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What to Expect in 2025: TFWP Enforcement Trends and New Employer Rules

Written by Bani Arora (RCIC-IRB) | 8/1/25 4:40 PM

Canada is increasing audits and penalties for employers hiring temporary foreign workers. Whether you're using the LMIA process or another stream under the Temporary Foreign Worker Program (TFWP), 2025 is shaping up to be a year of stricter compliance. Government fines have reached record levels, and bans are becoming more frequent.


In this article, we explain the new enforcement trends, outline employer obligations, and provide actionable steps to protect your business and workers. Stay compliant, avoid costly penalties, and prepare for upcoming audits with confidence.

Rising Penalties: A Record Year for Fines and Bans

The federal government is cracking down on non-compliant employers. In 2024 alone, more than $4.1 million in fines were issued under the Temporary Foreign Worker Program—a 55% increase over the previous year. At the same time, the number of companies banned from the program more than doubled.

Between April and September 2024, 649 employer inspections were completed. While 11% were officially found non-compliant, enforcement actions, including monetary penalties and program bans, affected a significantly larger portion. In that same period, 20 employers were banned and $2.1 million in fines were issued.

This data highlights how even small documentation errors, such as missing timesheets, unsigned contracts, or wage underpayment, can now result in serious consequences, including public blacklisting and multi-year bans.

What’s New in 2025: Caps, Penalty Structure, and Inspection Triggers

Several policy changes and enforcement tools were introduced between late 2023 and 2025. These changes are shaping how inspections are conducted and what regulators prioritize.

  • National caps on low-wage TFWs have been reinstated, including in Quebec. Most employers can now hire no more than 10% of their workforce in low-wage roles, unless exempted.
  • Penalty categories have been expanded, and some violations, like refusing an inspection or failing to provide documents, now carry maximum fines of $45,000 per case.
  • Employers operating "on paper only" or failing to demonstrate real business activity now face per-worker fines rather than a flat amount.
  • Quebec’s exemption from federal limits was lifted, and Montreal saw a temporary freeze on low-wage LMIA processing due to regional unemployment.
  • Inspections are more targeted: audits may be triggered by anonymous tips, mismatched records, or repeat infractions. More unannounced visits are also expected.

These updates confirm a strategic shift from reactive enforcement to proactive risk-based targeting.

Employer Obligations: What the Law Requires

Employers hiring foreign workers under the TFWP, including both LMIA and LMIA-exempt streams, must meet legal obligations outlined in the Immigration and Refugee Protection Regulations (IRPR). These rules are designed to ensure that workers are treated fairly and that Canadian labour laws are respected.

Core responsibilities include:

  • Paying the wage promised in the job offer
  • Providing a signed employment contract by the first day of work
  • Giving workers written information about their rights in Canada
  • Following all federal and provincial labour laws

Preventing workplace abuse and reprisals

Failing to meet these obligations can result in severe penalties. Employers may be fined up to $45,000 per violation, and in serious cases, banned from the program for up to five years.

Employers are also expected to:

  • Retain all worker-related documents for at least six years
  • Provide documentation promptly when audited
  • Maintain records that show proof of payment, job duties, hours worked, and compliance with job offer terms
  • These obligations apply across the TFWP, regardless of stream.

Quebec Employers Face New Pressures

Quebec employers now face the same federal scrutiny as the rest of Canada.
As of late 2024, national caps on low-wage temporary foreign workers apply in all provinces—including Quebec.

Employers must ensure that no more than 10% of their workforce in low-wage positions is made up of TFWs, unless they qualify for a temporary exemption in essential sectors like healthcare or food processing.

This ends a longstanding exemption and increases the risk of audit and rejection for employers operating in Montreal and other Quebec cities. In fact, due to high unemployment, a temporary freeze on low-wage applications was introduced in the Montreal region.

High-Risk Mistakes to Avoid

With the bar for compliance rising, Service Canada has flagged several common violations that lead to penalties:

  • Not having an updated or signed employment contract
  • Paying less than the wage listed in the job offer
  • Making deductions not permitted by law (e.g. charging for recruitment)
  • Failing to provide safe, legal housing or insurance where required
  • Inability to prove the worker’s job duties, hours worked, or recruitment steps

Even if these issues are unintentional, they can still result in a finding of non-compliance. Employers may be publicly listed on IRCC’s non-compliant registry, damaging their reputation and future hiring prospects.

What Happens During an Inspection?

Inspections can be routine, complaint-driven, or triggered by inconsistencies in paperwork. Employers may receive a notice by email or mail requesting specific documents
. In some cases, an in-person or virtual audit will follow.

Inspectors can interview foreign workers, request payroll records, review employment contracts, and verify business operations. They are also allowed to assess workplace conditions and safety protocols.

The employer must comply within the deadline outlined in the audit notice. Delays or incomplete responses can trigger automatic findings of non-compliance.

Checklist: What to Keep on File for Each Foreign Worker

Make sure to keep the following records for at least six years:

  • LMIA approval letter and application documents (if applicable)
  • Signed employment contract (in English or French)
  • Acknowledgement that the worker received their rights notice
  • Timesheets and wage proof (e.g. bank transfers or pay stubs)
  • Insurance and housing records (if relevant)
  • Internal policies to prevent abuse or reprisal

Organizing these documents in a centralized, secure folder (digital or physical) helps ensure fast compliance during inspections.

Final Tip: Get Ahead of the Audit

Staying informed is the first step to staying compliant. AskAïa regularly hosts free webinars on TFWP rules, inspections, and employer strategies.  Follow us on LinkedIn to get alerts for upcoming sessions, legal updates, and practical tools designed for Canadian employers.

If you’re not sure whether your files would pass an audit, AskAïa’s digital tools can help you run internal audits and monitor your employer obligations under the TFWP.

By taking these steps, you’ll reduce your legal risk, protect your workforce, and strengthen your ability to hire foreign talent in the future.

Take Action Today

Even reputable, well-resourced employers have faced penalties for preventable mistakes. The best defense is readiness. Book a free immigration compliance call with the experts on our team.