As of December 1, 2015, Immigration, Refugees and Citizenship Canada (Immigration Canada) has the authority to issue administrative monetary penalties (AMPs) with respect to immigration non-compliance.
If Employment and Social Development Canada (Service Canada) (acting in its own capacity or on behalf of Immigration Canada) makes a finding that an employer has failed to comply with one or more conditions and the failure to do so was not justified, the employer may be penalized depending upon when the non-compliance occurred.
If an employer failed to comply with the conditions before December 1, 2015, the only penalty is a ban from hiring temporary foreign workers through the Temporary Foreign Worker Program or the International Mobility Program for a period of two years from the date on which the decision was made.
If an employer failed to comply with the conditions on or after December 1, 2015, an employer may be subject to a wide range of penalties, including the following:
- A warning;
- An administrative monetary penalty ranging from $500 to $100,000 per violation (up to a maximum of $1 million per year);
- A ban from hiring temporary foreign workers;
- The publication of the employer’s name and details of the non-compliance; and
- The revocation of previously issued Labour Market Impact Assessments (LMIAs) and / or work permits.
The penalty will be determined through an assessment process that ascribes points for the violation(s) based on the following factors:
- The type of non-compliance;
- The employer’s compliance history;
- The severity of non-compliance;
- The size of the employer’s business (for financial penalties only); and
- Whether or not the employer made a voluntary disclosure.
If an employer makes a voluntary disclosure prior to an inspection or any enforcement action being initiated and the voluntary disclosure is considered acceptable by the adjudicating officer, four points will be deducted from the total points calculated for the violation. There are various factors that an adjudicating officer will consider when assessing whether a voluntary disclosure is acceptable, including the following:
- Completeness of the voluntary disclosure
- Severity of the violation
- Timeliness of the disclosure
- Number of times an the employer has made a voluntary disclosure
- Nature of the violation