Every year, dozens of Canadian employers find themselves publicly listed as non-compliant with the Temporary Foreign Worker Program (TFWP) or the International Mobility Program (IMP). Whether you run a trucking fleet, a construction site, or a care home, compliance failures can stop your workforce instantly and damage your reputation
In this article, you will learn why employers are added to this list, what the main compliance failures are, and what you can do to avoid ending up there yourself.
The Government of Canada Non-Compliance List is an official public registry of employers who have violated TFWP or IMP requirements. Employers who appear on this list face serious consequences, including fines of up to $1 million cumulatively, suspensions from hiring foreign workers, and public naming.
According to Immigration, Refugees and Citizenship Canada (IRCC), over 270 employers have been listed since the registry was created, reflecting a steady increase in enforcement actions.
Government inspections and audits consistently identify five recurring issues that result in employers being deemed non-compliant:
Employers must keep complete records for at least six years, including recruitment documents, wage statements, and proof of working conditions. Missing or incomplete records are among the most frequent violations cited during audits.
By law, temporary foreign workers must receive the same wages and working conditions as Canadians in similar positions. Any deviation, whether intentional or accidental, can result in substantial penalties.
Some employers obtain work permits but do not actually offer employment as promised. In 2023, several companies were fined for failing to provide any work after workers arrived, triggering ineligibility to hire foreign workers for up to five years.
Submitting false or misleading information in a Labour Market Impact Assessment (LMIA) or work permit application is considered a serious offence. This includes overstating job offers, misclassifying positions, or concealing wage practices.
Refusing to cooperate with inspectors, failing to respond to requests, or deliberately destroying records will immediately trigger enforcement action and inclusion on the non-compliance list.
Compliance enforcement has expanded significantly:
Imagine receiving an unexpected inspection notice and realizing that missing payroll records or inconsistent contracts could result in the suspension of your entire foreign workforce within weeks. For many HR managers, this scenario isn’t hypothetical; it’s a reality that can result in hundreds of thousands of dollars in fines and irreparable brand damage.
| Violation Type | Potential Fine (per infraction) | Ineligibility Period |
| Inadequate Record-Keeping | Up to $100,000 | Up to 2 years |
| Non-Equivalent Wages/Conditions | Up to $100,000 | Up to 2 years |
| Failure to Provide Employment | Up to $100,000 | Up to 5 years |
| Misrepresentation in Applications | Up to $100,000 | Up to 10 years |
| Obstructing an Inspection | Up to $100,000 | Up to 10 years |
Source: IRCC Compliance Guidelines
Recent cases illustrate the risk:
Employers can review the official list to confirm their status. Proactive compliance measures, including periodic internal audits, comprehensive record-keeping, and documented HR policies, are essential.
Self-assessment questions you should consider:
Non-compliance isn’t just a legal issue; it can disrupt operations, damage your brand, and hinder your ability to meet staffing needs. In upcoming articles, we will explore:
Not sure whether your compliance processes meet the latest standards? Book a free immigration compliance audit with the experts on our team.