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

Regulations are current to 2020-07-15 and last amended on 2020-04-30. Previous Versions

PART 11Workers (continued)

DIVISION 4Conditions Imposed on Employers (continued)

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

  •  (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(iii) 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) the employer, in the case of an employer who employs a foreign national as a live-in caregiver, must

        • (A) ensure that the foreign national resides in a private household in Canada and provides child care, senior home support care or care of a disabled person in that household without supervision,

        • (B) provide the foreign national with adequate furnished and private accommodations in the household, and

        • (C) have sufficient financial resources to pay the foreign national the wages that were offered to the foreign national,

      • (iv) subject to subparagraph (xii), 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,

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

      • (vi) the employer, in the case of an employer who employs a foreign national to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers, must provide the foreign national with adequate accommodations,

      • (vii) 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,

      • (viii) 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,

      • (ix) the employer, in the case of an employer who provides accommodations to a foreign national, must — during any period that the foreign national is required to quarantine themselves in accordance with an order or regulation made under the Emergencies Act or the Quarantine Act — provide the foreign national with accommodations that are separate from those provided to persons who are not in quarantine and that permit the foreign worker to remain at least two metres away from any other person,

      • (x) the employer, in the case of an employer who provides accommodations to a foreign national who is subject to an order or regulation made under the Emergencies Act or the Quarantine Act, must provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularly,

      • (xi) the employer, in the case of an employer who provides accommodations to a foreign national who becomes infected with or develops any signs or symptoms of COVID-19, must provide the foreign national with accommodations that have a bedroom and a bathroom that are solely for the use of the foreign national while they isolate themselves, and

      • (xii) 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;

    • (b) during the period of employment for which the work permit is issued to the foreign national or any other period that was agreed on by the employer and the Department of Employment and Social Development at the time the assessment referred to in subsection 203(2) was provided,

      • (i) the employer must ensure that the employment of the foreign national will result in direct job creation or job retention for Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit,

      • (ii) the employer must ensure that the employment of the foreign national will result in the development or transfer of skills and knowledge for the benefit of Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit,

      • (iii) the employer must hire or train Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit, and

      • (iv) the employer must make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was one of the factors that led to the issuance of the work permit; and

    • (c) 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 subsections 203(1) and (2.1) was accurate, and

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

  • 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 paragraphs (1)(a) and (b) 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)(c) is justified if the employer made all reasonable efforts to comply with the condition.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 1
  • SOR/2015-147, s. 1
  • SOR/2017-56, s. 4
  • SOR/2020-91, s. 7

Marginal note:Conditions imposed on all employers

  •  (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 section 209.7; 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.

  • SOR/2013-245, s. 7

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

 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 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 and 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.

  • SOR/2013-245, s. 7
  • SOR/2014-84, s. 2
  • SOR/2020-91, s. 8
 
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