The Employer Who Wanted the File 'Cleaned Up'
A RCIC represents a small construction company, Northline, that is applying for a temporary foreign worker. Northline's owner sends the RCIC a package of payroll records for the LMIA. Reviewing them, the RCIC notices that two of the four Canadian employees listed on the application were paid in cash and do not appear on the payroll remittance summaries. The owner says the two are 'real workers, just paid differently,' and asks the RCIC to 'present the strongest case' and not include the remittance summaries because they 'confuse the picture.' The application is due in 6 days. The RCIC has already been paid a $3,000 deposit. The workers in question would fill genuine vacancies, and the owner is adamant the jobs are real.
1. Analyze the RCIC's obligations when the client asks to omit records that contradict part of the application.
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The core issue is candor and the prohibition on assisting with misrepresentation.
The records are material. The LMIA assesses whether the employer has met the applicable requirements, including the treatment and count of Canadian workers. Payroll remittance summaries are directly relevant to whether the listed employees were employed as claimed. Omitting them because they 'confuse the picture' is not presentation strategy; it is withholding material information that could lead to a wrong conclusion.
The RCIC may not. The RCIC may not submit an application the RCIC knows to be misleading, may not select documents to create a false impression, and may not let the client dictate the evidentiary record. 'Present the strongest case' means presenting an accurate case well, not a curated one.
What the RCIC can do. Explain to the owner why the records matter, ask for the full picture (including an explanation of the cash payments and any remittance gaps), and advise on lawful ways to address the discrepancy, such as a candid explanatory letter if the facts support one. If the owner insists on omission, the RCIC must decline to file on that basis and consider whether to withdraw, following the licensee's obligations on withdrawal and file transfer.
Deposit. The $3,000 does not create an obligation to file a misleading application. The RCIC should address the fee position transparently and in writing.
Tone. The model answer should show the RCIC pushing back early and in writing, not discovering the problem at filing.
2. The owner threatens to report the RCIC for 'not doing his job' if the RCIC refuses to file as asked. How should the RCIC respond and document the situation?
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The RCIC should respond calmly, in writing, and on the record.
Substance of the response. Restate, in plain language, that the RCIC cannot submit an application that omits material records, and that this is a professional obligation, not a preference. Offer the lawful path: include the records with a clear explanation, or correct the underlying records if they are wrong. Give the owner a realistic picture of the risk of filing a misleading application, including the consequences for the employer and for future applications.
Documentation. Put the advice and the owner's instructions in writing. Keep the client's emails and the RCIC's responses. If the client insists, document the refusal to file on that basis and the reasons. A contemporaneous record protects both the client and the RCIC if a complaint follows.
If a complaint is made. The RCIC should cooperate fully with the regulator, provide the file and the written record, and not retaliate or abandon the client improperly. The RCIC should also review whether continued representation is feasible; if the relationship has broken down over an ethical disagreement, withdrawal may be appropriate, done properly with notice and file transfer.
What not to do. Do not threaten the client, do not alter the file, and do not file 'just this once.' The exam is testing whether the RCIC holds the line under pressure and documents it, rather than whether the RCIC wins the argument.