Employers who have been found 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 either or both of the following:

• a monetary penalty
• 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

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

1. The employer couldn't show that the information they listed in the offer of employment was true, for a period of 6 years, starting on the first day the temporary worker worked for them.
   Provision: 209.2(1)(b)(i)
2. The employer didn't keep documents that showed they met the conditions of employing a temporary worker, for a period of 6 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 didn't have the money to pay the wages agreed to with a live-in caregiver.
   Provision: 209.3(1)(a)(iii)(C)
4. The employer couldn't show that the description they gave for the job on the Labour Market Impact Assessment application was true, for a period of 6 years, starting on the first day the temporary worker worked for them.
   Provision: 209.3(1)(c)(i)
5. The employer didn't 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 didn't give the inspector the documents they asked for.
   Provision: 209.4(1)(b)
7. The employer didn't show up for an inspection, and didn't help or give information to the inspector when asked to.
   Provision: 209.4(1)(c)
8. The employer broke federal, provincial or territorial laws for hiring and recruiting employees in the province or territory where the temporary worker worked.
   Provision: 209.2(1)(a)(ii) or 209.3(1)(a)(ii)
9. The pay or working conditions didn't 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 wasn't 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 didn't 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 didn't result in Canadian citizens or permanent residents getting new or improved skills and knowledge.
    Provision: 209.3(1)(b)(ii)
13. The employer didn't hire or train Canadian citizens or permanent residents as they agreed to.
    Provision: 209.3(1)(b)(iii)
14. The employer didn't 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 didn't receive private and furnished living space in the home.
    Provision: 209.3(1)(a)(iii)(B)
17. The employer didn't put in enough effort to make sure the workplace was free of any of the following:
    • physical abuse
    • sexual abuse
    • psychological abuse
    • financial abuse
    Provision: 209.2(1)(a)(iv) or 209.3(1)(a)(v)
18. The employer stopped the foreign national from complying with an order or regulation made under the Emergencies Act or the Quarantine Act.
    Provision: 209.2(1)(a)(v) and 209.3(1)(a)(vii)
19. The employer stopped the foreign national from complying with a provincial law that governs public health.
    Provision: 209.3(1)(a)(iii)(B)
20. The employer didn’t provide wages to the foreign national that were substantially the same as those set out in the offer of employment, during the period the foreign national was required to isolate or quarantine themselves on entry into Canada.
    Provision: 209.2(1)(a)(vii) and 209.3(1)(a)(xii)
21. The employer didn’t provide the foreign national with accommodations that were separate from those provided to persons not in quarantine, and that permitted the foreign worker to remain at least 2 metres away from any other person.
    Provision: 209.3(1)(a)(ix)
22. The employer didn’t provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularly.
    Provision: 209.3(1)(a)(x)
23. The employer didn’t provide a foreign national, who developed any signs or symptoms of COVID-19, with accommodations that had a bedroom and a bathroom solely for the use of the foreign national while they isolated themselves.
    Provision: 209.3(1)(a)(xi)
24. The employer didn’t provide adequate accommodations to a foreign national employed to perform work under an international agreement concerning seasonal agricultural workers between Canada and one or more countries.
    Provision: 209.3(1)(a)(vi)