Employer Compliance Audit — Temporary Foreign Worker Program (LMIA / IMP)
Your LMIA was approved and your foreign workers are on the job — and that is exactly when the risk begins. Employment and Social Development Canada (ESDC) and IRCC have dramatically ramped up employer compliance inspections. Many businesses find out too late that a small gap between the wage promised and the wage paid, a relocated work site, or incomplete payroll records is enough to trigger penalties in the tens of thousands of dollars — and to put your company on a public non-compliance list seen by your clients, banks and competitors.
Why inspections are surging in 2026
Since the overhaul of the Temporary Foreign Worker Program (TFWP), the federal government has doubled monetary penalties imposed on non-compliant employers: over $2.1 million in fines in just six months, and five times more program suspensions than the same period a year earlier. In 2026, documentation requirements were tightened further and International Mobility Program (IMP) inspections — including Francophone Mobility — are being transferred to ESDC. The enforcement regime has never been more active.
The 3 triggers of an inspection
1. Random selection
ESDC and IRCC inspect a portion of employers every year without any suspicion. A spotless record does not exempt you: any business employing foreign workers can be selected.
2. Tip or suspicion
A worker complaint, the confidential tip line, cross-referenced government data, a media report or an anomaly in a related application — any signal can open a file.
3. Past non-compliance
A previous finding, even minor and resolved, significantly raises the likelihood of future inspections. The points-based penalty system punishes repeat violations far more severely.
What inspectors verify
Inspections assess the conditions imposed by the Immigration and Refugee Protection Regulations (IRPR), including:
Wages and deductions
The wage actually paid must match the LMIA or offer of employment — including overtime, with no unauthorized deductions.
Working conditions
Hours, duties and benefits consistent with the offer, and a workplace free of abuse — with the required efforts to demonstrate it.
Occupation and work location
The worker must hold the intended position (NOC code) at the declared work location. An undocumented internal transfer is a violation.
Information to workers
Providing workers with documents on their rights, a compliant signed contract, and access to required insurance and protections.
Business legitimacy
A real, active business whose employer is actively engaged in operations — or face a $15,000 penalty per affected worker.
6-year records
Contracts, pay stubs, timesheets, recruitment evidence: every document demonstrating compliance must be kept for 6 years and produced on demand.
The penalties: what you actually risk
| Consequence | Scope |
|---|---|
| Administrative monetary penalties (AMPs) | From $500 to $100,000 per violation, up to $1M per year per employer |
| Failure to produce documents / non-legitimate business | $45,000 and a 5-year program ban |
| TFWP/IMP bans | 1, 2, 5, 10 years — or permanent for the most serious violations |
| Public non-compliance list | Company name published online, visible to clients, banks and partners |
| Revocation | LMIAs cancelled and work permits compromised — losing your workforce |
Our service: a full audit before the government does it for you
EKS Immigration Consulting offers employers in Quebec and across Canada a dedicated compliance audit — the same review an ESDC inspector would run, but on your side, fully confidential, with a corrective action plan before it is too late.
Full document review
Contracts, pay stubs, timesheets, deductions, recruitment and advertising evidence: verification of every required record across the 6-year retention period.
Wage verification
Analysis of gaps between promised and paid wages, overtime, and deductions — the number one cause of non-compliance found in inspections.
LMIA vs. reality check
Position held, NOC code, work location, schedule: detection of any gap between your commitments and the actual situation, with acceptable justifications documented.
IMP compliance
Offers of employment in the IRCC Employer Portal, the $230 compliance fee, and accuracy of declarations for your LMIA-exempt workers.
Mock inspection
A practical exercise replicating a real ESDC inspection, followed by a confidential report with a prioritized corrective action plan.
Inspection support
If you receive a notice of inspection or a Notice of Preliminary Finding (NOPF), we prepare your response within the strict 30-day deadline.
Which employers is this for?
This service is for any business employing foreign workers: restaurants and hospitality, agriculture and food processing, construction, transportation, IT, staffing agencies, as well as employers in the high-wage and low-wage streams and the IMP (Francophone Mobility, LMIA-exempt closed permits). Whether you have 1 or 200 foreign workers, the same obligations apply — and the same penalties.
Frequently asked questions
My LMIA was approved — am I protected if I get inspected?
No. LMIA approval is about your commitments. The inspection verifies whether you actually met them, and can go back up to 6 years after the worker started.
What happens if I receive an ESDC inspection notice?
You must provide the requested documents within the deadline and may be required to attend an on-site visit. Refusing to cooperate or being absent exposes you to a $45,000 penalty and a 5-year ban. Contact us as soon as you receive the notice.
Are IMP (LMIA-exempt) employers inspected too?
Yes. International Mobility Program employers are subject to the same inspection and penalty regime, and these inspections are being transferred to ESDC as of April 2026.
Is the audit confidential?
Entirely. The audit is performed by a Regulated Canadian Immigration Consultant (RCIC) and its findings are delivered to you exclusively. Nothing is shared with the government.
Don’t let an inspector find the problem before you do
A non-compliance issue detected and corrected today costs a fraction of a penalty imposed tomorrow. Talk to us about your situation in full confidence.
Service provided by EKS Immigration Consulting, a Regulated Canadian Immigration Consultant (RCIC) practice based in Montreal. The information above is provided for general guidance and does not constitute legal advice.