Employer-sanction grounds for work permit revocation updated

Policy effect

From May 7, 2016, replacement work permit revocation instructions included grounds where an employer was subject to a determination under subsection 203(5) of the Immigration and Refugee Protection Regulations within the preceding two years, was ineligible to employ foreign nationals under paragraph 209.95(1)(b), or was in default of an administrative monetary penalty, including a payment agreement. A transition preserved the former listed-employer ground for underlying facts occurring before December 1, 2015.

Conditions and exceptions

Validated condition or limit: From May 7, 2016, replacement work permit revocation instructions included grounds where an employer was subject to a determination under subsection 203(5) of the Immigration and Refugee Protection Regulations within the preceding two years, was ineligible to employ foreign nationals under paragraph 209.95(1)(b), or was in default of an administrative monetary penalty, including a payment agreement.; A transition preserved the former listed-employer ground for underlying facts occurring before December 1, 2015.

Official source excerpt

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

… inaccurate information in the context of the application for the work permit; (d) the work permit was issued to a foreign national on the basis of their relationship to another foreign national and the work permit of that other foreign national has since been or is currently being revoked; (e) the employer is subject to a determination made under subsection 203(5) of the Regulations, if two years have not elapsed since the day on which that determination was made; (f) the employer is ineligible under paragraph 209.95(1)(b) of the Regulations to employ a foreign national for whom a work permit is required; or (g) the employer is in default of any amount payable in respect of an administrative monetary penalty, including if the employer fails to comply with a payment agreement for the payment of that amount. Transitional Provision 3 Paragraph 2(d) of the Ministerial Instructions Respecting the Revocation of Work Permits, published in the Canada Gazette, Part I, on December 28, 2013, continues to apply after section 4 takes effect with respect to the revocation of any foreign national's work permit if the facts which formed the basis for adding the employer's name to the list referred to in subsection 209.91(3) of the Immigration and Refugee Protection Regulations, as they read immediately prior to December 1, 2015, occurred before that date. Repeal 4 The Ministerial Instructions Respecting the Revocation of Work Permits, published in the Canada Gazette, Part I, on December 28, 2013, are repealed. Taking Effect 5 These Instructions take effect on the day on which they are published in the Canada Gazette, Part I. [19-1-o] …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2016

• 2016-02-27Parents and grandparents sponsorship cap doubled for the 2016 intake year
• 2016-03-11Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-37)
• 2016-03-11Revised passenger reservation information privacy regime
• 2016-03-15Regulations Amending the Immigration and Refugee Protection Regulations
• 2016-04-01Canada restores equal basic, supplemental and prescription coverage under the Interim Federal Health Program
• 2016-11-19Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1
• 2016-11-19Regulations Amending the Immigration and Refugee Protection Regulations (Skilled Worker) (SOR/2016-298)
• 2016-12-01Temporary Resident Visa Exemption for Citizens of Mexico (SOR/2016-293)
• 2016-12-15Ministerial Instructions on Spousal and Dependent Child Sponsorship Application Intake Simplification
• 2016-12-16Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-316)