Immigration and Refugee Protection Regulations

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

• 209.2 (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) 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) subject to subparagraph (vii), 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,

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

    • (v) the employer, in the case of an employer who employs a foreign national who is subject to an order or regulation made under the Emergencies Act or the Quarantine Act, must not do anything that prevents the foreign national from complying with the requirements of the order or regulation, including requiring the foreign national to do anything that is contrary to those requirements,

    • (vi) the employer, in the case of an employer who employs a foreign national who is subject to a provincial law that governs public health in response to COVID-19, must not do anything that prevents the foreign national from complying with the requirements of the law, including requiring the foreign national to do anything that is contrary to the law, and

    • (vii) the employer, in the case of an employer who employs a foreign national who, in accordance with an order made under section 58 of the Quarantine Act, is required to isolate or quarantine themselves for a period on entry into Canada, must provide the foreign national with wages during that period that are substantially the same as those set out in the offer of employment; and

  • (b) 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 subparagraph 200(1)(c)(ii.1) or section 209.11 was accurate, and

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

• 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

  • (a) the foreign national may, under paragraph 186(u), work in Canada without a permit after the expiry of their work permit; and

  • (b) the foreign national is required to isolate or quarantine themselves on entry into Canada in accordance with an order made under the Quarantine Act.

• Marginal note:Justification

  (3) A failure to comply with any of the conditions set out in paragraph (1)(a) 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)(b) is justified if the employer made all reasonable efforts to comply with the condition.