Temporary Foreign Worker Program – New Tools and Updates on Compliance 

The Government of Canada has provided some important compliance-related information for the Temporary Foreign Workers Program (TFW Program) stakeholders.

New: Updated Compliance Information for Employers  

Service Canada has updated Appendix D of the Labour Market Impact Assessment (LMIA) positive decision letter. In this updated appendix, employers will find information about their obligations as users of the TFW Program, as well as useful information and links to support their compliance.   

Reminder: Employment Agreement  

  • On or before the first day of work, the employer must complete an employment agreement with each temporary foreign worker.   
  • The agreement must be in English or French (Canada’s official languages) depending on the temporary foreign workers’ choice.   
  • The employment agreement must reference the same wage, occupation and working conditions as those outlined in the LMIA.   
  • Both the temporary foreign worker and the employer must sign this agreement. On or before the first day of work, the employer must give the worker a signed copy and keep their own copy.   

  Sample templates of ‘employment agreement’ are available to employers, but they are free to develop and use their own agreement, provided it contains all necessary information. For the Seasonal Agricultural Worker Program (SAWP) only, a Spanish version of the template is also available for reference purposes. Please note that the employment agreement is not meant to replace the contract for the employment in Canada of SAWP.    

For more information on employment agreements, please visit the following links:    

Top 5 Reasons for Non-Compliance  

Service Canada can conduct an inspection up to six years after a temporary foreign worker has started working.    

Here are some common compliance challenges faced by employers over the past year:    

  1. Failure to provide documents required: this includes documents related to the LMIA, to the conditions set out in the Immigration and Refugee Protection Regulations (IRPR), and with the requirements and conditions outlined in the LMIA decision letter and its annexes.  
  2. Working Conditions: if there are changes to the temporary foreign workers’ working conditions, the employer should consult Modification to a Positive Labour Market Impact Assessment.  
  3. Wages: temporary foreign workers must be paid wages substantially the same, but not less favourable than what is specified in the LMIA.   
  4. Failure to retain documents for six years: the employer must keep all relevant records for six years beginning on the first day of the period of employment for which the permit was issued.  
  5. Non-compliance with Federal/Provincial/Territorial Laws: the employer must comply with the laws that regulate employment and recruiting in the province or territory in which the temporary foreign worker is working.   

  For more information, please consult Compliance information for employers hiring temporary foreign workers.  

  New: Compliance Outreach Sessions   

Did you know that outreach sessions are offered to employers? These popular sessions are designed to help employers, associations, and stakeholders better understand their rights and responsibilities in the TFW Program.  In these interactive sessions, we discuss:   

  • an overview of the inspection process,  
  • the authorities of the Program,   
  • the employers’ responsibilities and obligations,  
  • statistics on compliance rates within the Program, and  
  • common reasons for non-compliance.   

  This is a good opportunity for employers and organizations to learn more about the Program and their role in it. We also plan to offer sessions to new TFW Program employers. To learn more or book a seat in a session, please contact Service Canada via email ( EDSC.SENSIBILISATION.PTET-TFWP.OUTREACH.ESDC@servicecanada.gc.ca ) directly. Please note that we will only respond to emails about outreach sessions from this email address.  

New: Employer Information Sheet for Inspections  

During an inspection, employers must provide documents to prove compliance with the Program requirements and conditions. To help prepare, employers can consult the attached Information Sheet, which lists what may be required during an inspection. However, each inspection is different, and you may be asked to provide additional documents to the ones listed in the Information Sheet.

Voluntary Disclosure  

If an employer believes that it has not been complying with the requirement and conditions of the TFW Program, it can contact Service Canada using the voluntary disclosure form.If you have questions related to your obligations as an employer or need help with the Temporary Foreign Worker Program, please visit Canada.ca or communicate with the Employer Contact Centre.    

Helpful Links   

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