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Corporate Compliance

It is essential that employers of temporary foreign workers are apprised of their compliance responsibilities and are prepared for government audits on business compliance at any time.

Our firm works closely with employers on project undertakings to provide guidance on maintaining compliance with Canadian immigration processes regulations.

  • Employer Immigration Compliance Reviews
  • Government Audit Representation
  • Employer Compliance Defence
  • Mergers and Acquisitions and Corporate Restructuring

Employer Immigration Compliance Reviews

In partnership with employers, we build custom action plans in line with regulatory requirements and corporate policy priorities and targets, helping companies to stay on track and achieve immigration compliance project goals. We ensure that employers maintain necessary compliance documents and are able to access them easily and quickly in the event of a government audit, as well as identify any areas of concern. In some cases, we may recommend voluntary disclosure of any compliance issues identified to minimize possible liability.

 

Government Audit Representation

Government audits can be extremely difficult to navigate, given the complexity of the new immigration compliance regime in Canada. The employer compliance regulatory regime gives investigating officers widespread power to review documents, interview employees and conduct warrantless searches of workplaces. Investigations may appear straightforward, but without a comprehensive understanding of the immigration compliance regime, employers may unwittingly raise concerns of compliance where there are none.

Government Audit Representation

Government audits can be extremely difficult to navigate, given the complexity of the new immigration compliance regime in Canada. The employer compliance regulatory regime gives investigating officers widespread power to review documents, interview employees and conduct warrantless searches of workplaces. Investigations may appear straightforward, but without a comprehensive understanding of the immigration compliance regime, employers may unwittingly raise concerns of compliance where there are none.

We are available to provide representation to Immigration, Refugees and Citizenship Canada (IRCC) and/or Employment and Social Development Canada (ESDC) in the event that the government commences a compliance audit. We inform employers on the process and what to expect from an investigating officer. In addition, we will ensure that companies provide all necessary and appropriate documentation to the investigating officer within the required time frames and disclosure rules. We also provide onsite representation for workplace inspections, reviews of documentation, and Service Canada and CBSA interviews. Our representation involves verbal and written legal representation on the basic areas of compliance, voluntary disclosures, legal justifications and defending non-compliance based on specific legal rules and business circumstances, wherever possible, to minimize liability.

Employer Compliance Defence

Findings of non-compliance can result in the imposition of significant monetary penalties and bans from the hiring of temporary foreign workers. This may have a serious impact on businesses that rely on the international movement of its staff.

If the Canadian government has already identified areas of non-compliance, we work with clients to minimize the impact of such a finding on business and/or the responsible officers of the business. We will review the compliance concerns thoroughly and work with employers to identify the actions that lead to the non-compliance and create remedial programs. We employ sharp legal strategies to defend non-compliance, including the use of applicable or related regulatory defences, legal justifications, remedial programs and other such tools, in order to keep administrative monetary penalties and potential program bans as low as possible.

Mergers and Acquisitions and Corporate Restructuring

Analysis during mergers and acquisitions (M&A), divestures and other types of corporate restructuring activities are typically focused on the “big-picture” and mitigating financial risks—often overlooking the critical area of immigration compliance. Corporate changes without adequate consideration of immigration impacts can lead to serious employer sanctions and other repercussions for essential employees and the business, as well as the success of the restructuring.

BartLAW also provides immigration-related due diligence in acquisitions. Our due diligence compliance reviews include a thorough immigration status analysis, impact determination and management of necessary immigration activities to ensure employers are aware of all potential immigration issues before a restructuring is completed.