Immigration and Refugee Protection Regulations
Last verified: June 2026 · Source: justice.gc.ca
209 A work permit becomes invalid when it expires or when it is cancelled under section 209.01, 209.02 or 243.2.
Justice Laws is the authoritative version. If this copy and it ever differ, Justice Laws wins.
Each of these is its own section of the Regulations, numbered after section 209.
What that means
An officer can cancel a work permit that was issued through an administrative error, meaning a mistake made in handling it. The officer has to be satisfied that the error happened. Nothing in the rule requires any fault on your part.
The law says
209.01 An officer may cancel a work permit that was issued to a foreign national if the officer is satisfied that the work permit was issued based on an administrative error.
What that means
A work permit is cancelled automatically if the holder becomes a permanent resident or dies. No officer has to decide.
The law says
209.02 A work permit that was issued to a foreign national is cancelled if
What that means
For the employer inspection rules, a document means almost anything. It is anything carrying information that a person can understand or a machine can read. Payroll spreadsheets, scheduling apps, text messages and swipe records all count. An inspector can demand any of them.
The law says
209.1 For the purposes of this Division, document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked.
What that means
For hires that skip the labour market test, the employer files first and the worker applies second. Before you apply for your work permit, your employer has to send the government some details through its online portal. These include the employer's contact details and CRA business number, proof the job fits an exemption, and a copy of the offer on the department's form. The last item is an attestation, a signed statement, about the employment agreement. That filing creates the record your permit gets checked against. A missing one stalls your application.
The law says
(1)An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the Minister using the electronic means that is made available or specified by the Minister for that purpose:
(2)[Repealed, SOR/2019-174, s. 9]
(3)[Repealed, SOR/2019-174, s. 9]
What that means
Employers who hire through the streams that skip a labour market test take on real duties for the whole time the permit runs. The employer has to stay actively in business and follow provincial employment and recruitment law. The worker must get the same job, wages and working conditions the offer promised, plus the government's information sheet on worker rights in both official languages. The employer also has to make reasonable efforts to keep the workplace free of abuse. Recruitment fees cannot be charged to the worker or clawed back. Some breaches can be excused when they came from a change in the law or a collective agreement. A dramatic change in business conditions can count too. So can an honest error the employer made good, a similar situation or superior force (r.209.2(3)). A fee breach is excused only where the employer tried to comply and then repaid the worker in full.
The law says
(1)An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must comply with the following conditions:
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
Justification
(3)A failure to comply with any of the conditions set out in subparagraphs (1)(a)(i) to (viii) and paragraph (1)(a.1) is justified if it results from
Justification
(3.1)A failure to comply with any of the conditions set out in subparagraphs (1)(a)(ix) and (x) is justified if the employer
Justification
(4)A failure to comply with either of the conditions set out in paragraph (1)(b) is justified if the employer made all reasonable efforts to comply with the condition.
What that means
Employers hiring through the streams that do need a labour market assessment face the same idea, with a longer list. Each one must stay actively in business and obey provincial employment and recruitment law. The job, wages and conditions set out in the assessment have to be delivered, and the worker gets the rights information sheet in both official languages. The employer must make reasonable efforts to keep the workplace free of abuse, and extra duties apply where the worker is a live-in caregiver. Recruitment and hiring fees cannot be passed to the worker. The same excuses apply, including honest errors the employer made good and superior force. A fee breach is forgiven only where the employer made every reasonable effort to comply and then repaid the money in full.
The law says
(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:
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
Justification
(3)A failure to comply with any of the conditions set out in subparagraphs (1)(a)(i) to (xiv) and paragraphs (1)(a.1) and (b) is justified if it results from a:
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.
Justification
(5)A failure to comply with any of the conditions set out in subparagraphs (1)(a)(xv) and (xvi) is justified if the employer
What that means
Whichever stream you hired through, cooperating with inspectors is itself a legal condition. You have to appear when told, to answer questions and bring documents, and hand over any documents demanded. You also have to attend an inspection, give reasonable help, and produce whatever the inspector asks for. A failure is excused in only two cases. Either you made all reasonable efforts, or the failure came from something done in good faith.
The law says
(1)An employer referred to in section 209.2 or 209.3 must
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.
What that means
This rule lists when inspectors can come after an employer. The three ordinary triggers are suspicion of non-compliance, a breach in the past, or simply being picked at random. Random alone is enough, so an employer with a clean record can still be inspected. Two more triggers cover health emergencies. One is word that a communicable disease has spread where the workers are. The other is employing someone covered by a quarantine or emergency order.
The law says
209.5 The powers set out in sections 209.6 to 209.9 may be exercised in the following circumstances:
What that means
When one of the listed grounds for suspicion exists, an employer can be summoned. An officer can order an employer in the exempt streams to appear at a set time and place, to answer questions and bring documents. ESDC, the federal employment department, can do the same for employers in the assessed streams. ESDC can also use the officer's power when an officer asks. There is no informal option. Answering the summons is a condition of employing foreign workers.
The law says
(1)If any of the circumstances set out in section 209.5 exists,
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.
What that means
The power to demand documents reaches wider than the employer. An officer can require any document relating to compliance from an employer in the exempt streams, and ESDC can do the same for the assessed streams. Either one can also demand documents from any other person or organization holding them, such as a payroll provider or a recruiter. An employer that does not produce documents demanded of it breaks a condition of its own (r.209.4(1)(b)). That rule does not reach documents demanded from others.
The law says
(1)If any of the circumstances set out in section 209.5 exists,
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.
What that means
If one of the grounds for suspicion is triggered, an officer can walk into any workplace where a foreign worker from the exempt streams works. Inside, they can question the employer and any employee. They can demand and copy documents, take photographs, and make video or audio recordings. They can also examine anything on site. They can cross private property to get there without liability. A home is different. Entering one takes a warrant from a justice of the peace, unless the occupant consents.
The law says
(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.
Powers on entry
(2)The officer may, for that purpose,
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.
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.
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).
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
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.
What that means
For employers in the assessed streams, ESDC holds the same inspection powers, plus one extra power that matters to workers. It can inspect the housing the employer provided, not only the workplace. In either place it can question the employer and employees, and demand and copy documents. It can also photograph, record and examine anything present. Entering a home without the occupant's consent still requires a warrant.
The law says
(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.
Powers on entry
(2)The Minister of Employment and Social Development may, for that purpose,
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.
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.
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).
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
What that means
Four kinds of employer are exempt from two employer rules, r.209.11 and r.209.2. The first is a foreign government hiring its own officials, and the second is an office of a foreign political subdivision that holds immunity. The third covers diplomatic missions and accredited international organizations. The fourth is the owner or operator of an international bridge or tunnel. The exemption covers only those two rules.
The law says
209.91 The following employers are exempt from the application of sections 209.11 and 209.2:
What that means
The employment department is allowed to collect information about whether an employer is keeping to its conditions. The rule covers only the conditions in r.209.2, the ones for employers hiring without a labour market assessment.
The law says
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.
What that means
Officers can share what they hold about a work permit application, or about an employer's compliance, with the employment department and the provinces concerned. It is how a bad record in one program follows an employer into the next one.
The law says
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.
What that means
This rule draws the line between a small and a large business for penalty purposes. The difference matters. A large business pays considerably more for the same violation. Small means fewer than 100 employees or under $5 million in annual gross revenue, with affiliates counted together with the business. The count is taken when the assessment request came in, or when the offer of employment was filed.
The law says
209.93 The following definitions apply in this Division. large business means any business that is not a small business. (grande entreprise) 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)
What that means
The penalty scheme exists to encourage compliance, not to punish. The rule says so outright. Employers argue this line, because it is the standard for challenging a penalty that looks purely punitive.
The law says
209.94 The purpose of this Division is to encourage compliance with the provisions of the Act and these Regulations and not to punish.
What that means
Breaking one of the listed employer conditions without a justification is a violation. The result is a money penalty worked out under a point system, or a warning where the points add up to no penalty. A warning is not free. It counts toward the points on any later violation. Depending on the score, the employer can also be barred from hiring foreign workers who need a permit.
The law says
(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
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.
What that means
Penalties multiply quickly. One practice affecting five workers is five violations, not one. Falling short on the job title, the wages and the working conditions counts as three separate violations. Each form of abuse in the abuse definition also counts on its own.
The law says
(1)A failure to comply — that is not justified under subsection 209.2(3), (4) or (5), 209.3(3), (4) or (5) or 209.4(2) — with a condition that affects more than one foreign national constitutes a separate violation for each foreign national affected.
Separate violation — occupation, wages or working conditions
(2)A failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with any one of the following elements of the condition set out in item 9 of Table 1 of Schedule 2, constitutes a separate violation:
Separate violation — live-in caregivers
(3)With respect to employers who employ foreign nationals as live-in caregivers, a failure to comply — that is not justified under subsection 209.3(3) — with either one of the following elements of the condition set out in item 10 of Table 1 of Schedule 2, constitutes a separate violation:
Separate violation — abuse
(4)A failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with the condition set out in item 17 of Table 1 of Schedule 2 with respect to any one of the elements set out in paragraphs 196.2(1)(a) to (e) constitutes a separate violation.
What that means
An unjustified failure to meet an employer condition listed in Schedule 2 is a Type A, Type B or Type C violation. Schedule 2 sets which type applies. If the failure was justified, which the conditions themselves allow for, nothing is classified at all. The type, with a points score, sets the penalty amount and any period of ineligibility (r.209.98 and r.209.99).
The law says
209.97 A failure to comply — that is not justified under subsection 209.2(3), (4) or (5), 209.3(3), (4) or (5) or 209.4(2) — with a condition that is set out in one of the provisions listed in column 1 of Table 1 of Schedule 2 is classified as a violation of Type A, Type B or Type C as set out in column 3 of that Table.
What that means
No one picks the penalty. It is looked up. Points are totalled under 209.991, and then a table in Schedule 2 gives the dollar figure. The figure depends on the type of violation, and on whether the employer is an individual or small business, or a large business. The worst combinations reach six figures.
The law says
209.98 The administrative monetary penalty for a violation is the amount set out in column 2, 3 or 4 of Table 2 of Schedule 2 opposite the total number of points determined under section 209.991 as set out in column 1, depending on the type of violation and whether it is committed by an individual or small business, or a large business.
What that means
How long you are locked out of hiring foreign workers depends on your point total and the type of violation, read off a table in Schedule 2. Higher points mean a longer lockout. The ban starts the day the final determination is issued, not the day of the violation or the day you first heard about it.
The law says
(1)The period of ineligibility for a violation is the period set out in column 2, 3 or 4 of Table 3 of Schedule 2 opposite the total number of points determined under section 209.991 as set out in column 1 depending on the type of violation.
Beginning of period
(2)The period referred to in subsection (1) begins on the day on which the determination referred to in subsection 209.996(1) or (2) is made in respect of the employer.
What that means
Your points add two scores together, one for your compliance history and one for how severe this violation was. Each is scored off a table in Schedule 2. One thing brings the number down. An acceptable voluntary disclosure takes four points off, meaning a complete disclosure made before any inspection or enforcement started against you. Even then, an officer can decide the disclosure was not acceptable after weighing how badly the worker was affected.
The law says
(1)The total number of points in respect of each violation is determined by
Voluntary disclosure — criteria of acceptability
(2)The voluntary disclosure made by an employer with respect to the commission of a violation by the employer is acceptable if
Voluntary disclosure — considerations
(3)Despite subsection (2), an officer or the Minister of Employment and Social Development may consider that the voluntary disclosure is not acceptable after considering
What that means
When one notice lists several violations, the fines add up, but the total is capped at $1 million. Lockout periods, called ineligibility periods, work differently. Where several apply, only the longest one runs. A bad inspection can therefore be very expensive and still leave you with a single lockout period.
The law says
(1)If a notice of preliminary finding under section 209.993 or a notice of final determination under section 209.996 that is issued to an employer lists more than one violation, the administrative monetary penalty amounts are cumulative but the total must not exceed $1 million.
Applicable period of ineligibility
(2)If a notice of preliminary finding or a notice of final determination that is issued to an employer includes more than one period of ineligibility, the longest period of ineligibility applies.
What that means
Before any penalty is final, you receive a preliminary finding in writing. It has to name you and identify the exact condition you are said to have broken. It sets out the relevant facts and states the proposed penalty amount and lockout period. An officer issues it for the exempt streams, and ESDC for the assessed streams, based on what an inspection turned up. Nothing is decided at this stage. This notice opens your chance to respond.
The law says
(1)If an officer assesses, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3), (4) or (5) or 209.4(2), the officer must issue a notice of preliminary finding to the employer.
Notice — issuance by Minister
(2)If the Minister of Employment and Social Development assesses, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3), (4) or (5) or 209.4(2), that Minister must issue a notice of preliminary finding to the employer.
Content of notice
(3)The notice of preliminary finding must include the following information:
What that means
You have 30 days from receiving the preliminary finding to answer in writing or ask for more time. The notice counts as received 10 days after it is sent. Both clocks shrink sharply for a small group of worker-protection conditions, listed at items 18 to 23. For those, you get five days to respond, and the notice counts as received after five days. An officer or ESDC can extend the period where there is a reasonable explanation.
The law says
(1)An employer to whom a notice of preliminary finding under section 209.993 or a corrected notice of preliminary finding under section 209.995 is issued may, within 30 days after the day on which it is received,
Reduced period
(1.1)Despite subsection (1), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the employer may make a written submission or request referred to in paragraph (1)(a) or (b) within five days after the day on which the notice or corrected notice is received.
Deemed receipt
(2)Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of preliminary finding or a corrected or cancelled notice of preliminary finding is deemed to have been received 10 days after the day on which it is sent.
Reduced period
(2.1)Despite subsection (2), if the notice of preliminary finding or the corrected notice of preliminary finding is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice or corrected notice is deemed to have been received five days after the day on which it is sent.
Submissions by employer — extension of period
(3)An officer or the Minister of Employment and Social Development may extend the period referred to in subsection (1) if there is a reasonable explanation justifying its extension.
What that means
An officer or the employment department can correct an error in a preliminary finding, or cancel the finding outright. Either step must happen before a final determination is issued, and this is the window in which a mistaken penalty can quietly go away.
The law says
209.995 An officer or the Minister of Employment and Social Development may correct any information in a notice of preliminary finding that is issued under subsection 209.993(1) or (2), or cancel one, at any time before a notice of final determination is issued under section 209.996.
What that means
The final determination comes only after your response window closes. It names you and the condition you broke. It sets out the facts, the penalty and the lockout period. Where there is no penalty, it records a warning instead. The cap also looks back in time. If your penalties over the previous 12 months plus this one would top $1 million, the new amount is trimmed so the total stops there.
The law says
(1)Subject to subsection (3), if an officer determines, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3), (4) or (5) or 209.4(2), the officer must issue a notice of final determination to the employer.
Notice — issuance by Minister
(2)Subject to subsection (3), if the Minister of Employment and Social Development determines, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3), (4) or (5) or 209.4(2), that Minister must issue a notice of final determination to the employer.
Period
(3)An officer or the Minister of Employment and Social Development must not make a determination before the expiry of the period set out in subsection 209.994(1) or the period extended under subsection 209.994(3) as the case may be.
Content of notice
(4)The notice of final determination must include the following information:
Maximum amount within 12 months
(5)If the sum of the administrative monetary penalty amount described in paragraph (4)(c) and all previous administrative monetary penalty amounts provided for in notices of final determination issued to the employer in question within 12 months before the day on which the determination is made exceeds $1 million, then the amount of the penalty must be reduced by that excess.
Deemed receipt
(6)Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of final determination is deemed to have been received 10 days after the day on which it is sent.
Reduced period
(7)Despite subsection (6), if the notice of final determination is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice is deemed to have been received five days after the day on which it is sent.
What that means
A final determination puts your business on a public list on a Government of Canada website. The list shows your name and address, exactly which conditions you failed, the date of the determination and your eligibility status. Where it applies, it also shows the fine and the length of your ban. There is one exception. If the decision was a warning rather than a penalty, nothing is published.
The law says
(1)If an officer or the Minister of Employment and Social Development makes a determination under subsection 209.996(1) or (2) in respect of an employer, the Department or that Minister, as the case may be, must add the information referred to in subsection (2) to the list referred to in that subsection, except if the officer or that Minister issues a warning to the employer in accordance with paragraph 209.996(4)(d).
Content of list
(2)A list is posted on one or more Government of Canada websites and includes the following information: