Whilst the Federal Government is contemplating changes to the Temporary Foreign Worker Program (TFWP) to alleviate skill shortages employers are experiencing across Canada, it is also focusing on compliance through a significant increase in the number TFWP inspections it is carrying out.
An inspection can be triggered at random, by a whistleblower or, as is more often the case when an employer that has previously used the TFWP applies for a new Labour Market Impact Assessment (LMIA).
A compliance inspection will be complex, lengthy and time consuming if an employer cannot provide clear and concise information together with the required supporting documentary evidence.
Your company may never be inspected, but if it was and was found to be non-compliant, the penalties and repercussions could be significant and far reaching.
Clark Wilson LLP recommends that employer's carryout their own internal inspections to assure themselves they are using the TFWP correctly. Then, if any areas of weakness are identified, you will have the opportunity to rectify them without the added pressure of a government inspector and potential penalties.
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