In a recent Canadian HR Reporter article by Stacy Thomas, immigration lawyer Kyle Hyndman underscores the urgent need for employers to prioritize immigration law compliance as federal oversight of temporary foreign worker (TFW) programs intensifies. Hyndman, a partner at MKS Immigration Lawyers, warns that the regulatory environment has shifted dramatically, moving away from post-pandemic policies that encouraged newcomers. “It’s definitely a time of big change,” he states, noting that recent government actions aim to reduce both temporary and new permanent residents. Employers must now operate in a climate where immigration law compliance is not just advisable, but essential.

Hyndman emphasizes that routine HR decisions can trigger serious consequences, with a tenfold increase in employer compliance inspections by Employment and Social Development Canada (ESDC) in 2024-25, and a 10% non-compliance rate. “It’s not a business-friendly environment,” he asserts, urging companies to adopt a compliance-first mindset. Employers should first question whether hiring TFWs is truly necessary, given the onerous obligations and punitive regime.

The risk of inspection is now a near-certainty, according to Hyndman: “Any employer working with temporary foreign workers should assume that they’re going to get audited.” He points to rising fines—some exceeding $1 million—and bans from the TFW program as evidence of heightened enforcement. Proactive record-keeping and HR training are critical, as even well-intentioned mistakes, such as unapproved pay raises or role changes, can lead to non-compliance findings.

Hyndman also highlights the “double enforcement” challenge, where federal immigration rules intersect with provincial employment standards. “HR people have to be knowledgeable and careful,” he advises, stressing that robust systems and checklists can mitigate audit stress. Ultimately, Hyndman’s message is clear: in today’s landscape, compliance is not optional, but a core HR function that demands constant vigilance.

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Whether you’re navigating the complexities of temporary foreign worker compliance, responding to an ESDC audit, or proactively safeguarding your business against rising enforcement risks, MKS Immigration Lawyers provides the expert guidance you need to stay ahead. Reach out to ensure your HR practices meet today’s stringent standards—schedule your consultation today.