Can Service Canada inspect my business after I hire a foreign worker on an LMIA?
Yes. Service Canada conducts compliance inspections of employers who have hired foreign workers under the Temporary Foreign Worker Program (TFWP). These inspections are part of the federal enforcement framework and can be triggered randomly or by a complaint.
During an inspection, Service Canada may review whether the employer is paying the wage committed to in the LMIA, whether the foreign worker is actually performing the duties described in the work permit and LMIA, whether the workplace conditions meet the applicable health and safety standards, and whether the employer has complied with any other conditions of the LMIA.
Employers found to be non-compliant face serious consequences including monetary penalties, temporary or permanent bans from the TFWP, and public listing on a government non-compliance registry. The foreign worker's permit may also be affected.
Ontario employers must also comply with provincial employment standards under the Employment Standards Act, 2000, which operates separately from the federal LMIA compliance framework. Both sets of obligations apply.
Maintaining thorough records — payroll records, employment contracts, and time records — is the best way to be prepared for an inspection and to demonstrate compliance.
Key takeaways
- Service Canada can audit employers who hired foreign workers under an LMIA at any time.
- Inspections check wages, job duties, workplace conditions, and other LMIA commitments.
- Non-compliance penalties include fines and bans from the TFWP.
- Ontario's Employment Standards Act applies alongside federal LMIA obligations.