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AI-Driven Employer Selection for Labour Compliance Inspections

The Temporary Foreign Worker Program (TFWP) Case Selection Algorithm is an automated tool developed by Employment and Social Development Canada (ESDC) to prioritize employers for compliance inspections. The system uses a set of algorithms and business rules to assess risk factors associated with employers participating in the TFWP, helping Service Canada focus its inspection resources on employers who are most likely to be in violation of the Immigration and Refugee Protection Regulations (IRPR). The goal is to protect the rights of temporary foreign workers by holding employers accountable for program requirements.

The system generates a list of employer business numbers (BNs) for inspection through two methods: a risk-based random selection targeting higher-risk employers, and a purely random selection from the broader employer population. Once an employer is selected, human staff at Service Canada take full control of managing, distributing, and carrying out the inspection. No automated recommendations are made about the outcome of an inspection — all decisions remain with qualified human officers following established regulations and procedures.

Approximately 50,000 employers are approved to use the TFWP, and only a percentage are selected for inspection each year. This system improves the reach and quality of the compliance regime by drawing on data from multiple federal and provincial sources. Employers whose inspection results in a finding of non-compliance may face administrative monetary penalties or a temporary or permanent ban from the Program. Individuals who believe they have been improperly selected may pursue recourse through established channels, and meaningful explanations of the system's role are made available in plain language through the Algorithmic Impact Assessment.

Government of Canada – AI Register