Corporate compliance is an important priority for multinational teams – especially in the context of immigration. According to Statistics Canada, foreign and multinational enterprises employ over five million people, generating about $1.3 trillion each year. In order to participate in and benefit from this success, Canadian corporations must carefully comply with various regulations. Failure to do this may result in various consequences, and Canada takes corporate compliance quite seriously. Whether you are trying to ensure compliance or you are already dealing with potential violations, an immigration lawyer in Canada may be able to help.
Gain a Keen Understanding of All Countries the Company is Operating in
When your multinational team operates in many different countries, various immigration laws and regulations may apply. As a result, you may need to consider how these various laws interact with one another. Gaining a keen understanding of just one jurisdiction is not enough. As a result, the company might need to hire local immigration lawyers from each country of operation.
That said, many lawyers have in-depth knowledge about multiple jurisdictions. For example, numerous Canadian immigration lawyers have considerable knowledge of U.S. immigration law due to the close ties between these two nations.
Ensure Compliance When Adding Temporary Foreign Workers to Your Teams
Many Canadian multinational corporations add temporary foreign workers to their teams. This decision can be highly profitable, but it also requires a careful compliance strategy. Remember, government audits can occur at any time in Canada – and any issues may be quickly exposed. This could completely cancel out any potential benefits the company might have experienced while hiring temporary foreign workers.
The most obvious way to ensure compliance is to work with an experienced immigration lawyer. Choose a lawyer who has direct experience with temporary foreign worker programs. These legal professionals can help Canadian multinationals collect and maintain important records related to the hiring of foreign workers. With this documentation updated and ready to go at all times, government audits should not pose any issues.
What Happens if My Company is Not Compliant With Canadian Immigration Laws?
The consequences of noncompliance can be quite severe from an immigration perspective. If you fail audits or the government discovers evidence of noncompliance, you may be subject to fines and other financial penalties. In addition, your company may be prohibited from hiring any additional temporary foreign workers in the future.
These penalties can drastically impede a company’s competitiveness on the world stage. Even if the company can handle the financial penalties relatively easily, the loss of potential temporary foreign workers may affect the company’s long-term growth goals. These companies may have no other choice but to hire domestic Canadian workers. The simple truth is that hiring local Canadian workers is often more expensive, and there is no guarantee that local workers will have the necessary qualifications.
Some compliance issues involve the wages of temporary foreign workers. Generally speaking, companies are supposed to pay these workers approximately the same amount as other Canadian workers in the same general field. While you might be able to pay them slightly less than Canadian domestic workers, excessively low pay could result in noncompliance issues. As a result, companies must carefully balance compliance with competitiveness for best results.
If your company is already facing these consequences, you may still have the ability to push back and avoid them. With help from a lawyer who has experience in immigration defense, you may be able to prove that your alleged violations never occurred.
Breaking Down Compliance Regulations for Temporary Foreign Workers
According to the Government of Canada, all employers who want to hire temporary foreign workers must first meet the requirements of a Labor Market Impact Assessment (LMIA). This is one of the most important aspects of foreign worker compliance in Canada, and it involves studying the local domestic workforce to determine whether Canadian workers might perform the same role. The company itself must pay for this assessment, and the assessment should show that local Canadian workers cannot fulfill your company’s needs.
Canada also requires companies to keep relevant records for at least six years after the initial period of employment. These documents may involve the LMIA, Immigration and Refugee Protection Regulations and housing.
If anything changes after you hire temporary foreign workers, you must notify the Canadian government immediately. For example, you might need to notify the government of any changes or errors related to an LMIA that has already been approved. If you become aware of any compliance issues whatsoever, you are expected to call the government immediately. If you fail to do this and a subsequent audit later uncovers these compliance issues, you may face more severe consequences.
What Happens During an Audit or Inspection?
The Canadian government states that it might conduct an audit or inspection if it suspects you might not be compliant. They might also conduct periodic or random inspections if you have a history of noncompliance. Some inspections are completely random, regardless of your company’s compliance history. Sometimes, specific workers trigger inspections. Your inspection may be in-person or virtual – and the officials may conduct them without first obtaining warrants.
During an inspection, Canadian officials might directly interview your temporary foreign workers. They may conduct these interviews to determine whether your workers are being subjected to poor conditions or unfair treatment.
It may be easier to navigate these inspections with help from a lawyer who understands compliance laws. These legal professionals can help you follow instructions, provide documentation, and answer questions on your behalf.
Can a Canadian Immigration Lawyer Help With Corporate Compliance?
A Canadian immigration lawyer may be able to help with corporate compliance issues. As a Canadian multinational corporation, your enterprise has access to many incredible resources and opportunities. However, you must remain compliant in order to get the most out of these opportunities – and a lawyer could help in this regard. Consider continuing this conversation with Ackah Law today. Our experienced lawyers can help corporations ensure compliance, defend themselves against regulatory issues, and much more. Contact us today to get started.
