{"id":1999,"date":"2026-11-10T04:00:06","date_gmt":"2026-11-10T04:00:06","guid":{"rendered":"https:\/\/www.lawgicalcorp.com\/blog\/?p=1999"},"modified":"2026-11-10T18:01:59","modified_gmt":"2026-11-10T18:01:59","slug":"employer-compliance-inspection-foreign-workers-bc","status":"publish","type":"post","link":"https:\/\/www.lawgicalcorp.com\/blog\/employer-compliance-inspection-foreign-workers-bc\/","title":{"rendered":"Employer compliance inspections for foreign workers in BC: what inspectors ask for and how to respond"},"content":{"rendered":"

By Pardeep S. Grewal<\/a>, lawyer at Lawgical Law Corporation \u00b7 Reviewed November 9, 2026<\/em><\/p>\n

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia<\/a>.<\/em><\/p>\n

Updated November 9, 2026: the inspection rules, penalty ranges, response deadlines and the public list checked on canada.ca (IRCC and ESDC) and Justice Laws that day.<\/em><\/p>\n

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The rule:<\/strong> if you employ a foreign worker on a work permit, IRCC (for LMIA-exempt permits) or ESDC\/Service Canada (for LMIA permits) can inspect you for up to 6 years from the worker’s first day, and you must keep the records for those 6 years.<\/p>\n

The deadline:<\/strong> the inspection letter sets a deadline for documents. If a notice of preliminary finding follows, you have 30 days to respond.<\/p>\n

What is at stake:<\/strong> penalties of $500 to $100,000 per violation (up to $1 million a year), bans of 1, 2, 5 or 10 years or permanent, and your business name on a public list.<\/p>\n

Jump to the document checklist<\/a> \u00b7 Book a consultation<\/a><\/p>\n<\/div>\n

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The lawyers who handle these files<\/p>\n

\"SundeepSundeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a>\"PrabhpreetPrabhpreet Kaur Sangha<\/span>Barrister and Solicitor<\/span><\/a>\"PardeepPardeep S. Grewal<\/span>Barrister and Solicitor<\/span><\/a><\/div>\n
\nAbout our lawyers<\/summary>\n
\n

Sundeep S. Grewal<\/a><\/strong> founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.<\/p>\n

Prabhpreet Kaur Sangha<\/a><\/strong> focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.<\/p>\n

Pardeep S. Grewal<\/a><\/strong> is an immigration and estates lawyer known for clear communication and practical strategy.<\/p>\n<\/div>\n<\/details>\n<\/div>\n

If you have received a letter or a visit about a compliance inspection for a foreign worker, it is a legal process with deadlines, not a routine check-in. You must answer, hand over the documents asked for and cooperate; not responding is itself non-compliance. The inspector compares what you promised in the LMIA or job offer with what you actually paid and provided. If they find a gap, you get a written preliminary finding and 30 days to explain it or show it is justified. A final determination can be challenged only by judicial review in the Federal Court.<\/p>\n

Lawgical Law Corporation<\/a>, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares LMIAs and work permits for BC employers, responds to compliance inspections and preliminary findings, and takes final determinations to the Federal Court by judicial review.<\/p>\n

What is an employer compliance inspection?<\/h2>\n

An employer compliance inspection is a review by IRCC or ESDC of whether an employer of a foreign worker met the conditions that came with the work permit: the same job, substantially the same wages and working conditions, compliance with BC employment law, no recruitment fees charged to the worker, an abuse-free workplace, and records kept for 6 years.<\/p>\n

Which department inspects you depends on how the worker got the permit:<\/p>\n

\n\n\n\n\n\n\n\n\n
<\/th>\nIRCC<\/th>\nESDC \/ Service Canada<\/th>\n<\/tr>\n<\/thead>\n
Program<\/td>\nInternational Mobility Program (LMIA-exempt work permits, employer portal job offers)<\/td>\nTemporary Foreign Worker Program (LMIA-based work permits)<\/td>\n<\/tr>\n
Conditions<\/td>\nIRPR s. 209.2<\/a><\/td>\nIRPR s. 209.3<\/a>, plus the LMIA decision letter and its annexes<\/td>\n<\/tr>\n
Extra LMIA conditions<\/td>\nNone<\/td>\nAny commitments that were a factor in the LMIA: job creation or retention, skills transfer, hiring or training Canadians, reasonable efforts to hire or train (s. 209.3(1)(b))<\/td>\n<\/tr>\n
Who decides<\/td>\nIRCC’s Risk and Integrity Authority Branch<\/td>\nESDC (Service Canada)<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The rules on inspection powers (IRPR ss. 209.4 to 209.8) and on penalties (ss. 209.91 to 209.997 and Schedule 2) apply to both.<\/p>\n

Why was my business selected?<\/h2>\n

An inspection can start for one of four reasons: the inspector has a reason to suspect non-compliance, you were found non-compliant before, you were chosen at random, or there is an emergency order or communicable disease at the workplace (IRPR s. 209.5). Reasons to suspect include complaints from workers, tips, information from other governments or the media, and your own voluntary disclosure.<\/p>\n

That list is from IRCC’s officer instructions on employer compliance inspections<\/a> (modified September 18, 2026). ESDC lists the same triggers on its employer compliance page<\/a> (modified May 12, 2026). ESDC reported 1,435 TFWP employer inspections in 2024\u201325. About 10% of inspected employers were found non-compliant, penalties rose to about $4.8 million, and 36 employers were banned (ESDC Question Period Note, January 2026<\/a>).<\/p>\n

What inspectors can do<\/h2>\n

Inspectors can require you to answer questions and produce documents, examine records, interview workers (with their consent) and visit the worksite. ESDC says on-site inspections can be announced or unannounced and need no warrant, except for a private home. Inspectors can also ask your bank, accountant, payroll company or recruiter for documents (IRPR s. 209.7(1)(c)).<\/p>\n