An ESDC notice of preliminary finding (NOPF) is the proposed decision at the end of a Temporary Foreign Worker (TFW) Program inspection. It tells you which conditions ESDC thinks you breached, why, and the warning, fine or ban it proposes. It is not final. You generally have 30 days after deemed receipt to make written submissions or ask for more time, and that is usually your last real chance to change the result.
This article is based on ESDC internal policy released under ATIP, Policy: Determination of Consequences (pp. 12 to 16) and Policy: Employer Inspection Process (pp. 10 to 11), both dated July 10, 2024 and presented at the CILA 2026 LMIA Lab, checked against the Immigration and Refugee Protection Regulations (IRPR) as current to October 19, 2026, and ESDC’s employer compliance page on canada.ca (modified May 12, 2026). Where they differ, we follow the regulation and canada.ca. The inspection itself is covered in our ESDC inspection process guide, and how points become fines and bans is in our penalty points guide.
Key Takeaways
- An NOPF comes only after an initial finding of non-compliance and a justification ESDC did not accept, or did not receive.
- You may make written submissions, or request an extension, within 30 days after the day you receive the notice (IRPR s.209.994(1)). The notice is deemed received 10 days after it is sent (s.209.994(2)).
- A five-day period applies instead where the notice concerns only the COVID-19, Quarantine Act or Emergencies Act conditions (items 18 to 23 of Table 1 of Schedule 2).
- ESDC can correct or cancel the notice at any time before the final determination (s.209.995). A correction can lower the consequences, but it can also raise them.
- Voluntary disclosure cannot be made once an inspection is under way. At the NOPF stage, your tools are justification, remediation and prevention.
What is an ESDC notice of preliminary finding?
An ESDC notice of preliminary finding is the formal notice ESDC must issue when it concludes that an LMIA employer breached a condition listed in Table 1 of Schedule 2 and the breach was not justified (IRPR s.209.993(2)). It must state the condition, the facts, the reasons, and any proposed penalty, ban or warning, and invite written submissions.
Where the NOPF sits in the process
ESDC’s policy describes three stages:
- Initial finding of non-compliance. ESDC asks you to justify the problem. If it accepts the justification, with compensation to the workers where required, the inspection ends.
- Preliminary finding. If you gave no justification, or ESDC did not accept it, ESDC issues the NOPF.
- Final determination. After the response period, ESDC issues a notice of final determination (NOFD) with the violation, reasons and consequences (s.209.996(4)).
An acceptable justification must fit one of the grounds in IRPR s.209.3(3) to (5) or s.209.4(2), such as a change in federal or provincial law, a change to a collective agreement, a good-faith error or an accounting error followed by compensation to the workers, or superior force. ESDC’s policy calls any explanation outside that list “unacceptable”.
How long do you have to respond to an NOPF?
You have 30 days after the day you receive the notice to make written submissions or ask for an extension (IRPR s.209.994(1)). The notice is deemed received 10 days after ESDC sends it, even by email (s.209.994(2)). ESDC’s policy calls this the “Opportunity to Respond”. ESDC cannot issue the final determination before that period, or any extension, ends (s.209.996(3)).
canada.ca describes the window as “30 days from the date of the NOPF”. That is shorter than the regulation. The safe approach is to diarize from the date on the notice and treat the deemed-receipt days as a buffer, not as planned working time.
The five-day exception
If the notice concerns only one of the conditions in items 18 to 23 of Table 1 of Schedule 2, the period is five days, and the notice is deemed received five days after it is sent (s.209.994(1.1) and (2.1)). Those items are the Emergencies Act, Quarantine Act and COVID-19 conditions, including quarantine wages and isolation housing.
Do you have to respond to an NOPF?
No. ESDC’s policy says a response is not required and silence is not treated as non-cooperation. But silence means the preliminary finding will almost certainly become final, with the listed fine, any ban and, unless the outcome is a warning, publication on IRCC’s list of non-compliant employers (s.209.997).
Can you get an extension to respond to an NOPF?
Yes, if you ask within the 30 days. Under s.209.994(3), ESDC may extend the period where there is a reasonable explanation. ESDC’s policy gives examples:
- illness, a death or similar personal or family circumstances;
- your accountant on temporary leave, difficulty reaching a worker, or a business emergency;
- other circumstances beyond your control; and
- asking as soon as you knew you needed the time.
The policy says the regulations set no limit on the number of reasonable requests. Ask in writing, give the reason, propose a date, and do not assume an extension until ESDC confirms it.
What should an NOPF response include?
The regulation lets you address three things in the notice: the violation and its facts and reasons, the proposed penalty and ban, and any warning (s.209.993(3)(b) to (d), read with s.209.994(1)(a)). In practice a strong response covers:
- The facts. Payroll records, time sheets, the signed employment agreement, and anything else that contradicts ESDC’s findings.
- A justification. If one of the grounds in s.209.3(3) to (5) or s.209.4(2) applies, prove it with documents. Where compensation is part of the justification, show payment, or your efforts to pay a worker who has left.
- The count. Each affected worker is a separate violation (s.209.96(1)). Check that no worker is counted twice or wrongly included.
- The points. Check the violation type, the compliance-history points, the business-size category and each severity score. ESDC’s policy lists an error in calculating points as a reason to correct a notice.
- Remediation and prevention. Severity criteria 4 and 5 in Table 5 of Schedule 2 score up to 3 points each where you made no reasonable efforts to fix the effects or to prevent recurrence. ESDC’s policy puts the onus on you. Show back pay, policy changes and training, and explain why recurrence is now unlikely.
Submissions must actually be considered. In Ayr Motors Express Inc., 2017 FC 514, summarized in the CILA 2026 case-law handout, the Federal Court found the Minister had not meaningfully considered the employer’s response before deciding. A judicial review of a final determination is largely argued on the record you build now, as our employer compliance hub explains.
Can ESDC change the NOPF after you respond?
Yes. ESDC may correct or cancel the notice at any time before the final determination (s.209.995). Its policy lists new information in your submissions, new information from elsewhere (such as a worker tip), and ESDC’s own errors. The result can be cancellation, a reduced penalty, no change, or a corrected notice with a higher penalty or longer ban.
A corrected notice carries its own 30-day response period (s.209.994(1)). Your response may prompt further fact-finding, so make sure every statement in it is accurate and supported.
Can you still make a voluntary disclosure after an NOPF?
Not for this inspection. Under s.209.991(2), a voluntary disclosure is acceptable only if it is complete and made at a time when ESDC’s inspection powers under ss.209.6 to 209.9 are not being exercised in respect of you. ESDC’s policy is direct: a disclosure made while an inspection is under way will not be accepted.
Voluntary disclosure still matters in two ways at this stage:
- If you disclosed before the inspection started, check that the NOPF applies the deduction in s.209.991(1)(d): four points off a total of four or more, or the total reduced to zero if it is under four. If it is missing, say so in your response.
- After the file closes, build early disclosure into your compliance routine. canada.ca says ESDC weighs completeness, timeliness, the impact on workers and the labour market, how often you have disclosed, and how you fixed the issue (see also s.209.991(3)).
What happens after the 30 days?
If you did not respond, or ESDC is not persuaded, it issues the NOFD. Any penalty is payable within 30 days after receipt unless a payment agreement is reached in that period (s.209.996(4)(e)), and the NOFD is also deemed received 10 days after it is sent (s.209.996(6)). Before your next application, our LMIA hiring guide sets out the conditions you will be signing up to.
Frequently Asked Questions
How long do I have to respond to an ESDC notice of preliminary finding?
Generally 30 days after you receive it, and it is deemed received 10 days after it is sent. canada.ca counts from the date of the notice, so plan to the earlier date. Notices about only the COVID-19 or quarantine conditions allow five days.
What happens if I ignore an NOPF?
Silence is not non-cooperation, but the finding will usually become final, with the proposed penalty, any ban and public listing.
Can I ask ESDC for more time to respond?
Yes. Ask in writing before the 30 days run out and give a reasonable explanation, such as illness or an unavailable accountant. ESDC decides each request.
Can a voluntary disclosure reduce my penalty after an NOPF is issued?
Not for violations found in the current inspection, because disclosures made during an inspection are not accepted. A disclosure made before the inspection should appear as a four-point deduction.
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Disclaimer: This article is for general information only and is not legal advice. Immigration law and IRCC/ESDC policy change frequently, and every case turns on its own facts. Reading this article does not create a lawyer–client relationship. Obtain advice tailored to your situation before you act.
Talk to a Canadian immigration lawyer. BridgePoint Law advises individuals and businesses across Canada — and on Canada–US–China cross-border matters — on employer compliance inspections and TFW Program penalties. Book a consultation with our team in Toronto and Kingston. We work in English, Mandarin, and Cantonese.