For the Immigration, Refugees and Citizenship Canada (IRCC) International Mobility Program (IMP), If a Case Management Branch (CMB) Senior Decision Maker determines after an inspection that an employer has committed a violation resulting in an Administrative Monetary Penalty (AMP) or ban being applied because that employer failed to comply with one of the conditions imposed under the regulations and has notified the employer of that determination, the employer will have their name published on a public list.
In addition, if a CMB Senior Decision Maker determines, during the processing of a work permit, that the employer failed to satisfy the criteria set out in R200(1)(c)(ii.1)(B)(I) or R203 (1)(e)(i) and the failure to do so was not justified by the employer under R203(1.1), the employers name will be added to the list.
The public list will include information about the employer and the period of ineligibility. As per R200(3)(h)(i) to (iii), no work permit shall be issued for a foreign national to work for an ineligible employer.
Important: Processing officers should be aware that simply being on the public list does not make an employer ineligible. Officers must check the Status column to confirm eligibility. Employers who have received an AMP but no ban remain eligible to employ foreign nationals unless they have not paid the AMP or have not entered into and complied with a payment agreement.
Publication of an employer’s information
The change in regulations implementing the AMP and varied ban lengths included a transitional provision (Clause 10) indicating that the penalty in place at time of the non-compliance event applies.
Non-compliance events prior to December 1, 2015
If the non-compliance to the condition(s) took place before December 1, 2015, the Regulation(s) that were in effect at that time (pre-December 1, 2015) will determine the period of ineligibility for the employer and the details to accompany the publication of the employer name. As a result, in terms of disclosure of information, only the names, addresses, date of final decision and ban period of these ineligible employers will be included in the list of Employers who have been non-compliant [R209.91(1) repealed].
The ‘Reason(s)’ field in the list will remain blank whenever the employer’s ineligibility was determined on a violation that occurred before December 1, 2015.
Non-compliance events on or after December 1, 2015
In accordance with R209.997, once a Notice of Final Determination (NOFD) for a violation of a condition, listed in R209.2 (IMP), R209.3 (TFWP) or R209.4 (both IMP and TFWP), has been issued, and an AMP or ban imposed, the name of the employer and all relevant information referred to in subsection R209.997(2), must be added to the list of Employers who have been non-compliant on IRCC’s website. The list serves to ensure that officers, potential foreign workers and the public are aware that the employer did not comply with one or more conditions set out in the Regulations and that an AMP or a ban was applied.
Non-compliant employers who were issued only a warning letter will not be listed as per R209.997(1).
Roles and responsibilities
Both IRCC and Employment and Social Development Canada (ESDC) are involved in ensuring that a non-compliant employers name is published as required by the regulations. The following is a breakdown of the roles and responsibilities.
Employment and Social Development Canada (ESDC) - Temporary Foreign Worker Program (TFWP)
Employers who have been found in violation of the conditions outlined in R209.3(1) or R209.4(1) by ESDC will also be included on IRCC’s website, and will be ineligible to hire foreign workers under the TFWP and IMP.
- ESDC will send employer information directly to IRCC Communications Branch for posting with a copy to IRCC Case Management Branch.
- ESDC will ensure that the information received by IRCC is accurate and timely.
Immigration, Refugee and Citizenship Canada (IRCC) - International Mobility Program (IMP):
Case Management Branch (CMB) role
Once a senior decision maker makes a determination of non-compliance and issues a Notice of Final Decision, the following information must be sent to Communications Branch as per the requirements of R209.997(2):
For both pre and post-December 1, 2015 events:
- the business operating name and business legal name;
- business address;
- date of final determination;
- whether or not the employer is currently eligible to employ a foreign national for whom a work permit is required,
- the ineligibility period or ban of the employer
For post December 1, 2015 events only:
- the conditions with which the employer failed to comply, as the case may be;
- the AMP amount.
Communications Branch role
- Update IRCC’s website with the employer information within regular business hours.
- Updates received outside business hours will be posted the next business day, unless previously arranged with the Communications Branch.
Review of employer eligibility during work permit processing
International Mobility Program (IMP)
To ensure program integrity, officers are required to check the list of Employers who have been non-compliant when processing work permit applications to ensure the employer is eligible to make an offer of employment to a foreign national.
- Employers who receive an AMP, but no ban will remain eligible to employ foreign nationals for whom a work permit is required, unless they are in default of any amount payable of their AMP.
- If an employer has been issued an AMP only and is not in default, officers may continue with processing the work permit application as per normal procedures.
- Work permit applications received from foreign nationals to work for employers whose names are on the list of Employers who have been non-compliant and have a status “ineligible” shall be refused as per R200(3)(h). The refusal is for not meeting work permit requirements under R200(1), not for an inadmissibility.
For instructions on refusal of work permits where the employer is ineligible, please refer to the program delivery instruction: Temporary Foreign Workers Program and International Mobility Program: Steps to determine work and assessment of work permit application
Recording non-compliance for LMIA-exempt work permits
- Once a Notice Of Final Determination (NOFD) has been issued, CMB officers will change the status of the employer in GCMS and in eAdmin (the Employer Portal interface).
- In GCMS the status will be changed in the Organizations and Entities Screen Tab from ‘active’ to ‘inactive’. This will block work permits from being issued for inactive employers.
- This change will only be made where the sub-type is ‘Regulatory Employer’ or ‘Regulatory Employer – Branch’ as this indicates that the employer created the account through the Employer Portal.
- In eAdmin, CMB will change the status in the Business Details tab to ‘inactive’. This will block the employer from continuing to submit offers of employment.
- CMB will send employer information directly to Communications Branch for posting with a copy to ESDC’s email address.
- CMB will ensure that the information received by Communications Branch, including when employers become eligible to hire foreign nationals, is accurate and timely.
Note: Employers who have been notified of a ban will be ineligible to employ foreign nationals, until the ban has elapsed. R183 (1)(b.2) makes it a general condition on all temporary residents not to work for an ineligible employer.
Temporary Foreign Worker Program (TFWP)
Officers must check the list of Employers who have been non-compliant to confirm that the employer remains eligible to hire temporary foreign workers.
Before approving or printing a work permit under the Temporary Foreign Worker Program (TFWP), officers should always refresh the Employment Details – LMIA view tab in GCMS to ensure they have the most up-to-date LMIA information.
Note: For further information on reviewing LMIA information, officers can check: Labour Market Impact Assessment validity and suspension, and duration of employment.
Work permit holders already in Canada and working for a non-compliant employer
Work permits of foreign nationals working for an employer who has been found non-compliant, may be revoked. For more information, see Revocation of work permit due to public policy considerations. The designated authorities to revoke these permits are with CMB.
Maintaining the Public List
Ineligible employers can regain access to the International Mobility Program and the Temporary Foreign Worker Program when:
- a ban has elapsed, or
- an employer is no longer in default.
CMB and ESDC are responsible for ensuring the information on the list of Employers who have been non-compliant is kept up-to-date.
- CMB or ESDC will send an email to Communications Branch.
- Email communication between IRCC (Communications Branch, CMB) and ESDC must always include a copy to all three parties.
- When an employer becomes eligible to access the IMP, CMB will change the status of the employer in eAdmin to ‘active’ and in GCMS in the Organizations and Entities Tab to ‘active.’
- When an employer becomes eligible to access the TFWP, the eligibility will be reflected on IRCC’s website.
- Date Modified: