Immigration and Refugee Protection Regulations

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

• 209.3 (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) 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, and

    • (v) the employer must make reasonable efforts to provide a workplace that is free of abuse, within the meaning of paragraph 72.1(7)(a);

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

• 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.