Employer compliance: what an inspection checks, and how to prepare.

The federal government inspects employers of temporary foreign workers: Employment and Social Development Canada (ESDC) for hires with an LMIA, and IRCC for hires through the International Mobility Program. An inspection checks that the conditions promised in the job offer and the application (job, wage, working conditions) are the ones the worker actually has.

Visa Canada Rouge, an immigration consulting firm in Montréal, helps employers understand their obligations, organize their records and prepare for an inspection.

Your obligations as an employer

According to ESDC, employers must, among other things:

• meet the requirements of the LMIA, the decision letter and its annexes, and the Immigration and Refugee Protection Regulations;
• keep all relevant records for 6 years from the first day of the period of employment covered by the work permit: LMIA documents, regulatory conditions, decision letter commitments and, where applicable, changes in housing;
• report right away any change or error in an approved LMIA, and any change in the worker's working conditions;
• address compliance issues and report them voluntarily.

What an inspection checks

Inspectors can look at 29 conditions. Among the main ones, the employer must:

• comply with federal, provincial and territorial laws on employment and recruitment;
• stay active in the same business as in the offer for the length of the permit;
• give the worker the same job as in the offer;
• pay wages and provide working conditions that are substantially the same as, and never less favourable than, those in the offer;
• make every effort to provide a workplace free of abuse;
• meet the commitments made in the LMIA (job creation, training, skills transfer) and prove the information provided was accurate;
• provide adequate housing, for Seasonal Agricultural Worker Program employers.

How an inspection works

An inspection can be triggered by suspected non-compliance, past non-compliance, or simply random selection. It can be on-site or virtual, announced or unannounced, and without a warrant (except for a private home). Inspectors can:

• examine the LMIA, its decision letter and annexes;
• review how workers were treated up to 6 years after they started;
• interview workers and employees;
• request copies of documents, take photos or recordings, and examine electronic devices related to the employment.

The employer must attend, answer questions, prove compliance and follow up within the deadline. Failing to cooperate with an inspection is a violation in itself.

If an issue is found

1. Initial finding: you're asked to justify the issue, explain what you corrected and what you put in place so it doesn't happen again. If the justification is accepted, the inspection ends.
2. Notice of preliminary finding: issued if the justification is missing or not accepted. You have 30 days to respond with new information; an extension can be requested.
3. Notice of final determination: it sets out the conditions violated, the consequences and the next steps.

Possible sanctions

Only a warning doesn't lead to the business name being published. An employer that becomes ineligible because of a ban or unpaid penalties won't receive a positive LMIA on pending applications, and processing fees aren't refunded. The list of non-compliant employers is public.

Prepare before you're asked

• One file per worker: signed offer, LMIA or offer of employment number, work permit, pay stubs, schedules, recruitment evidence.
• Documented changes: a raise, a schedule change or a new location should be explained in writing; some changes require a new application.
• Deadline tracking: each permit's expiry date and the renewals to plan.
• Clear internal rules against abuse, with a designated person responsible.

In Québec, provincial labour standards and health and safety rules apply on top of the federal conditions. See our page on the LMIA in Québec and our guide hiring in Québec: LMIA, CAQ and work permit.

Common mistakes to avoid

• Paying less than the offered wage, even temporarily.
• Assigning different duties from the declared job.
• Discarding records before the 6 years are up.
• Ignoring a notice or responding after the 30-day deadline.
• Moving the worker to another work location without checking the permit's conditions.

What we do for you

• Review your obligations based on the type of hire (LMIA or exemption)
• Organize the records to keep and permit tracking
• Check, before any change of job, wage or location, whether a new application is needed
• Support you in responding to an inspection request or a notice

To talk it through, book an employer consultation or see our employers page.

Frequently asked questions

How long must I keep records?

Six years from the first day of the period of employment covered by the work permit, according to ESDC.

Can I be inspected for no particular reason?

Yes. Besides suspicions or past non-compliance, employers can be selected at random.

Can I give my worker a raise?

Wages and conditions must never be less favourable than in the offer. According to ESDC, a raise may be acceptable up to the current rate of inflation for the year, but the reason for it will be reviewed.

How long do I have to respond to a notice of preliminary finding?

30 days from the date of the notice. An extension can be requested; it's considered case by case.

What are the penalties?

A warning, monetary penalties of up to $100,000 per violation ($1 million per year at most), a hiring ban, publication of the business name, and suspension or revocation of LMIAs.

Does compliance also apply to LMIA-exempt hires?

Yes, an employer hiring through the International Mobility Program on an employer-specific permit must also respect the conditions of the offer; the most serious bans cover both programs.

Official sources: Employment and Social Development Canada, "Compliance information for employers hiring temporary foreign workers" (May 12, 2026); IRCC, "Employers who have been found non-compliant". Accessed October 11, 2026.