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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 6Administrative Monetary Penalties and Other Consequences for Failure To Comply with Conditions Imposed on Employers (continued)

Multiple Violations

Marginal note:Cumulative amounts

  •  (1) If a notice of preliminary finding under section 209.993 or a notice of final determination under section 209.996 that is issued to an employer lists more than one violation, the administrative monetary penalty amounts are cumulative but the total must not exceed $1 million.

  • Marginal note:Applicable period of ineligibility

    (2) If a notice of preliminary finding or a notice of final determination that is issued to an employer includes more than one period of ineligibility, the longest period of ineligibility applies.

  • SOR/2015-144, s. 8

Notice of Preliminary Finding

Marginal note:Notice — issuance by officer

  •  (1) If an officer assesses, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3) or (4) or 209.4(2), the officer must issue a notice of preliminary finding to the employer.

  • Marginal note:Notice — issuance by Minister

    (2) If the Minister of Employment and Social Development assesses, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3) or (4) or 209.4(2), that Minister must issue a notice of preliminary finding to the employer.

  • Marginal note:Content of notice

    (3) The notice of preliminary finding must include the following information:

    • (a) the name of the employer referred to in subsection (1) or (2), as the case may be;

    • (b) the condition with which the employer failed to comply as well as the provision listed in column 1 of Table 1 of Schedule 2, the relevant facts surrounding the violation and the reasons for the preliminary finding;

    • (c) if applicable, the administrative monetary penalty amount and the period of ineligibility for the violation as well as the statement that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation;

    • (d) if applicable, the statement that a warning may be issued to the employer informing them that there is no administrative monetary penalty for the violation but that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation; and

    • (e) the statement that the employer may make written submissions within the period set out in section 209.994 with respect to the information referred to in paragraphs (b) to (d).

  • SOR/2015-144, s. 8

Marginal note:Submissions by employer — period

  •  (1) An employer to whom a notice of preliminary finding under section 209.993 or a corrected notice of preliminary finding under section 209.995 is issued may, within 30 days after the day on which it is received,

    • (a) make written submissions with respect to the information referred to in paragraphs 209.993(3)(b) to (d); or

    • (b) request an extension of that period.

  • Marginal note:Reduced period

    (1.1) Despite subsection (1), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the employer may make a written submission or request referred to in paragraph (1)(a) or (b) within five days after the day on which the notice or corrected notice is received.

  • Marginal note:Deemed receipt

    (2) Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of preliminary finding or a corrected or cancelled notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent.

  • Marginal note:Reduced period

    (2.1) Despite subsection (2), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice or corrected notice is deemed to have been received five days after the day on which it is sent.

  • Marginal note:Submissions by employer — extension of period

    (3) An officer or the Minister of Employment and Social Development may extend the period referred to in subsection (1) if there is a reasonable explanation justifying its extension.

  • SOR/2015-144, s. 8
  • SOR/2019-174, s. 10
  • SOR/2020-91, s. 9

Marginal note:Correction or cancellation of notice

 An officer or the Minister of Employment and Social Development may correct any information in a notice of preliminary finding that is issued under subsection 209.993(1) or (2), or cancel one, at any time before a notice of final determination is issued under section 209.996.

  • SOR/2015-144, s. 8

Notice of Final Determination

Marginal note:Notice — issuance by officer

  •  (1) Subject to subsection (3), if an officer determines, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3) or (4) or 209.4(2), the officer must issue a notice of final determination to the employer.

  • Marginal note:Notice — issuance by Minister

    (2) Subject to subsection (3), if the Minister of Employment and Social Development determines, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3) or (4) or 209.4(2), that Minister must issue a notice of final determination to the employer.

  • Marginal note:Period

    (3) An officer or the Minister of Employment and Social Development must not make a determination before the expiry of the period set out in subsection 209.994(1) or the period extended under subsection 209.994(3) as the case may be.

  • Marginal note:Content of notice

    (4) The notice of final determination must include the following information:

    • (a) the name of the employer referred to in subsection (1) or (2), as the case may be;

    • (b) the condition with which the employer failed to comply as well as the provision listed in column 1 of Table 1 of Schedule 2, the relevant facts surrounding the violation and the reasons for the determination;

    • (c) if applicable, the administrative monetary penalty amount and the period of ineligibility for the violation as well as the statement indicating that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation;

    • (d) if applicable, a warning informing the employer that there is no administrative monetary penalty for the violation but that the violation will be considered in the calculation of the total number of points under subparagraph 209.991(1)(a)(i) for any subsequent violation;

    • (e) if applicable, a statement that the administrative monetary penalty amount must be paid within 30 days after the day on which the notice of final determination is received by the employer, unless a payment agreement for the payment of amount and interest has been reached within that period; and

    • (f) how the administrative monetary penalty is to be paid.

  • Marginal note:Maximum amount within 12 months

    (5) If the sum of the administrative monetary penalty amount described in paragraph (4)(c) and all previous administrative monetary penalty amounts provided for in notices of final determination issued to the employer in question within 12 months before the day on which the determination is made exceeds $1 million, then the amount of the penalty must be reduced by that excess.

  • Marginal note:Deemed receipt

    (6) Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of final determination is deemed to have been received 10 days after the day on which it is sent.

  • Marginal note:Reduced period

    (7) Despite subsection (6), if the notice of final determination is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice is deemed to have been received five days after the day on which it is sent.

  • SOR/2015-144, s. 8
  • SOR/2019-174, s. 11
  • SOR/2020-91, s. 10
 
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