(587) 705-0764
Ackah Business Immigration Law – Personal and Corporate Immigration
Contact us

Contact Information

1 (403) 452-9515

1 (800) 932-1190

Book a Free Consult

More Options...

Episode 9: Immigration Compliance Audits and Portals

Podcast posted on by Evelyn Ackah in Compliance and HR Audits and Compliance Audit Services

Episode 9: Immigration Compliance Audits and Portals

Listen on Apple Podcasts

Listen on Spotify Podcasts

Listen on YouTube Podcasts

Listen on Amazon Podcasts

Or listen on your favourite podcast app

Be Prepared!

We are finding that more clients - both businesses and individuals - are receiving random Canada immigration compliance audits to confirm that salary, hours, benefits, etc. are accurate and consistent with what was referenced when the initial compliance portal was completed - and we want you to be ready.

Fact Sheet

With the International Mobility Program (IMP), the government introduced an Employer Compliance Fee in the amount of $230 per work, as well as the mandatory requirement for the employer to complete and submit an Offer of Employment.

The Offer of Employment requires that the employer declare the wage, benefits and working conditions the foreign national would be working under. As well, the Offer of Employment requests background information of the employer (company legal name, Canada Revenue Agency number, number of employees, gross annual income, etc…), the job title, duties, requirements for the position and the location of work.

Any employer named on a work permit issued to a foreign national on or after December 31, 2013, may be selected for a compliance inspection. Triggers for an inspection are:

  1. Known for non-compliance
  2. Random selection; or
  3. Reason to suspect non-compliance

The Case Management Branch (“CMB”), Investigation and Exceptional Cases Division initiates the inspection. The CMB may request that ESDC or Service Canada conduct the compliance review on behalf of Immigration, Refugees and Citizenship Canada or conduct the review themselves.

Pursuant to the Immigration, Refugee Protection Regulations 209.4 the Employer must make reasonable efforts to meet the conditions and cooperate to the greatest extent possible. The following conditions may be inspected at any time within six years of the issuance of the work permit naming the employer.

  1. The Employer must remain actively engaged in the business as noted in the Offer of Employment
  2. The Employer must comply with the Federal and Provincial/Territorial laws that regulate employment in the province in which the foreign national works
  3. The Employer must provide the foreign worker with employment in the same occupation as set out in the Offer of Employment with wages, working conditions that are substantially the same as, but not less favourable than those in the Offer of Employment
  4. The Employer must make reasonable efforts to provide the worker with a workplace that is free from abuse, specifically:
    1. Physical abuse
    2. Sexual abuse
    3. Psychological abuse; and
    4. Financial abuse.
  5. The Employer must be able to demonstrate that any information provided in the Offer of Employment was accurate
  6. The Employer must retain any document that relates to compliance with the conditions


Employers found non-compliant are subject to a range of consequences that are determined on a points system. When determining the severity of the consequence the following are considered:

  • The type of violation
  • Compliance history
  • The severity of non-compliance
  • Size of the business (for financial penalties only); and
  • Whether information was voluntarily disclosed about possible non-compliance before an inspection was initiated.

Possible penalties may include:

  • Warnings
  • Monetary penalties ranging from $500 to $100,000 per violation, up to a maximum of $1 million over one year
  • Ban of one, two, five, ten years or permanently from hiring a foreign worker
  • The employer company’s name and penalty published on the list of employers who failed to comply with the conditions (when issued a monetary penalty and/or a ban)
  • Work permit applications associated with the business being refused; and
  • Previously issued work permits associated with the business being revoked.

Ackah Business Immigration Law Compliance Audit Services can assist you to prepare for a Compliance Review/Inspection and ensure that your organization complies with Immigration, Refugees and Citizenship Canada’s Temporary Foreign Worker Program (LMIA) and the International Mobility Program (LMIA exempt) requirements – before you receive a call from the government – Be Prepared.

After an exhaustive process, you finally have the skilled workforce your business needs. Now the Canadian government is implementing an aggressive compliance regime that could include reviews and inspections at your place of work. Compliance reviews will be focusing on the attestations and declarations made on the LMIA forms under the Temporary Foreign Worker Program as well as the Offer of Employments made under the International Mobility Program. You need to ensure your business remains in compliance with the terms of the programs at all times. If you are selected for a Compliance Review, are you prepared?

Learn More

Evelyn L. Ackah, BA, LL.B.

Founder/Managing Lawyer

Ms. Ackah is passionate about immigration law because it focuses on people and relationships, which are at the core of her personal values. Starting her legal career as a corporate/commercial ...

More About Evelyn L. Ackah, BA, LL.B.

Dozens Of Foreign Workers Detained at Canada Resorts: Don't Let This Happen To Your Business

BOOK YOUR FREE CASE EVALUATION Canadian employers hire hundreds of thousands of foreign workers every year - and the demand is growing. Recent headlines announced that dozens ...

Read More

Ackah Business Immigration Law Launches Global HR Immigration Webinar Series

BOOK YOUR FREE CASE EVALUATION CALGARY, ALBERTA, CANADA, August 25, 2022 / EIN Presswire / Ackah Business Immigration Law has launched a Canada and U.S. immigration webinar series ...

Read More

Are You Offering Immigration Benefits? Why U.S. Employers Are Offering Immigration Coverage to Attract Foreign Talent

Amidst the ongoing labour shortage, employers in just about every industry are facing significant challenges in filling critical positions within their companies. In today’s ...

Read More

Episode 39: Global Parking and Nearshoring in Canada for HR Professionals

Global HR Series Calgary immigration lawyer and U.S. NAFTA lawyer Evelyn Ackah discusses what American and Canadian employers and foreign workers need to know about visas, global ...

Read More

Immigration Compliance Best Practices for Employers

Business immigration laws, regulations and programs change rapidly and can be confusing. A global workforce requires dedicated management needs and time to make sure the company ...

Read More

Employment-Based Immigration Human Resources Services

Canada is actively recruiting trained, skilled foreign workers to help grow the local and national economy, to provide much-needed skills, and to provide workers to supplement ...

Read More

After speaking with you I feel very comfortable with both you and your services, and would like to use your firm in the future.

John H.

View All Testimonials