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

Regulations are current to 2020-06-17 and last amended on 2020-04-30. Previous Versions

PART 11Workers (continued)

DIVISION 4Conditions Imposed on Employers (continued)

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

Marginal note:Entry to verify compliance with section 209.3

  •  (1) Subject to subsection (5), if any of the circumstances set out in section 209.5 exists, the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, enter and inspect any premises or place in which a foreign national referred to in that section performs work and any premises or place that the employer has provided to the foreign national as accommodation.

  • Marginal note:Powers on entry

    (2) The Minister of Employment and Social Development 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 that Minister 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 that Minister.

  • Marginal note:Entering private property

    (3) The Minister of Employment and Social Development and any person accompanying him or her 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 Minister of Employment and Social Development

    (4) A person may, at the Minister of Employment and Social Development’s request, accompany that Minister to assist him or her 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, the Minister of Employment and Social Development 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 the Minister of Employment and Social Development 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 209.3; 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.

  • SOR/2013-245, s. 7
  • SOR/2014-84, ss. 2, 3(E)

Marginal note:Exemption from certain conditions

 The following employers are exempt from the application of sections 209.11 and 209.2:

  • SOR/2018-26, s. 3
 
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