Employer Obligations

An employer is subject to the following conditions under the International Mobility Program and the Temporary Foreign Worker Program: 

  • An employer must be actively engaged in the business as indicated in the offer of employment;
  • An employer must comply with federal, provincial, and territorial laws relating to the recruitment and employment of employees in the province in which the foreign national works;
  • An employer must provide the foreign national with employment in the same occupation as indicated in the offer of employment; 
  • An employer must provide the foreign national with substantially the same, but not less favourable, wages and working conditions as indicated in the offer of employment;
  • An employer must make reasonable efforts to provide a workplace that is free of abuse (physical, sexual psychological, and financial); and
  • The information provided by the employer in the offer of employment is accurate. 

An employer is also subject to the following conditions during an inspection:

  • An employer must retain any document that relates to its compliance with the aforementioned conditions;
  • An employer must report at any time and place specified to answer questions and provide documentation that relates to its compliance with the aforementioned conditions;
  • An employer must provide any documentation that relates to its compliance with the aforementioned conditions;
  • An employer must attend an inspection unless they were not notified of the said inspection.
Occupation

During the period of employment for which the work permit is issued to the foreign national, the employer must provide the foreign national with employment in the same occupation as that set out in the offer of employment or the positive Labour Market Impact Assessment (LMIA) confirmation. The occupation will be classified under the National Occupational Classification (NOC) Code.

If a foreign national’s title and / or duties change(s) during the validity of their work permit but their position is still most appropriately classified under the same NOC Code as indicated in the offer of employment or the positive LMIA confirmation, they should be considered to still be in the same occupation. 

Conversely, if a foreign national is promoted or their duties otherwise change and their new position is most appropriately classified under a different NOC Code than what was indicated in the offer of employment or the positive LMIA confirmation, they must apply for a new work permit before they assume the new position. Otherwise, their employer may be considered non-compliant. 

Wages

During the period of employment for which the work permit is issued to the foreign national, the employer must provide the foreign national with wages that are substantially the same as, but not less favourable than, those set out in the offer of employment or the positive LMIA confirmation.

A wage is considered substantially the same but not less favourable if: 

  • The foreign national is not paid less than the wage stipulated; and
  • The foreign worker is not paid more than 2% higher than the wage stipulated or the rate of inflation for the work period (whichever is higher). 

A pay increase resulting from good performance or pay increments that are greater than 2% or the relevant rate of inflation may be acceptable reasons to increase wages provided that this was advertised as part of the employer’s recruitment efforts and the increase applies to all employees working in the same occupation.

Working Conditions

During the period of employment for which the work permit is issued to the foreign national, employers must provide the foreign national with working conditions that are substantially the same as, but not less favourable than, those set out in the offer of employment or the positive LMIA confirmation.

Working conditions include any non-wage related remuneration, benefits, and entitlements detailed in the offer of employment or the positive LMIA confirmation. For example:

  • Statutory holidays;
  • Sick days, personal days, and vacation days;
  • Hours of work (including overtime);
  • Transportation costs;
  • Accommodation conditions and costs;
  • Extended medical/health insurance;
  • Disability insurance;
  • Dental insurance;
  • Pension; and
  • Other non-taxable benefits.

Document Retention

An employer is required to retain any documentation that could be used to demonstrate their compliance with program conditions for at least six years from the date on which the foreign national commenced work in Canada. An employer should maintain an up-to-date immigration file for each temporary foreign worker. These files should include at least the following documentation: 

  • Copy of the offer of employment or LMIA application and work permit application;
  • Proof of recruitment efforts (e.g. copy of advertisements) and results (e.g. copy of cover letters, resumes, interview notes, etc.) (if applicable);
  • Copy of relevant prevailing wage information and official exchange rate information (if applicable);
  • Copy of the foreign national’s offer of employment, employment contract, assignment letter, and / or relocation agreement;
  • Copy of the foreign national’s position description;
  • Proof of the benefits provided to the foreign national (e.g. proof of payment of private health care coverage, transportation, accommodation, etc.);
  • Copy of the foreign national’s immigration status document(s) (e.g. study permit, work permit, temporary resident visa, etc.);
  • Copy of the foreign national’s Record of Employment (if they are no longer employed with the company); and
  • Proof of items actioned in the transition plan (e.g. job fairs attended, training provided, etc.) (if applicable).