Legal Compliance and Audits

The International Mobility Program (IMP)

Visiting Professors, Postdoctoral Fellows and Research Award Recipients are commonly hired under this category. Immigration, Refugees and Citizenship Canada (IRCC) introduced the Employer Portal to manage global mobility through the International Mobility Program in October 2016. Employers must state the purpose, duration and activities that a foreign worker will be doing in Canada as well as the status of the visitor at their home university or research institute by.  Some categories of worker and visitor need a submission to the Employer Portal for an ‘LMIA exemption’ in order for the foreign visitor to obtain a work permits, and some do not. Faculty members, administrators, HR and other support staff must understand and comply with the regulations. A Regulated Canadian Immigration Consultant has been hired to assist with this task and to ensure that the University of Manitoba remains compliant.

The Temporary Foreign Worker Program (TFWP)

Non-Canadian tenured and tenure-track professors and research associates are commonly hired under the TFWP. The government department managing this program are Employment and Skills Development Canada (ESDC). ESDC ensure that job vacancies are advertised correctly and that there were not any Canadian citizens or permanent residents who had the minimum qualifications to do the job before a Labour Market Impact Assessment can be given to a temporary foreign worker.

Employer inspections and audits under for the IMP and the TFWP

The University of Manitoba can be subject to a random inspection from the Government of Canada to ensure that all foreign workers or visitors we have invited to the University obtained the correct paperwork and fulfilled the purpose of their visit as set out in Letters of Offer or invitation letters. Inspectors can also check to see if the expected working conditions, such as hours worked, were met. Departments must hold records for six years from the date the foreign worker arrived in Canada so that officers can check that the terms and conditions of the offer letter. The inspectors will look at the period of employment stated on the work permit and the Letter of Offer and ask questions about any compensation or benefits that the foreign national received, or may not have received as promised.

Consequences of non-compliance with the expectations laid out in the IMP and the TFWP

The consequences of failing an employer compliance inspection can be serious for the University. A department who failed to retain documents properly or meet the requirements of the program that they invited their foreign worker under can be fined a substantial amount. More serious consequences can include the entire University being banned from hiring temporary foreign workers for a fixed period of time and being named as an ‘offender’ on the Government of Canada’s website.

Staff and faculty may contact HR's Immigration Consultant if they have questions about compliance with immigration law in Canada.