Canada's immigration law does not leave employers much room to plead ignorance. Section 124 of the Immigration and Refugee Protection Act makes it an offence to employ a foreign national "in a capacity in which the foreign national is not authorized," and an employer who "fails to exercise due diligence" to check is "deemed to know that it is not authorized."
The administrative side is sharper still. Employers in the Temporary Foreign Worker Program face penalties of "up to $100,000 per violation, to a maximum of $1 million per year," a permanent ban for the most serious violations, and publication of their business name.
This guide covers what to check before a foreign national starts, the SIN rules, the records employers must keep and for how long, how inspections work, what to do with foreign diplomas and references, and what human rights and employment standards law says you may not ask.
What must an employer check before a foreign worker starts?
The work permit itself, read line by line. IRCC says an employer-specific work permit lets the holder work "under the conditions of the permit until the expiry date," and its "Additional Information" section "includes the employer, location and occupation." Numbered conditions and a "Remarks" section can add more limits.
| Document | What to check | Why it matters |
|---|---|---|
| Employer-specific work permit | Your business name, the occupation, the location, the expiry date, conditions and remarks | Work outside those terms is unauthorized |
| Open work permit | Expiry date and any conditions | Holders "can change employers at any time while their work permit is valid" |
| Proof of an extension application | Filed before the permit expired | Maintained status lets the worker keep working until IRCC decides |
| IRCC interim authorization email | That it names the worker and authorizes work | A worker changing employers may start before the new permit arrives; the email itself is not a permit |
| SIN starting with 9 | Expiry date on the SIN record | It expires with the permit |
Two situations confuse HR departments. A worker who applied to extend before the permit expired can keep working on maintained status, under the old permit's conditions, until IRCC decides; then ESDC says "you must verify the new immigration document and the expiry date." And a worker changing employers on an employer-specific permit can ask IRCC for authorization to start the new job while the application is processed; IRCC replies by email, usually in about 10 to 15 days, to say whether the worker is "authorized to work while we process your application."
What does a SIN starting with 9 mean for an employer?
It means the employee is a temporary resident. Service Canada says "SINs issued to temporary residents always start with "9"" and that the SIN "expires on the same date your work permit, study permit or visitor record expires."
ESDC's instructions to employers are short and specific:
- Request each new employee's SIN "within three (3) days after the day on which their employment begins."
- Identify employees with pieces of identification before finalizing their employment documents. The SIN card or confirmation letter is not one: "Neither the confirmation of SIN letter nor the SIN card is an identity document."
- For a SIN beginning with 9, "Ensure that all employees who have a SIN beginning with a "9" are authorized to work in Canada" and that the permit has not expired. If it has, the employee obtains a valid document from IRCC and updates the SIN record, and you then take steps to renew or rehire.
- Keep SINs confidential. They "should only be used for income-related information," stored securely, with access limited.
Which records must employers keep, and for how long?
Six years. Under sections 209.2 and 209.3 of the Immigration and Refugee Protection Regulations, an employer must, for six years beginning on the first day of the period of employment for which the work permit is issued, "be able to demonstrate that any information they provided" in the offer or LMIA "was accurate," and must "retain any document that relates to compliance" with the conditions.
Those conditions include wages and working conditions "substantially the same as" in the offer and not less favourable, employment "in the same occupation", reasonable efforts to provide "a workplace that is free of abuse", no recruitment fees charged or recovered from the worker, and a copy of the Government of Canada's information on workers' rights given "in their chosen official language" on or before the first day of work.
A complete file per worker holds:
- The LMIA decision letter and annex, or the offer of employment submitted through the Employer Portal
- The work permit and every renewal, with the SIN expiry dates tracked
- Payroll records, time sheets and the job description, to show wages, hours and occupation
- Proof the rights information was given, and any recruitment agreements
- Foreign credentials and reference letters you relied on, each with its certified translation
How do employer compliance inspections work?
IRCC inspects employers who hired through LMIA-exempt offers, and ESDC inspects employers in the Temporary Foreign Worker Program. Both can look back six years. IRCC's officers can "require any individual or entity to provide any document in their possession" related to compliance, and on-site inspections can include "interviews with foreign workers or other employees (with their consent)."
ESDC says its inspections may be on-site or virtual, announced or unannounced, and carried out "without a warrant (excluding private dwellings)." Triggers include suspected non-compliance, past non-compliance and random selection. If problems are found, the employer can justify them; if the justification is not accepted, a notice of preliminary finding gives 30 days to respond before a final determination.
Outcomes range from a warning to monetary penalties, bans and publication on IRCC's list of non-compliant employers. Names are not published when the sanction is only a warning.
If an inspector asks for a record that is not in English or French, such as a foreign parent company's payroll document, send a certified translation with it, and add the translator's sworn affidavit if you want the standard IRCC applies to applications.
Do foreign diplomas and references need a certified translation for hiring?
No federal rule makes a private employer translate a candidate's documents, but you cannot rely on what you cannot read. If a job requires a degree, a trade certificate or five years of experience, the evidence should sit in the file with a translation an outsider can check.
A certified translation for an employer's file should keep:
- Names exactly as in the worker's passport, so documents can be matched to the work permit
- Course titles, hours and grades as issued, in the original grading scale
- Job titles, dates and duties as written in reference letters, never upgraded to fit your posting
- Licence numbers, categories, issuing bodies and validity dates
- Stamps, seals and signatures, described in brackets
For equivalency, pair the translation with a credential evaluation; see educational credential assessment. If the occupation is regulated in your province, the regulator decides who may practise and sets its own translation rules; see regulated professions in Canada. For letters, see employment reference letters and pay stubs, and for the worker's own immigration file, work permit documents.
What should employers not ask for or require?
Human rights and employment standards law limit how foreign background can be used.
- No blanket "Canadian experience" requirement. The Ontario Human Rights Commission's policy, approved February 1, 2013, says "a strict requirement for "Canadian experience" is prima facie discrimination." It tells employers not to discount foreign work experience or give it less weight, and not to require applicants to disclose their country of origin on application forms.
- Ontario job postings since January 1, 2026. Employers with 25 or more employees may not include Canadian experience requirements in a publicly advertised job posting or any associated application form. The rule "does not apply to professional licensing or registration requirements." The same rules require pay information, disclosure of AI screening, a statement on whether a vacancy exists, a reply to interviewed applicants within 45 days, and keeping postings for 3 years.
- No SIN as identification. The SIN is for income-related purposes only.
Other provinces have their own human rights codes and commissions, so check the rules where the job is located.
Why employer files fail inspections
- A permit that expired with no extension application, turning a valid hire into unauthorized work.
- The wrong place or job. A worker on an employer-specific permit moved to another site or occupation not named on it.
- Wages below the offer, or deductions that recover recruitment fees.
- Missing records. Payroll or the offer documents discarded before six years passed.
- No proof the rights information was given in the worker's chosen official language.
- Unreadable evidence. Foreign documents in the file with no translation, so nobody can show what they say.
Checklist for employers hiring foreign nationals
Questions people ask
What does a SIN starting with 9 mean?
It means the employee is a temporary resident, such as a work or study permit holder. The SIN expires on the same date as the immigration document, and ESDC tells employers to make sure such employees are authorized to work and that their permit has not expired.
Can a foreign worker keep working after the work permit expires?
Yes, if they applied to extend it before it expired and stay in Canada. They keep working under the conditions of the expired permit on maintained status until IRCC decides, and the employer must then verify the new document and its expiry date.
How long must employers keep records for foreign workers?
Six years, starting on the first day of the period of employment for which the work permit was issued. Records include the LMIA or offer, payroll, time sheets and anything else that shows the employer met the conditions.
What are the penalties for employer non-compliance?
In the Temporary Foreign Worker Program, penalties can reach $100,000 per violation, up to $1 million per year, and the most serious violations bring a permanent ban. Non-compliant employers can also be named publicly, except when the outcome is a warning.
Do foreign diplomas need a certified translation for an employer?
No law requires it for a private hiring file, but a certified translation lets you show what the document says if your decision is ever questioned. Regulators have their own rules, and IRCC requires a translation of any document not in English or French that is submitted with an application.
Can an employer require Canadian experience?
In Ontario, employers with 25 or more employees may not include Canadian experience requirements in publicly advertised postings or application forms since January 1, 2026, except for professional licensing requirements. The Ontario Human Rights Commission also treats a strict Canadian experience requirement as prima facie discrimination.
How much does a certified translation of a diploma cost?
Official Translations charges CA$39.95 per page, a page being up to 300 words, with a signed Certificate of Accuracy. A diploma is usually delivered as a signed PDF within 24 hours, and transcripts or long reference letters take 1 to 3 business days.
