Service Canada is responsible for inspecting employers to determine compliance with program conditions listed in the Immigration and Refugee Protection Regulations (IRPR). Any employer that hires a temporary foreign worker under an approved Labour Market Impact Assessment (LMIA) is subject to inspection, based on the authorities that exist in IRPR (209.5). Some employers are selected through the random (209.5 c) inspection trigger using a system that incorporates data held by ESDC, as well as data obtained through information sharing agreements with other Federal departments and provinces and territories.
The system aims to improve integrity in the Temporary Foreign Worker Program (TFWP), by providing a broad selection of inspection referrals using risk-based criteria to Service Canada’s Integrity Operations, including those who may be at a higher risk of potential non-compliance with program conditions. The system does not render decisions regarding the employers compliance with the program; only supports the selection for inspections to initiate. The regular inspection process is performed by a human investigator who receives and reviews employer documentation according to relevant policy and standards. Based on that initial review, the inspector may render a compliant decision or identify for further inquiry. Such inquiry may find an employer “compliant with justification” or “non-compliant”.
The system uses a business rules algorithm to produce referral lists of employers which are then sent to human investigators to initiate the inspection.