Significant New Penalties For Non-Compliance With Temporary Foreign Worker Program
December 2, 2015
By McMillan |
As part of the Government of Canada’s ongoing overhaul of the foreign worker program, starting December 1, 2015, a new Administrative Monetary Penalty (AMP) regime for violations of the Immigration and Refugee Protection Regulations will come into force. The new AMP regime will be administered by both Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC). The new AMP regime is broader in scope than the current regime and includes significant new penalties for non-compliance.
The Old Regime
Under the old regime, only employers found to be non-compliant with the Temporary Foreign Worker Program (TFWP) (i.e. where a Labour Market Impact Assessment is required) are subject to inspection and penalty. After an inspection, employers face a two-year ban from hiring temporary foreign workers. The ban from hiring temporary foreign workers does not vary depending on the severity of the violation. Employers are not subject to a monetary penalty.