IRCC Updates Employer Compliance Inspection Guidance Under Emergencies Act and Quarantine Act

IRCC Updates Employer Compliance Inspection Guidance Under Emergencies Act and Quarantine Act

Summary: Canada’s immigration department has reissued and broadened its COVID-era employer inspection guidance for temporary foreign workers to apply generally under the Emergencies Act and the Quarantine Act, clarifying obligations, inspection triggers, and timelines for employers hiring under the International Mobility Program. Source: IRCC | Date of update: 2026-08-07 Immigration, Refugees and Citizenship Canada (IRCC) has updated its program delivery instructions for employer compliance inspections, shifting guidance that was specific to COVID-19 to a broader framework tied to the Emergencies Act and the Quarantine Act. The previously removed external instructions have been re-posted and are now organized under the Temporary workers program delivery section. Key scope and application
- The instructions support inspections of employers under the International Mobility Program against conditions in the Immigration and Refugee Protection Regulations (IRPR) that relate to the Quarantine Act, the Emergencies Act, or provincial public health laws responding to COVID-19.
- Employers’ obligations are assessed under IRPR s. 209.2 and associated provisions. Employer obligations highlighted
- Do not impede compliance: Employers must not prevent foreign workers from complying with requirements under the Emergencies Act or the Quarantine Act [IRPR s. 209.2(1)(a)(v)], or with provincial public health laws responding to COVID-19 [IRPR s. 209.2(1)(a)(vi)].
- Wages during quarantine: Employers must pay the wages set out in the offer of employment during any self‑isolation or quarantine required upon entry to Canada under an order made under Quarantine Act s. 58 [IRPR s. 209.2(1)(a)(vii)], whether or not the worker can perform work. Employers under the International Mobility Program are not required to provide accommodations or other quarantine costs, beyond wages.
- Sick leave after quarantine: If illness occurs after the initial isolation, applicable sick leave or other appropriate leave applies in line with provincial/territorial rules.
- Telework permitted during quarantine if all conditions are met: the role suits remote work while respecting Quarantine Act requirements; duties match the employment contract/offer; and the worker has the equipment to work from the quarantine location. Inspection framework and triggers
- Triggers (IRPR s. 209.5(d), (e)): Selection for inspection may occur if IRCC or Employment and Social Development Canada (ESDC) is notified of the introduction or spread of a communicable disease (as defined in Quarantine Act s. 2) at a worksite, or if the employer has a foreign worker subject to an order or regulation made under the Emergencies Act or the Quarantine Act.
- Selection window: Employers can be selected for inspection within six years of the work permit being issued, including the quarantine period. Employers must retain documents for six years and comply with document requests under IRPR s. 209.4(1).
- Desk inspections: During a pandemic, on-site inspections may be replaced by desk reviews. IRCC may request assistance from other authorities where there is notification of violations under the Quarantine or Emergencies Acts or criminal offences. Officers may initiate inspections by phone or electronic correspondence; with prior consent, electronic communications may include final decisions and preliminary findings. Timelines and process
- The regulatory conditions took effect on 2020-04-20; from that date, the “period of employment” includes any required isolation/quarantine upon entry under the Quarantine Act.
- To protect public health, inspections should be launched within the first 14 days of a worker’s arrival and completed within 30 days.
- Notice of preliminary finding is deemed received five days after sending, and the employer has five days to respond. Justification for non-compliance
- IRPR s. 203(1.1)(h) provides a potential justification where an employer failed to comply with IRPR s. 209.2(1)(a)(v)–(vi) due to a good‑faith error in interpreting applicable requirements (e.g., misunderstanding Quarantine Act obligations). Program affected
- Work Permit (International Mobility Program employers) Independent analysis
- Positive impacts:
- Clarity and continuity: By generalizing COVID-era guidance to the broader Emergencies/Quarantine Acts framework and re‑posting external instructions, IRCC provides clearer compliance expectations and continuity for employers and inspectors.
- Worker protections maintained: Explicit wage protections during mandated quarantine and allowance of telework where feasible safeguard worker rights while permitting operational flexibility.
- Potential challenges:
- Compliance burden: The six‑year document retention and potential inspections long after permit issuance may increase administrative load, particularly for smaller employers.
- Narrow scope of justification: The good‑faith interpretation defense applies only to specified subparagraphs, possibly limiting relief where obligations are complex or evolve quickly under emergency orders.
- Cost considerations: While accommodations are not mandated, paying wages during quarantine regardless of work ability can impact employers with roles not suited to telework. Closing
IRCC’s update consolidates and clarifies employer compliance expectations under emergency public health regimes while preserving protections for temporary foreign workers. Stakeholders should note the inspection triggers, tight timelines, and document retention requirements now emphasized within the Temporary workers program delivery framework.

Tags: IRCC, Employer Compliance, International Mobility Program, Work Permit, Quarantine Act, Emergencies Act, Immigration and Refugee Protection Regulations, Temporary Foreign Worker, Inspections, Canada Immigration, Program Delivery Update, COVID-19 Compliance