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Editorial Team
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25 days ago
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10 min read
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Summary

On February 27, 2026, the Canada Border Services Agency (CBSA) announced criminal charges against a. Quebec employer and individuals following an investigation into the alleged hiring of 21 unauthorized foreign workers. The case highlights that hiring foreign nationals without proper work authorization can trigger not. Employers can face criminal charges under IRPA if they hire foreign workers who are not authorized to work in their business. HR and payroll teams must verify each foreign worker’s status, employer, occupation and location before any work begins.

On February 27, 2026, the Canada Border Services Agency (CBSA) announced criminal charges against a. Quebec employer and individuals following an investigation into the alleged hiring of 21 unauthorized foreign workers.

The case highlights that hiring foreign nationals without proper work authorization can trigger not. only administrative penalties, but also offences under the Immigration and Refugee Protection Act (IRPA).

  • Employers can face criminal charges under IRPA if they hire foreign workers who are not authorized to work in their business.
  • HR and payroll teams must verify each foreign worker’s status, employer, occupation and location before any work begins.
  • Both employers and workers should seek advice quickly if there is any doubt about work authorization or past non-compliant work.

CBSA charges Quebec employer for hiring unauthorized foreign workers

On February 27, 2026, CBSA announced that criminal charges have been laid in Quebec against a campground/resort business, its directors and. an employee, following an investigation into the alleged hiring of foreign nationals who were not authorized to work for that employer.

The alleged offences relate to hiring 21 foreign workers between May 2022 and April 2024. The accused were summoned to appear in court on March 26, 2026, and, as CBSA stresses, they are presumed innocent until proven guilty.

For employers across Canada, this case is a clear reminder that immigration compliance is not. just an administrative issue—it can carry criminal consequences under the Immigration and Refugee Protection Act (IRPA).

What exactly did CBSA announce today?

The investigation and charges

According to CBSA, the charges follow an investigation into alleged unauthorized hiring of foreign workers at a Quebec camping resort. CBSA reports that:

  • Charges were laid on February 26 at the Granby courthouse, with the news release issued on February 27, 2026.
  • The business and its directors are alleged to have hired 21 foreign. nationals who did not have authorization to work for them under Canadian immigration law.
  • An employee is alleged to have encouraged the employer to hire. unauthorized workers and to have encouraged those workers to work in Canada without authorization.
  • The investigation reportedly began in December 2022 after information from the public and included a search of the business premises in September 2024.

CBSA’s news release emphasizes that the charges must still be proven in court and that all accused remain presumed innocent.

Why this matters beyond one employer

This is not a change in the law, but a very visible enforcement action under existing IRPA provisions. For many employers who rely on temporary foreign workers or other foreign talent, it underlines that:

  • Immigration compliance is monitored not only by IRCC and Employment and Social Development Canada (ESDC), but also by CBSA.
  • Information from the public can trigger investigations into unauthorized work.
  • Criminal investigations can run in parallel with inspections and administrative penalties under employer compliance regimes.

Which immigration offences are alleged under IRPA?

Section 124(1)(c): employing unauthorized foreign nationals

CBSA indicates that the company directors face a charge under section 124(1)(c) of the Immigration and Refugee Protection Act (IRPA). Section 124(1)(c) makes it an offence to employ a foreign national in a.

job in which that person is not authorized to work under the Act.

In simple terms, this provision targets employers who put a foreign national to work when that person:

  • does not have a valid work permit covering that employer, job and location; or
  • is working in a way that goes beyond the conditions of their authorization (for example, wrong employer or occupation).

Under section 125 IRPA, someone convicted of an offence under subsection 124(1) may face, on indictment, up to $50,000. in fines, up to two years in prison, or both; on summary conviction, the maximums are lower but still significant.

Section 131: counselling or inducing immigration offences

CBSA also reports that an employee faces two additional charges under section 131 of IRPA. Section 131 makes it an offence to knowingly induce, aid, abet or counsel.

another person to commit certain immigration offences, including the employment offence in section 124.

In practice, this means that not only the directors or owners, but also managers or staff who push. for non-compliant arrangements, can be exposed to the same potential penalties as the person who directly commits the offence.

How this case fits into Canada’s broader employer compliance regime

Canada already has a layered compliance system for employers of foreign workers. Under the Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP), ESDC and IRCC can.

conduct inspections and impose administrative penalties, including fines and bans, on employers who fail to meet conditions.

Criminal prosecutions under IRPA, like the case announced today, sit at the most serious end of. that enforcement spectrum and tend to be reserved for situations where authorities allege deliberate or systemic non-compliance.

Key obligations for employers hiring foreign workers

Before any foreign national starts work in Canada, employers are expected to ensure, at a minimum, that:​

  • The person has valid status in Canada that allows work (for example, a work permit, certain open permits, or a status that permits work).
  • The work permit (if required) lists the correct employer, occupation, location and validity dates.
  • The job offered matches what was described in the Labour Market Impact Assessment (LMIA) or offer of employment, where applicable.
  • No one has asked the worker to pay illegal recruitment or employer costs.
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One possible interpretation of today’s CBSA announcement is that enforcement agencies are increasingly willing to use criminal provisions where they. believe employers have deliberately hired or facilitated work by people without proper authorization, rather than relying solely on administrative penalties.

Practical steps for employers to avoid hiring unauthorized foreign workers

The best time to prevent risk is before anyone starts work. Employers—especially in seasonal industries like hospitality, construction, agriculture and tourism—should consider implementing a structured process.

1. Build a foreign worker compliance checklist

  1. Require proof of status and work authorization before onboarding any non-citizen or non-permanent resident.
  2. Obtain and securely store copies of work permits (or other authorization documents) in HR files.
  3. Record key conditions: employer name, job title, NOC/TEER, location and expiry date.

2. Verify that the job matches the authorization

Compare the job you intend to offer with the details on the worker’s permit:

  • If the permit is employer-specific, the legal employer must match exactly.
  • If the permit is location-specific, confirm the work will only occur at permitted sites.
  • If duties have changed significantly (for example, moving from housekeeping to supervisor), reassess whether a new work permit is required.

3. Train managers not to “make exceptions”

Managers and site supervisors may be tempted to put someone on a shift “just for the weekend” or “until the permit comes through.”. This case shows how risky that thinking can be: individuals involved in encouraging unauthorized work can themselves face criminal exposure under IRPA section 131.

4. Use official channels for questions

If your team is unsure whether someone is authorized to work:

  • Pause onboarding until you have clarity.
  • Review IRCC’s official guidance on hiring temporary foreign workers.
  • Consider obtaining written advice from a regulated immigration consultant or lawyer before proceeding.

What foreign workers should take from this announcement

For foreign workers, this enforcement action sends a different but related message: you have rights, but you also have responsibilities.

If you are already in Canada

  • Do not start working for a new employer until your work permit allows it, unless you clearly fall under a narrow exemption.
  • If your permit lists a specific employer, you generally cannot work for someone else without a new authorization.
  • If your status or work permit has expired, seek advice urgently about restoration options before continuing any work.

If you are being asked to work without a permit

If an employer suggests that you “work cash,” start before your permit is approved, or ignore. the conditions on your permit, that could expose both you and the employer to serious consequences.

In some cases, workers can report concerns about abuse or misuse of foreign worker programs through confidential federal reporting tools.

One option in such situations is to consult a regulated immigration professional to review. your status and discuss safer alternatives, including potential open work permits in cases of abuse.

How today’s news fits into your immigration strategy

For employers who rely on international talent, this announcement is a prompt to review internal processes. For workers, it is a reminder to understand exactly what your status allows you to do.

You may also want to review related topics like:

  • Employer checklist for hiring temporary foreign workers
  • Understanding your Canadian work permit conditions
  • What to do if you may have worked without authorization
  • Responding to an immigration compliance inspection

For the official government material referenced in this article, see:

  • Canada Border Services Agency news release on charges for hiring unauthorized foreign workers
  • Immigration and Refugee Protection Act (IRPA) – offence and penalty provisions
  • Government of Canada guidance for employers hiring temporary foreign workers

If you are concerned that your organization may have compliance gaps, or if you are. a worker worried about past or current unauthorized work, a case-specific review is strongly recommended. Book a consultation to discuss your situation with a regulated immigration professional.

This article provides general information and does not constitute legal advice.

Frequently Asked Questions

Does hiring someone without a work permit always lead to criminal charges?

No. Many cases of non-compliance are dealt with through inspections and administrative penalties under employer compliance. regimes, such as fines and bans from the Temporary Foreign Worker Program or International Mobility Program.

Criminal charges under IRPA are generally reserved for more serious or deliberate violations, but today’s CBSA announcement shows that criminal enforcement is a real possibility.

What should I check before putting a foreign worker on payroll?

At a minimum, confirm that:

  • the person’s status allows work in Canada;
  • their work permit (if required) is valid and names your business, the correct job and location; and
  • the job you will actually assign matches what was approved through the LMIA or offer of employment, if any.

Can foreign workers be punished if their employer breaks the rules?

Yes, in some situations foreign workers can face consequences, including findings of non-compliance with their own status conditions. However, many workers are vulnerable and may have been pressured by employers.

In some cases, there may be options to change status or obtain an open work permit where abuse is involved. The details are highly case-specific, so individual legal advice is important.

What if I discover that someone has been working without authorization in my business?

Do not ignore it. One option is to immediately stop the unauthorized work, gather relevant documents, and. seek advice from a regulated immigration consultant or lawyer on possible corrective steps.

In some cases, voluntary disclosure to authorities or remedial action may reduce risk, but this should be planned carefully with professional guidance.

When should I speak to a regulated immigration consultant or lawyer?

You should seek professional advice if:

  • you are unsure whether a foreign national is authorized to work for you;
  • an inspection, investigation or site visit has been announced or has already occurred;
  • you receive a letter alleging non-compliance; or
  • you are a worker who has been asked to work in Canada without clear authorization.
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In these situations, tailored legal advice can help you understand your risk and develop a response strategy. Book a consultation to have your circumstances reviewed.

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