligible to hire temporary workers for a period of time.)

Employers who were found non-compliant:

Reasons employers were found non-compliant

Employers may be non-compliant for one or more of the following reasons:

1. The employer could not show that the information they listed in the offer of employment was true, for a period of six years, starting on the first day the temporary worker worked for them.
   Provision: 209.2(1)(b)(i)
2. The employer did not keep documents that show they met the conditions of employing a temporary worker, for a period of six years, starting on the first day the temporary worker worked for them.
   Provision: 209.2(1)(b)(ii) or 209.3(1)(c)(ii)
3. The employer did not have the money to pay the wages agreed to with a live-in caregiver.
   Provision: 209.3(1)(a)(iii)(C)
4. The employer could not show that the description they gave for the job on the Labour Market Impact Assessment application was true, for a period of six years, starting on the first day the temporary worker worked for them.
   Provision: 209.3(1)(c)(i)
5. The employer did not show up for a meeting with the inspector, to answer questions and give documents the inspector asked for.
   Provision: 209.4(1)(a)
6. The employer did not give the inspector the documents they asked for.
   Provision: 209.4(1)(b)
7. The employer did not show up for an inspection, and did not help or give information to the inspector when asked to.
   Provision: 209.4(1)(c)
8. The employer broke federal and/or provincial/territorial laws about hiring and recruiting employees in the province/territory where the temporary worker works.
   Provision: 209.2(1)(a)(ii) or 209.3(1)(a)(ii)
9. The pay and/or working conditions did not match, or were not better than, what was listed on the offer of employment, or the job was not the same as what was listed on the offer of employment.
   Provision: 209.2(1)(a)(iii) or 209.3(1)(a)(iv)
10. The live-in caregiver was not living in a private home in Canada or was not providing unsupervised care for a child, senior or disabled person within the home.
    Provision: 209.3(1)(a)(iii)(A)
11. The hiring of the temporary worker did not create new jobs or job stability for Canadian citizens or permanent residents.
    Provision: 209.3(1)(b)(i)
12. The hiring of the temporary worker did not result in Canadian citizens or permanent residents getting new or improved skills and knowledge.
    Provision: 209.3.(1)(b)(ii)
13. The employer did not hire or train Canadian citizens or permanent residents as they agreed to.
    Provision: 209.3(1)(b)(iii)
14. The employer did not put in enough effort to hire or train Canadian citizens or permanent residents as they agreed to.
    Provision: 209.3(1)(b)(iv)
15. The employer was not actively engaged in the business that the temporary worker was hired to work for (aside from live-in caregivers).
    Provision: 209.2(1)(a)(i) or 209.3(1)(a)(i)
16. The live-in caregiver did not receive private and furnished living space in the home.
    Provision: 209.3(1)(a)(iii)(B)
17. The employer did not put in enough effort to make sure the workplace was free of:
    • physical abuse,
    • sexual abuse,
    • psychological abuse, and
    • financial abuse.
    Provision: 209.2(1)(a)(iv) or 209.3(1)(a)(v)