Regulations Amending the Immigration and Refugee Protection Regulations (Administrative Monetary Penalties and Ineligibility System for Employers)

Policy effect

Establishes administrative monetary penalties and periods of hiring ineligibility for employers who violate temporary foreign worker compliance conditions. Phase scope: National / all employers of temporary foreign workers and non-compliant sponsor employers under IRPR

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… the employer of that determination and that the information referred to in subsection 209.997(2) will be added to the list referred to in that subsection. Publication of employer’s information (6) If an officer makes a determination under subsection (5), the Department must add the information referred to in subsection 209.997(2) to the list referred to in that subsection. 7. Section 209.91 of the Regulations is repealed. 8. The Regulations are amended by adding the following after section 209.92: DIVISION 6 ADMINISTRATIVE MONETARY PENALTIES AND OTHER CONSEQUENCES FOR FAILURE TO COMPLY WITH CONDITIONS … to the Minister under paragraph 209.11(1)(d). Purpose 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 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) or (4), 209.3(3) or (4) 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. Discrepancy (2) In the event of a discrepancy … where employers have benefitted financially from non-compliance. Description: To enhance the existing compliance framework and to be able to respond proportionately to non-compliance with TFWP/IMP conditions, Employment and Social Development Canada (ESDC) and Citizenship and Immigration Canada (CIC) developed regulatory amendments to implement a system of administrative monetary penalties (AMPs). In addition, these amendments add warning statements as a possible consequence for violations and replace the existing mandatory two-year ban with periods of ineligibility to employ foreign nationals for whom a work permit is required (“bans”) of 1, 2, 5, and 10 years, as well as a permanent ban for the most serious violations. The amendments also encourage employers to voluntarily disclose non-compliance and receive reduced consequences if the voluntary disclosure is acceptable. In accordance with the principles of natural justice, under the amendments, employers will be provided the opportunity to make written submissions regarding preliminary findings of non-compliance, as well as the potential consequences, before a final determination is made. Cost-benefit statement: The total costs of …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2015

• 2015-01-01Ministerial Instructions Respecting the Express Entry System
• 2015-01-28Immigrant Investor Venture Capital economic immigration class established
• 2015-02-21Employer compliance fee and direct job-offer submission introduced for LMIA-exempt employer-specific work permits
• 2015-02-21Separate open work permit privilege fee introduced
• 2015-05-25Investor-pilot intake switched from random selection to first complete applications
• 2015-06-10Prohibition of Non-Physically Present (Proxy, Telephone, Internet) Marriages and Raising Minimum Spousal Age
• 2015-06-10Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2015-138)
• 2015-06-11Order Fixing June 11, 2015 as the Day on which Certain Provisions of the Act Come into Force
• 2015-06-11Social insurance number collection and sharing authorised for citizenship eligibility verification
• 2015-08-01Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2015-77)
• 2015-12-19Ebola-related visa-processing ministerial instructions repealed