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

Marginal note:Calculation

• 209.991 (1) The total number of points in respect of each violation is determined by

  • (a) considering

    • (i) the compliance history of the employer who committed the violation set out in column 1 of Table 4 of Schedule 2, and

    • (ii) the severity criteria set out in column 1 of Table 5 of Schedule 2;

  • (b) ascribing

    • (i) for the criterion described in subparagraph (a)(i), the applicable number of points set out in column 2 of Table 4 of Schedule 2,

    • (ii) for the criteria described in subparagraph (a)(ii), the applicable number of points set out in column 2 of Table 5 of Schedule 2 having regard to the severity or the impact of the violation, as the case may be,

  • (c) adding the values obtained under paragraph (b); and

  • (d) if the employer made an acceptable voluntary disclosure in accordance with subsections (2) and (3) and the value obtained under paragraph (c)

    • (i) is four or more, subtracting four points from the value obtained under that paragraph , or

    • (ii) is less than four, replacing that value with a value of zero.

• Marginal note:Voluntary disclosure — criteria of acceptability

  (2) The voluntary disclosure made by an employer with respect to the commission of a violation by the employer is acceptable if

  • (a) the disclosure is complete; and

  • (b) at the time the voluntary disclosure is made, the powers set out in sections 209.6 to 209.9 are not being exercised in respect of the employer nor is any enforcement action related to an offence arising out of the contravention of a provision of the Act being undertaken in respect of the employer.

• Marginal note:Voluntary disclosure — considerations

  (3) Despite subsection (2), an officer or the Minister of Employment and Social Development may consider that the voluntary disclosure is not acceptable after considering

  • (a) the severity of the impact of the violation on the foreign national;

  • (b) in the case of an employer described in subsection 209.2(1), the severity of the impact of the violation on the Canadian economy, or in the case of an employer described in subsection 209.3(1), the severity of the impact of the violation on the Canadian labour market;

  • (c) whether the disclosure was made in a timely manner;

  • (d) the number of times an acceptable voluntary disclosure is made by the employer; and

  • (e) the nature of the condition with which the employer failed to comply.