The Immigration, Refugees and Citizenship Canada (“IRCC“) Employer Portal is a mandatory online tool for Canadian employers hiring foreign workers on closed work permits in the International Mobility Program (“IMP”).
Purpose
The portal is mandatory for employers hiring through LMIA-exempt streams, such as intra-company transferees, post-graduation work permit holders, or workers under free trade agreements like CUSMA.
The portal is designed to require that employers submit offers of employment that are used to measure compliance under the IMP. Employers must use the portal to:
- Submit an Offer of Employment: Employers provide details of the job, including wages, duties, and working conditions, ensuring they meet Canadian labor standards.
- Pay the Employer Compliance Fee: A non-refundable fee ($230 as of 2024) supports program compliance and enforcement.
- Demonstrate Compliance: Employers use the portal to prove they’ve met their obligations, such as maintaining working conditions and wages promised in the offer.
Jurisprudence
In De Silva v. Canada (Citizenship and Immigration), 2024 FC 1798, the Department of Justice argued that when assessing work permit applications visa officers are required by program processing instructions to rely on the information contained in the portal, rather than weighing it against other information. Justice McHaffie disagreed, noting that IRCC Guidelines do not appear to require visa officers to consider only information from the Employer Portal. Rather, the processing instructions expressly require the visa officer to assess whether the information in an application conflicts with the information provided by the employer.