Immigration and Refugee Protection Regulations

Marginal note:Fee — $1,000

• 315.2 (1) A fee of $1,000 is payable for the provision of services in relation to an assessment from the Department of Employment and Social Development that is requested by an employer or group of employers under subsection 203(2) for each offer of employment in respect of which the request is made.

• Marginal note:Payment

  (2) The fee must be paid at the time the request is made.

• Marginal note:Exceptions — agricultural work

  (3) No fee is payable if the request is made in respect of an offer of employment that relates to

  • (a) work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or

  • (b) any other work in the primary agriculture sector.

• Marginal note:Primary agriculture sector

  (4) For the purposes of paragraph (3)(b), work in the primary agriculture sector means, subject to subsection (5), work that is performed within the boundaries of a farm, nursery or greenhouse and involves

  • (a) the operation of agricultural machinery;

  • (b) the boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining animal products for market, or activities relating to the collection, handling and assessment of those products; or

  • (c) the planting, care, harvesting or preparation of crops, trees, sod or other plants for market.

• Marginal note:Exclusions

  (5) Work in the primary agriculture sector does not include work involving

  • (a) the activities of agronomists or agricultural economists;

  • (b) landscape architecture;

  • (c) [Repealed, SOR/2014-169, s. 1]

  • (d) the preparation of vegetable fibres for textile use;

  • (e) activities related to commercial hunting and trapping; or

  • (f) veterinary activities.

• Marginal note:Exception — care for medical needs

  (6) No fee is payable if

  • (a) the request is made in respect of an offer of employment that relates to work performed in a private household providing care to a person who is incapable of caring for themselves without assistance due to a physical or mental condition and who has a medical certificate from a medical practitioner entitled to practice medicine under the laws of a province, attesting to their incapacity; and

  • (b) the employer is the person receiving care or is

    • (i) that person’s spouse or common-law partner,

    • (ii) that person’s relative,

    • (iii) the child or grandchild of that person’s spouse or common-law partner,

    • (iv) any person legally authorized to act on behalf of that person such as a guardian, a tutor, a curator or a person acting under a power of attorney or protective mandate, or

    • (v) any person living with that person.

• Marginal note:Exception — care for children

  (7) No fee is payable if the request is made in respect of an offer of employment that relates to work performed in a private household providing care to children under 13 years of age, by an employer who meets the following conditions:

  • (a) the employer lives with the child; and

  • (b) the total annual gross income of the employer and, if applicable, of their spouse or common-law partner, living in the same private household does not exceed $150,000 for the taxation year ending before the date of the request.