New Fines Proposed for Non-Compliance with the Temporary Foreign Worker Program
April 2, 2014
The Canadian government has proposed mechanisms to begin levying fines against employers that violate key rules of the Temporary Foreign Worker Program (TFWP). Beginning in early 2015, fines could be imposed on employers that make false declarations about their use of foreign workers or that replace Canadian workers with foreign personnel. The amounts of the proposed fines have yet to be announced.
Currently, employers who breach the terms of any Labor Market Opinion can be barred from hiring foreign workers for up to two years and also can be included on a government list of non-compliant companies. The proposal would add fines as an additional possible sanction.
Increased compliance reviews and worksite inspections are expected this year, pursuant to regulations published in January that expand the enforcement powers of the compliance wing of the country’s labor authority. Plans for enhanced enforcement follow public outcry over perceived abuses of the TFWP, including allegations of companies using the program to hire foreign nationals at lower wages and widespread displacement of Canadian workers.
What This Means for Employers
Amidst increased enforcement, employers should verify compliance with all relevant information included in each foreign national’s work permit application and ensure they have mechanisms in place to avoid hiring foreign nationals to replace Canadian employees.
How Fragomen Can Assist
Fragomen is available to audit Canadian employers’ current personnel and assess compliance with the conditions of each foreign national’s work permit application and compliance with current TFWP obligations.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Explore more at Fragomen
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Senior Counsel Mitch Wexler is recognized by EB5 Investors Magazine as a 2025 Top 25 award recipient, reflecting leadership and long-standing impact in the global investment immigration space.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.