What obligations does a Canadian employer have toward a foreign worker hired through an LMIA?

Employers who hire foreign workers through the Temporary Foreign Worker Program take on ongoing obligations from the moment the worker begins employment. These obligations flow from federal TFWP rules, the conditions of the LMIA, and the conditions stated in the worker's work permit.

Core federal obligations include: paying the worker the wage committed to in the LMIA (the prevailing wage), ensuring the worker performs the duties described in the LMIA and work permit, maintaining a safe workplace that complies with the applicable occupational health and safety legislation, and not requiring the worker to repay the LMIA fee or engage in any practice that would amount to abuse.

Ontario employers also have separate obligations under provincial law — the Employment Standards Act, 2000 covers minimum wages, public holidays, overtime, vacation, and termination rules. The Occupational Health and Safety Act governs workplace safety. These provincial rules apply to foreign workers the same as any other worker.

If the worker's employment ends early, the employer should understand the potential impact on the worker's immigration status and consider their obligations under the provincial ESA.