Employer Compliance
All departments hiring a foreign worker (including paid AND non-paid positions) must meet the specific requirements and uphold the conditions as set out in the Immigration and Refugee Protection Regulations (IRPR) Employers of temporary foreign workers are expected to be aware of their responsibilities and obligations under the Immigration and Refugee Protection Act (IRPA), and the IRPR.
Further details can be found through Immigration Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada.
Employer's Responsibilities
- Providing the foreign worker with employment in the same occupatioin as that set out in the offer of employment and with wages and working conditions that are substantially the same but not less favourable. (For any changes to the conditions of employment, please contact aroman@sfu.ca OR acadrel@sfu.ca)
- Providing a workplace that is free of physical / sexual / psychological / financial abuse
- Keeping all records associated with the foreign worker and any other document that demonstrates compliance with the program conditions for a period of six years
Record Keeping
Keep Records of Advertising and Recruitment:
For the purpose of record keeping, please retain all advertisement and recruitment documents for:
- 6 years in the case that an application for an LMIA is submitted; or
- for the remainder of the year that the recruitment is completed plus one year when a Canadian or permanent resident is hired; or
To demonstrate compliance with immigration advertising requirements you must keep thorough records to show proof of placement and duration of advertisement postings.
- At the start of advertising be sure to print off a copy of the advertisement on each media site it is posted (including the SFU VPA website), so that the date of printing is indicated on the copy. You must also print out a copy of the advertisement when the posting is completed (i.e., on the last day of the advertising period), once again showing the date of the printing.
- Keep copies of advertising invoices and receipts and correspondence.
- Create records of evaluations of Canadians and Permanent Resident applicants
- Keep electronic files of all applications received
Documents departments may be asked to provide to demonstrate compliance include the following:
| Employment Contract | Jointly signed employment contract including job description and work conditions** (paid or non-paid) |
| Work Permit(s) | Initial and extended work permit(s) (if applicable) for the duration of employment |
| Social Insurance Number (SIN) | Ensure the foreign worker holds a SIN to legally work in Canada |
| Time Sheets | Ensure the worker is working the number of hours set out in their offer of employment |
| Payroll Records | Ensure the appropriate wage/overtime are being paid and deductions (EI, CPP etc) are being made |
| Insurance Coverage | Proof of health insurance coverage for the duration of employment (if applicable) |
** The letter must be signed by the foreign worker AND the hiring department, faculty member or Human Resource department.
This is not an exhaustive list. Departments should keep a record of all documentation in order to demonstrate compliance with program requirements.
Inspections
- One in four employers of temporary foreign workers will be inspected each year
- Inspections may be onsite, conducted without a warrant or through documents-based employer compliance review
- Employers will be required to produce any document necessary to demonstrate compliance with employment and immigration regulations
Consequences for non-compliance
- A ban of, one to ten years or permanent ban of hiring foreign workers campus wide
- Administrative monetary penalties ranging from $500 - $100,000 per violation up to a maximum one million over a year
- Named publicly on government's blacklist