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Employers who use the IMP are Subject to Raids, too?

This past January, Immigration, Refugees and Citizenship Canada (IRCC) released their new procedure for conducting immigration compliance inspections on employers who have foreign workers employed and who were not required to prove that Canadian citizens and permanent residents were given preference in the hiring process.  Employers with this type of set-up are part of Canada’s International Mobility Program (IMP), and include categories such as intra-company transfers and professionals covered by free-trade agreements.

When conducting the inspections, some of the assessments that the IRCC make include whether the employer is providing the foreign worker with the same job, wage and working conditions that were originally represented, whether the workplace is free from abuse, and whether the employer is in compliance with recruitment laws.  Violations of these and other rules are evaluated to determine whether the violations were made as a result of something out of the employer’s control, such as a change in a collective agreement made by a union, or economic downturn.  If a violation is found and there are no justifying causes, the employer may face penalties such as fines or the inability to hire foreign workers in the future.

For more information on the topic of immigration inspections, check out my latest Aikins newsletter article here.

*This blog was co-written by Leanne Verreault, immigration legal assistant.

 

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About Reis Pagtakhan

Reis Pagtakhan is an immigration law partner with MLT Aikins LLP. His extensive experience includes assisting businesses obtain temporary entry to Canada and permanent residency for their executives, employees and contractors from all over the world. Reis has lectured on and written papers on immigration law for the Law Society of Manitoba, the Manitoba Bar Association, the Human Resources Management Association of Manitoba, the Canadian Corporate Counsel Association, and the Community Legal Education Association of Manitoba. He has presented position papers before the Minister of Citizenship and Immigration, Immigration Department officials and Manitoba Labour and Immigration. He has written articles on immigration for the CBC, the Winnipeg Free Press, trade, industry and ethnic publications.

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