Compliance inspections for Employers of the Temporary Foreign Worker Program during a pandemic

From: Employment and Social Development Canada

On this page

• New amendments in the Immigration and Refugee Protection Regulations
• Virtual Inspections in a pandemic
  • Launching an inspection
  • Preparing for temporary foreign workers (TFW)
  • Information required for the inspection
  • Finding illness
  • Penalties for non-compliance
• More information

New amendments in the Immigration and Refugee Protection Regulations

On April 20, 2020, new amendments to the Immigration and Refugee Protection Regulations (IRPR) came into effect.

Under the IRPR, we have the right to verify that you comply with the Temporary Foreign Worker Program (TFWP). This includes during the mandatory period of quarantine when the TFWs’ arrive in Canada.

Please note the requirements for TFWs to quarantine

As an employer, you must:

• help prevent the spread of COVID-19, and
• protect your Temporary Foreign Workers (TFWs) from contracting COVID-19

It is your duty to follow your Labour Market Impact Assessment (LMIA) and the IRPR conditions.

We still conduct onsite inspections during the pandemic. Our inspectors are trained in proper COVID-19 safety protocols and in reducing cross-infection between sites.

If there is an outbreak or workers are in quarantine, we inspect virtually.

Virtual Inspections in a Pandemic

Your inspector will tell you the date and email address to send your documents. These times will be tight, so please ensure that you respond promptly.

Launching an inspection

We select employers for inspections when:

• an employer has hired a TFW who is subject to an order, and who has had to isolate due to the Quarantine Act or Emergencies Act, or 
• we find a disease such as COVID-19 at the worksite

Preparing for temporary foreign workers (TFWs)

You must:

• tell us when TFWs arrive at your worksite by emailing: ESDC.ISB.QUARANTINE-QUARANTAINE.DGSI.EDSC@servicecanada.gc.ca
• the email must include:
  • subject: Arrival of TFWs (name of your business)
  • body: names, date and arrival and time of TFWs to your worksite
  • contact details for the TFWs, if you have them
  • your contact details, including mailing address
  • please include the name of a second contact person for your business
• understand your responsibilities:
  • during the worker’s initial 14-day quarantine period, you must ensure that:
    • you do nothing to stop the TFWs from complying with the Quarantine Act or Emergencies Act
    • you pay your TFWs for at least 30 hours per week starting the day they arrive. You must pay the hourly wage in their LMIA/Offer of employment

If you provide living-quarters, you must also ensure:

• newly-arrived TFWs isolate away from workers not isolating or under quarantine:
  • TFWs in quarantine at the same time must be able to stay at least 2 metres apart
• there are cleaning products ready for TFWs to clean and disinfect

If the TFWs develop any COVID-19 signs or symptoms during the period of employment, you must ensure that they:

• live away from other TFWs, and
• have private beds and baths

Information required for the inspection

When selected for an inspection, an inspector will contact you by phone and email. You must cooperate in a timely manner with the inspector’s requests. This includes emailing documents. Failure to do so may result in penalties and/or a ban from the program.

You must show that you provide the following:

• proof of wages paid (for example, pay stubs, deposit forms)
• photos of living spaces that show physical distancing for TFWs in quarantine. This includes:
  • sleeping quarters with beds 2 metres apart. Photos must show the tape measure
  • dining areas with chairs 2 metres apart using tape measure, and
  • kitchen and washroom facilities
• photos of private isolation space if TFWs need to be in separate living spaces, and
• proof of an adequate supply of cleaning products for TFWs to clean and sanitize their living areas

You may have to provide a virtual tour of the living spaces.

Inspectors will interview TFWs via phone or video conference.

When responding to requests for documents, please remove details that could identify people, such as:

• social insurance numbers
• banking information, or
• medical information

Finding illness

If we detect COVID-19, we will report this to local public health officials for action.

Penalties for non-compliance

The penalties reflect how seriously we take non-compliance with the Quarantine Act and the Emergencies Act, and the IRPR.

Penalties could include:

• a warning
• fines of up to $100,000 per violation, to a maximum of $1 million per year
• a permanent ban from the TWFP and IMP for the most serious violations
• publishing your business name and address on an IRCC website with details of the violation(s) and/or consequence(s)
• suspension or revocation of previously-issued LMIAs

We will send you all Notices of Preliminary Findings (NOPF) and Notices of Final Determinations (NOFD) by e-mail and registered mail.

You have the right to a judicial review of the NOFD, if you do not agree with the final result.

More information

COVID-19 continues to evolve. Please consult TFW Program compliance for the latest information.