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

Marginal note:Conditions imposed on all employers

• 209.4 (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 paragraphs 209.7(1)(a) and (b); 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.

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

209.5 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 any of the conditions set out in section 209.2 or 209.3 in the past;

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

• (d) an officer or the Minister of Employment and Social Development is notified that there has been the introduction or spread of a communicable disease, as defined in section 2 of the Quarantine Act, at any premises or place in which a foreign national performs work; or

• (e) the employer employs a foreign national who is or was subject to an order or regulation made under the Emergencies Act or the Quarantine Act.

Marginal note:Answering questions and providing documents

• 209.6 (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.

Marginal note:Examination of documents

• 209.7 (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;

  • (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; and

  • (c) an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, require any individual or entity to provide them with any document in their possession that relates to the employer’s compliance with those conditions; and

  • (d) the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, require any individual or entity to provide them with any document in their possession that relates to the employer’s 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 paragraphs (1)(a) and (c) on the request of an officer.

Marginal note:Entry to verify compliance with section 209.2

• 209.8 (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.

Marginal note:Entry to verify compliance with section 209.3

• 209.9 (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.

Marginal note:Exemption from certain conditions

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

• (a) the government of a foreign state that makes an offer of employment to a foreign national in respect of the performance of duties as an official of that state;

• (b) the office of a political subdivision of a foreign state that enjoys privileges and immunities granted under subsection 6(1) of the Foreign Missions and International Organizations Act;

• (c) a foreign diplomatic mission or consular post referred to in Part I of the Foreign Missions and International Organizations Act or an international organization or accredited mission as defined in subsection 2(1) of that Act; and

• (d) the owner or operator of an international bridge or tunnel, as defined in section 2 of the International Bridges and Tunnels Act.

DIVISION 5Collection and Disclosure of Information

Marginal note:Collection of information

209.911 The Minister of Employment and Social Development may collect information related to an employer’s compliance with the conditions set out in section 209.2.

Marginal note:Disclosure of information

209.92 An officer may, for the purposes of determining whether a work permit is to be issued to a foreign national under subsection 200(1), of making a determination under paragraphs 203(1)(a) to (g), if applicable, or of verifying compliance with the conditions set out in sections 209.2 to 209.4, disclose to the Minister of Employment and Social Development and to the competent authorities of the provinces concerned information that relates to an application for a work permit or to an employer’s compliance with the conditions set out in sections 209.2 to 209.4.

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

Interpretation

Marginal note:Definitions

209.93 The following definitions apply in this Division.

large business

large business means any business that is not a small business. (grande entreprise)

small business

small business means any business, including its affiliates, that has fewer than 100 employees or less than $5 million in annual gross revenues at the time a request for an assessment under subsection 203(2) is received, or if no such request is made, at the time a copy of an offer of employment for a work permit application is provided to the Minister under paragraph 209.11(1)(d). (petite entreprise)

Purpose

Marginal note:Purpose of Division

209.94 The purpose of this Division is to encourage compliance with the provisions of the Act and these Regulations and not to punish.

Violations

Marginal note:Violations

• 209.95 (1) An employer referred to in subsection 209.2(1) or 209.3(1) who fails to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 — if the failure to do so is not justified under subsection 209.2(3), (3.1) or (4), 209.3(3), (4) or (5), or 209.4(2) — commits a violation and

  • (a) is liable to an administrative monetary penalty of an amount that is determined in accordance with section 209.98 or if it is determined under that section that there is no penalty, is issued 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; and

  • (b) if applicable, is ineligible to employ a foreign national for whom a work permit is required for the period determined in accordance with section 209.99.

• Marginal note:Discrepancy

  (2) In the event of a discrepancy between the short-form description in column 2 of Table 1 of Schedule 2 and the provision to which it pertains, the provision prevails.