Once an employer has been issued a positive Labour Market Impact Assessment (LMIA) or have issued a job Offer which is LMIA exempt via the Employer Portal, they may be subject to a routine Audit from Service Canada. The purpose of the audit is to ensure that the employer is complying with the condition of the job offer and remain compliant with the temporary foreign worker program.
An Audit can be issued within months of the job offer and can also be issued within 6 years of the issuance of the job offer. The main reason an Audit is issued is quality control where an employer is pick randomly for assessment, however audits are also conducted where Service Canada believe there to be non-compliance with the program.
In an audit the officer will be assessing the condition of the original job offer to ascertain that the employer is in compliance. This includes:
Remuneration – The Service Canada officer will select a period and request that the employer provide pay slips issued to the foreign worker to ensure that they are being paid the agreed wage from the original job offer including over time rates. The officer assesses the foreign workers pay slip against their time sheet.
Hour per week – The officer will assess whether the foreign worker is been given the same number of hour week as originally agreed.
Occupation and responsibilities – The officer will ascertain whether the foreign worker is working in the occupation and performing the same duties and responsibilities as originally agreed.
Location – The officer will assess that the foreign worker is working in the same location as per the original job offer
If an employer is deemed to be in non-compliance with the temporary foreign worker program, Service Canada will issue a penalty proportional to the level of non- compliance. Please note that this is taking very seriously which result in some employers being barred from the program and in extreme circumstance are fined as much as $100,000 or face incarceration.
If you require assistance with your audit or wish to prepare for a possible audit, please contact us for more information.