Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2016-01-25 and last amended on 2015-12-01. Previous Versions

SCHEDULE 2(Section 209.95, subsections 209.96(2), (3) and (4), sections 209.97 and 209.98, subsections 209.99(1) and 209.991(1), section 209.993, subsections 209.996(1), (2) and (4) and paragraph 209.997(2)(c))Violations

TABLE 1

Employer Conditions

ItemColumn 1Column 2Column 3
ProvisionShort-form DescriptionClassification
1209.2(1)(b)(i)Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employmentType A
2209.2(1)(b)(ii) and 209.3(1)(c)(ii)Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employmentType A
3209.3(1)(a)(iii)(C)For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offeredType A
4209.3(1)(c)(i)Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employmentType A
5209.4(1)(a)Report at any time and place specified to answer questions and provide documentsType A
6209.4(1)(b)Provide required documentsType A
7209.4(1)(c)Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or informationType A
8209.2(1)(a)(ii) and 209.3(1)(a)(ii)Comply with the federal and provincial laws that regulate employment and the recruiting of employees in the province in which the foreign national worksType B
9209.2(1)(a)(iii) and 209.3(1)(a)(iv)Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employmentType B
10209.3(1)(a)(iii)(A)For employers of a live-in caregiver: ensure that foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervisionType B
11209.3(1)(b)(i)Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B
12209.3(1)(b)(ii)Ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B
13209.3(1)(b)(iii)Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B
14209.3(1)(b)(iv)Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permitType B
15209.2(1)(a)(i) and 209.3(1)(a)(i)Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiverType C
16209.3(1)(a)(iii)(B)For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the householdType C
17209.2(1)(a)(iv) and 209.3(1)(a)(v)Make reasonable efforts to provide a workplace that is free of abuse within the meaning of paragraph 72.1(7)(a) of these RegulationsType C

TABLE 2

Administrative Monetary Penalty Amounts

ItemColumn 1Column 2Column 3Column 4
Total Number of PointsType A ViolationType B ViolationType C Violation
Individual or Small Business ($)Large Business ($)Individual or Small Business ($)Large Business ($)Individual or Small Business ($)Large Business ($)
10 or 1nonenonenonenonenonenone
225007507501,0001,0002,000
337501,0001,2502,0005,00010,000
441,0002,0003,0007,00010,00020,000
554,0006,0007,00012,00015,00030,000
668,00010,00012,00020,00020,00040,000
7712,00020,00020,00030,00035,00050,000
8820,00030,00035,00045,00045,00060,000
99 or 1030,00045,00050,00060,00060,00070,000
1011 or 1240,00060,00060,00070,00070,00080,000
1113 or 1450,00070,00070,00080,00080,00090,000
1215 or more100,000100,000100,000100,000100,000100,000

TABLE 3

Period of Ineligibility

ItemColumn 1Column 2Column 3Column 4
Total Number of PointsType A ViolationType B ViolationType C Violation
10 to 5nonenonenone
26nonenone1 year
37none1 year2 years
481 year2 years5 years
59 or 102 years5 years10 years
611 or 125 years10 years10 years
713 or 1410 years10 years10 years
815 or morepermanentpermanentpermanent

TABLE 4

Compliance History

ItemColumn 1Column 2
CriterionPoints
1For Type A and Type B violations — first violation1
2For Type A violations — second or subsequent violation2
3For Type B violations — second violation2
4For Type C violations — first violation2
5For Type B violations — third or subsequent violation3
6For Type C violations — second violation3
7For Type C violations — third or subsequent violation4

TABLE 5

Severity of the Violation

ItemColumn 1Column 2
CriterionPoints
1The employer derived competitive or economic benefit from the violation0 to 6
2The violation involved abuse of a foreign national (physical, psychological, sexual or financial)0 to 10
3The violation negatively affected the Canadian labour market or the Canadian economy0 to 6
4The employer did not make reasonable efforts to minimize or remediate the effects of the violation0 to 3
5The employer did not make reasonable efforts to prevent recurrence of the violation0 to 3
  • SOR/2015-144, s. 9.
 
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