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

Regulations are current to 2019-08-15 and last amended on 2019-08-15. Previous Versions

PART 11Workers (continued)

DIVISION 4Conditions Imposed on Employers (continued)

Marginal note:Foreign national referred to in subparagraph 200(1)(c)(iii)

  •  (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(iii) must comply with the following conditions:

    • (a) during the period of employment for which the work permit is issued to the foreign national,

      • (i) the employer must be actively engaged in the business in respect of which the offer of employment was made, unless the offer was made for employment as a live-in caregiver,

      • (ii) the employer must comply with the federal and provincial laws that regulate employment, and the recruiting of employees, in the province in which the foreign national works,

      • (iii) the employer, in the case of an employer who employs a foreign national as a live-in caregiver, must

        • (A) ensure that the 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 supervision,

        • (B) provide the foreign national with adequate furnished and private accommodations in the household, and

        • (C) have sufficient financial resources to pay the foreign national the wages that were offered to the foreign national,

      • (iv) the employer must provide the foreign national with employment in the same occupation as that set out in the foreign national’s offer of employment and with wages and working conditions that are substantially the same as — but not less favourable than — those set out in that offer, and

      • (v) the employer must make reasonable efforts to provide a workplace that is free of abuse;

    • (b) during the period of employment for which the work permit is issued to the foreign national or any other period that was agreed on by the employer and the Department of Employment and Social Development at the time the assessment referred to in subsection 203(2) was provided,

      • (i) the employer must ensure that the employment of the foreign national will result in direct job creation or job retention for Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit,

      • (ii) the employer must 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 one of the factors that led to the issuance of the work permit,

      • (iii) the employer must hire or train Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit, and

      • (iv) the employer must make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit; and

    • (c) during a period of six years beginning on the first day of the period of employment for which the work permit is issued to the foreign national, the employer must

      • (i) be able to demonstrate that any information they provided under subsections 203(1) and (2.1) was accurate, and

      • (ii) retain any document that relates to compliance with the conditions set out in paragraphs (a) and (b).

  • Marginal note:Period of employment

    (2) For the purposes of subsection (1), the period of employment for which the work permit is issued includes any period during which the foreign national may, under paragraph 186(u), work in Canada without a permit after the expiry of their work permit.

  • Marginal note:Justification

    (3) A failure to comply with any of the conditions set out in paragraphs (1)(a) and (b) is justified if it results from any of the circumstances set out in subsection 203(1.1).

  • Marginal note:Justification

    (4) A failure to comply with either of the conditions set out in paragraph (1)(c) is justified if the employer made all reasonable efforts to comply with the condition.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 1
  • SOR/2015-147, s. 1
  • SOR/2017-56, s. 4

Marginal note:Conditions imposed on all employers

  •  (1) An employer referred to in section 209.2 or 209.3 must

    • (a) report at any specified time and place to answer questions and provide documents, in accordance with section 209.6;

    • (b) provide any documents that are required under section 209.7; and

    • (c) attend any inspection referred to in section 209.8 or 209.9, unless the employer was not notified of it, give all reasonable assistance to the person conducting that inspection and provide that person with any document or information that the person requires.

  • Marginal note:Justification

    (2) A failure to comply with any of the conditions set out in subsection (1) is justified if the employer made all reasonable efforts to comply with the condition or if it results from anything done or omitted to be done by the employer in good faith.

  • SOR/2013-245, s. 7

Marginal note:Circumstances for exercise of powers – sections 209.6 to 209.9

 The powers set out in sections 209.6 to 209.9 may be exercised in the following circumstances:

  • (a) an officer or the Minister of Employment and Social Development has a reason to suspect that the employer is not complying or has not complied with any of the conditions set out in section 209.2 or 209.3;

  • (b) the employer has not complied with the conditions set out in section 209.2 or 209.3 in the past; or

  • (c) the employer is chosen as part of a random verification of compliance with the conditions set out in sections 209.2 and 209.3.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 2

Marginal note:Answering questions and providing documents

  •  (1) If any of the circumstances set out in section 209.5 exists,

    • (a) an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, require an employer to report at any specified time and place to answer questions and provide documents that relate to compliance with those conditions; and

    • (b) the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, require an employer to report at any specified time and place to answer questions and provide documents that relate to compliance with those conditions.

  • Marginal note:Minister of Employment and Social Development

    (2) The Minister of Employment and Social Development may exercise the powers set out in paragraph (1)(a) on the request of an officer.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 2

Marginal note:Examination of documents

  •  (1) If any of the circumstances set out in section 209.5 exists,

    • (a) an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, require an employer to provide them with any document that relates to compliance with those conditions; and

    • (b) the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, require an employer to provide him or her with any document that relates to compliance with those conditions.

  • Marginal note:Minister of Employment and Social Development

    (2) The Minister of Employment and Social Development may exercise the powers set out in paragraph (1)(a) on the request of an officer.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 2

Marginal note:Entry to verify compliance with section 209.2

  •  (1) Subject to subsection (5), if any of the circumstances set out in section 209.5 exists, an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, enter and inspect any premises or place in which a foreign national referred to in that section performs work.

  • Marginal note:Powers on entry

    (2) The officer may, for that purpose,

    • (a) ask the employer and any person employed by the employer any relevant questions;

    • (b) require from the employer, for examination, any documents found in the premises or place;

    • (c) use copying equipment in the premises or place, or require the employer to make copies of documents, and remove the copies for examination or, if it is not possible to make copies in the premises or place, remove the documents to make copies;

    • (d) take photographs and make video or audio recordings;

    • (e) examine anything in the premises or place;

    • (f) require the employer to use any computer or other electronic device in the premises or place to allow the officer to examine any relevant document contained in or available to it; and

    • (g) be accompanied or assisted in the premises or place by any person required by the officer.

  • Marginal note:Entering private property

    (3) An officer and any person accompanying the officer may enter on and pass through private property, other than a dwelling-house, to gain entry to a premises or place referred to in subsection (1). For greater certainty, they are not liable for doing so.

  • Marginal note:Person accompanying officer

    (4) A person may, at an officer’s request, accompany the officer to assist them to access the premises or place referred to in subsection (1) and is not liable for doing so.

  • Marginal note:Dwelling-house

    (5) In the case of a dwelling-house, an officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (6).

  • Marginal note:Issuance of warrant

    (6) On ex parte application, a justice of the peace may issue a warrant authorizing an officer who is named in it or the Minister of Employment and Social Development, as the case may be, to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

    • (a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);

    • (b) entry into the dwelling-house is necessary to verify compliance with the conditions set out in section 209.2; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • Marginal note:Minister of Employment and Social Development

    (7) The Minister of Employment and Social Development may exercise the powers set out in this section on the request of an officer.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 2
 
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