The Canadian government enforces strict regulations on employers who hire foreign workers under programs like the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP). These regulations aim to ensure fair treatment of workers and compliance with federal, provincial, and territorial employment laws. Non-compliance can result in severe penalties, including monetary fines, bans on hiring foreign workers, and reputational damage.
At Kahlon Law Office, we provide proactive guidance and strategic legal defense for businesses facing compliance audits, government inspections, and allegations from employees. Whether you are preparing for a compliance review, responding to an active investigation, or developing best practices to prevent legal risks, our experienced legal team is here to assist.
What are employer compliance obligations under Canadian immigration law?
Employers hiring foreign workers must adhere to specific requirements under Canadian immigration law, including:
- Labour Market Impact Assessment (LMIA) conditions – Ensuring job offers, wages, and employment conditions match those approved in the LMIA.
- Work permit requirements – Maintaining compliance with the terms under which foreign workers were hired.
- Employment agreements – Offering fair wages, ensuring safe work conditions, and complying with employment contracts.
- Record-keeping obligations – Maintaining records for at least six years to demonstrate compliance with employment regulations.
Even unintentional errors or administrative oversights can put an employer at risk of compliance violations, making legal support essential.
What are the common compliance challenges employers face? How do government audits and inspections impact employers?
Canadian authorities conduct random, targeted, or complaint-driven inspections to verify employer compliance. These inspections may involve:
- Document requests – Employers may be required to submit payroll records, employment contracts, and LMIA documents.
- Worker and management interviews – Immigration officers may interview foreign workers and supervisors to assess compliance.
- On-site visits – Officials may visit workplaces to verify conditions align with the terms of the work permit and LMIA.
If an employer receives a Notice of Non-Compliance, they must provide a legal response to prevent fines or penalties.
How We Help: We represent businesses throughout the audit process, ensuring compliance with document requests, preparing responses, and presenting a strong legal defence.
What is Vulnerable Worker Open Work Permits (VOWP) and how can they affect employers?
Foreign workers may apply for a Vulnerable Worker Open Work Permit (VOWP) if they experience workplace abuse or rights violations. These applications often include allegations such as:
- Underpayment or wage theft
- Harassment (financial, psychological, emotional, or sexual abuse)
- Unsafe or exploitative working conditions
- LMIA non-compliance
When a worker files a VOWP application, the employer may face government investigations, reputational harm, and potential legal liability.
How We Help: We assist employers in responding to allegations, preparing legal arguments, and demonstrating compliance with employment laws.
How can employers protect themselves from LMIA non-compliance allegations?
Employers who receive approval for an LMIA must meet the conditions outlined in their application. Failure to comply may result in:
- LMIA suspensions or bans
- Ineligibility to hire foreign workers in the future
- Rejection of future work permit applications
How We Help: We review employer policies, correct discrepancies, and defend businesses against LMIA non-compliance allegations to prevent penalties.
What are the risks of workplace rights violations and human rights complaints?
Employers may face complaints before labor boards or human rights tribunals for issues such as:
- Unfair dismissals or contract breaches
- Workplace discrimination
- Failure to provide proper working conditions
How We Help: Our firm builds strong legal defenses to protect employers against unfounded claims while ensuring fair and legal treatment of all parties involved.
How can Kahlon Law Office help employers maintain compliance?
At Kahlon Law Office, we provide comprehensive legal solutions tailored to each client’s compliance needs. Our services include:
- Pre-Audit Compliance Assessments – Reviewing policies, payroll records, and employment agreements to ensure legal compliance before an audit occurs.
- Legal Representation During Inspections – Managing government audits by preparing responses, handling document requests, and providing legal representation.
- Defending Against Compliance Violations – Developing strong legal defences to reduce or eliminate penalties by demonstrating corrective actions or proving administrative errors.
- Responding to Employee Complaints & VOWP Allegations – Assisting employers in preparing responses to allegations to prevent unnecessary legal action.
- Ongoing Compliance Support & Policy Development – Helping businesses implement best practices to avoid future compliance issues and penalties.
Why choose Kahlon Law Office for employer compliance legal services?
- Extensive Experience in Employer Compliance Cases – Successfully representing businesses across industries including hospitality, agriculture, healthcare, and technology.
- Strategic & Aggressive Legal Defence – Fighting to reduce or eliminate penalties while protecting business interests.
- Flexible & Cost-Effective Legal Solutions – Offering hourly, flat-fee, and ongoing legal support options tailored to employer needs.
- Dedicated to Protecting Your Business – Prioritizing your company’s reputation and ensuring minimal disruption to operations.
If your company has received a compliance notice, is undergoing a government audit, or is facing allegations from employees, Kahlon Law Office is here to provide expert legal guidance and defence.