Invalidity

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.

209.02 A work permit that was issued to a foreign national is cancelled if (a)the foreign national becomes a permanent resident; or (b)the foreign national is deceased.

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.

209.11 (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: (a)their name, address and telephone number and their fax number and electronic mail address, if any; (b)the business number assigned to the employer by the Minister of National Revenue, if applicable; (c)information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national described in section 207; (d)a copy of the offer of employment made in the form made available by the Department; and (e)an attestation that(i)the employer has entered into an employment agreement with the foreign national that(A)provides for employment in the same occupation and the same wages and working conditions as those set out in the offer of employment,(B)is drafted in the foreign national’s chosen official language of Canada, and(C)is signed by both the employer and the foreign national,(ii)the employer has provided a copy of the employment agreement referred to in subparagraph (i) to the foreign national,(iii)the employer has not, directly or indirectly, charged or recovered from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1), and(iv)the employer has ensured that any person who recruited the foreign national for the employer did not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1). (2) [Repealed, SOR/2019-174, s. 9] (3) [Repealed, SOR/2019-174, s. 9]

209.2 (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: (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 or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which the foreign national works,(ii.1)the employer must make available to the foreign national, in both official languages of Canada, the information referred to in paragraph (a.1),(iii)subject to subparagraph (vii), 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,(iv)the employer must make reasonable efforts to provide a workplace that is free of abuse;(v)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,(vi)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,(vii)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; and(viii)the employer must make reasonable efforts to provide access to health care services when the foreign national is injured or becomes ill at the workplace,(ix)the employer must not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1), and(x)the employer must ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fee referred to in subsection 303.1(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1); and (a.1)on or before the foreign national’s first day of work that is during the period of employment for which the work permit is issued to the foreign national, the employer must provide the foreign national with a copy in their chosen official language of Canada of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purpose; and (b)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 subparagraph 200(1)(c)(ii.1) or section 209.11 was accurate, and(ii)retain any document that relates to compliance with the conditions set out in paragraph (a). (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. (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 (a)a change in federal or provincial law; (b)a change to the provisions of a collective agreement; (c)the implementation of measures by the employer in response to a dramatic change in economic conditions that directly affected the business of the employer, provided that the measures were not directed disproportionately at foreign nationals employed by the employer; (d)an error in interpretation made in good faith by the employer with respect to its obligations to a foreign national, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error; (e)an accounting or administrative error made by the employer, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error; (f)circumstances similar to those set out in paragraphs (a) to (e); (g)superior force; or (h)an error in interpretation made in good faith by the employer with respect to its compliance with the conditions set out in any of subparagraphs (1)(a)(v) and (vi). (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 a)made all reasonable efforts to comply with the conditions; and b)subsequently provided full compensation to the foreign national for the fees incorrectly charged or recovered. (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.

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 or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which the foreign national works,(ii.1)the employer must make available to the foreign national, in both official languages of Canada, the information referred to in paragraph (a.1),(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,(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,(xiii)the employer, except 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 and the agreement includes health insurance, must obtain and pay for private health insurance that covers emergency medical care, for any period during which the foreign national is not covered by the applicable provincial health insurance system,(xiv)the employer must make reasonable efforts to provide access to health care services when the foreign national is injured or becomes ill at the workplace,(xv)the employer must not, directly or indirectly, charge or recover from the foreign national the fees referred to in subparagraph (xiii) or subsection 315.2(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1) and fees related to the recruitment of the foreign national that are authorized to be charged or recovered under an international agreement between Canada and one or more countries concerning seasonal agricultural workers, and(xvi)the employer must ensure that any person who recruited the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees referred to in subparagraph (xiii), subsection 315.2(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1) and fees related to the recruitment of the foreign national that are authorized to be charged or recovered under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; (a.1)on or before the foreign national’s first day of work that is during the period of employment for which the work permit is issued to the foreign national, the employer must provide the foreign national with a copy in their chosen official language of Canada of the most recent information with respect to the foreign national’s rights in Canada that is made available by the Government of Canada for that purpose; and (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). (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. (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: (a)a change in federal or provincial law; (b)a change to the provisions of a collective agreement; (c)the implementation of measures by the employer in response to a dramatic change in economic conditions that directly affected the business of the employer, provided that the measures were not directed disproportionately at foreign nationals employed by the employer; (d)an error in interpretation made in good faith by the employer with respect to its obligations to a foreign national, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error; (e)an accounting or administrative error made by the employer, if the employer subsequently provided compensation — or if it was not possible to provide compensation, made sufficient efforts to do so — to all foreign nationals who suffered a disadvantage as a result of the error; (f)circumstances similar to those set out in paragraphs (a) to (e); (g)superior force; or (h)an error in interpretation made in good faith by the employer with respect to its compliance with the conditions set out in any of subparagraphs (1)(a)(vii) to (xi). (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. (5) A failure to comply with any of the conditions set out in subparagraphs (1)(a)(xv) and (xvi) is justified if the employer (a)made all reasonable efforts to comply with the condition; and (b)subsequently provided full compensation to the foreign national for the fees that were incorrectly charged or recovered.

209.4 (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 paragraphs 209.7(1)(a) and (b); 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. (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.

209.5 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 any of 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 or 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.

209.6 (1) If any of the circumstances set out in section 209.5 exists, (a)an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, require an employer to report at any specified time and place to answer questions and provide documents that relate to compliance with those conditions; and (b)the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, require an employer to report at any specified time and place to answer questions and provide documents that relate to compliance with those conditions. (2) The Minister of Employment and Social Development may exercise the powers set out in paragraph (1)(a) on the request of an officer.

209.7 (1) If any of the circumstances set out in section 209.5 exists, (a)an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, require an employer to provide them with any document that relates to compliance with those conditions; (b)the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, require an employer to provide him or her with any document that relates to compliance with those conditions; and (c)an officer may, for the purpose of verifying compliance with the conditions set out in section 209.2, require any individual or entity to provide them with any document in their possession that relates to the employer’s compliance with those conditions; and (d)the Minister of Employment and Social Development may, for the purpose of verifying compliance with the conditions set out in section 209.3, require any individual or entity to provide them with any document in their possession that relates to the employer’s compliance with those conditions. (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.

209.8 (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. (2) The officer may, for that purpose, (a)ask the employer and any person employed by the employer any relevant questions; (b)require from the employer, for examination, any documents found in the premises or place; (c)use copying equipment in the premises or place, or require the employer to make copies of documents, and remove the copies for examination or, if it is not possible to make copies in the premises or place, remove the documents to make copies; (d)take photographs and make video or audio recordings; (e)examine anything in the premises or place; (f)require the employer to use any computer or other electronic device in the premises or place to allow the officer to examine any relevant document contained in or available to it; and (g)be accompanied or assisted in the premises or place by any person required by the officer. (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. (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. (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). (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 (a)there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1); (b)entry into the dwelling-house is necessary to verify compliance with the conditions set out in section 209.2; and (c)entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. (7) The Minister of Employment and Social Development may exercise the powers set out in this section on the request of an officer.

209.9 (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. (2) The Minister of Employment and Social Development may, for that purpose, (a)ask the employer and any person employed by the employer any relevant questions; (b)require from the employer, for examination, any documents found in the premises or place; (c)use copying equipment in the premises or place, or require the employer to make copies of documents, and remove the copies for examination or, if it is not possible to make copies in the premises or place, remove the documents to make copies; (d)take photographs and make video or audio recordings; (e)examine anything in the premises or place; (f)require the employer to use any computer or other electronic device in the premises or place to allow that Minister to examine any relevant document contained in or available to it; and (g)be accompanied or assisted in the premises or place by any person required by that Minister. (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. (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. (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). (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 (a)there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1); (b)entry into the dwelling-house is necessary to verify compliance with the conditions set out in section 209.3; and (c)entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

209.91 The following employers are exempt from the application of sections 209.11 and 209.2: (a)the government of a foreign state that makes an offer of employment to a foreign national in respect of the performance of duties as an official of that state; (b)the office of a political subdivision of a foreign state that enjoys privileges and immunities granted under subsection 6(1) of the Foreign Missions and International Organizations Act; (c)a foreign diplomatic mission or consular post referred to in Part I of the Foreign Missions and International Organizations Act or an international organization or accredited mission as defined in subsection 2(1) of that Act; and (d)the owner or operator of an international bridge or tunnel, as defined in section 2 of the International Bridges and Tunnels Act.

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.

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.

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)

209.94 The purpose of this Division is to encourage compliance with the provisions of the Act and these Regulations and not to punish.

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), (3.1) or (4), 209.3(3), (4) or (5), 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. (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.

209.96 (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. (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: (a)to provide the foreign national with employment in the same occupation as the occupation that is set out in the foreign national’s offer of employment; (b)to provide the foreign national with wages that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment; and (c)to provide the foreign national with working conditions that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment. (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: (a)to ensure that the foreign national resides in a private household in Canada, (b)to ensure that the foreign national provides child care, senior home support care or care of a disabled person in that household without supervision. (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.

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.

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.

209.99 (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. (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.

209.991 (1) The total number of points in respect of each violation is determined by (a)considering(i)the compliance history of the employer who committed the violation set out in column 1 of Table 4 of Schedule 2, and(ii)the severity criteria set out in column 1 of Table 5 of Schedule 2; (b)ascribing(i)for the criterion described in subparagraph (a)(i), the applicable number of points set out in column 2 of Table 4 of Schedule 2,(ii)for the criteria described in subparagraph (a)(ii), the applicable number of points set out in column 2 of Table 5 of Schedule 2 having regard to the severity or the impact of the violation, as the case may be, (c)adding the values obtained under paragraph (b); and (d)if the employer made an acceptable voluntary disclosure in accordance with subsections (2) and (3) and the value obtained under paragraph (c)(i)is four or more, subtracting four points from the value obtained under that paragraph , or(ii)is less than four, replacing that value with a value of zero. (2) The voluntary disclosure made by an employer with respect to the commission of a violation by the employer is acceptable if (a)the disclosure is complete; and (b)at the time the voluntary disclosure is made, the powers set out in sections 209.6 to 209.9 are not being exercised in respect of the employer nor is any enforcement action related to an offence arising out of the contravention of a provision of the Act being undertaken in respect of the employer. (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 (a)the severity of the impact of the violation on the foreign national; (b)in the case of an employer described in subsection 209.2(1), the severity of the impact of the violation on the Canadian economy, or in the case of an employer described in subsection 209.3(1), the severity of the impact of the violation on the Canadian labour market; (c)whether the disclosure was made in a timely manner; (d)the number of times an acceptable voluntary disclosure is made by the employer; and (e)the nature of the condition with which the employer failed to comply.

209.992 (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. (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.

209.993 (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. (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. (3) The notice of preliminary finding must include the following information: (a)the name of the employer referred to in subsection (1) or (2), as the case may be; (b)the condition with which the employer failed to comply as well as the provision listed in column 1 of Table 1 of Schedule 2, the relevant facts surrounding the violation and the reasons for the preliminary finding; (c)if applicable, the administrative monetary penalty amount and the period of ineligibility for the violation as well as the statement 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; (d)if applicable, the statement that a warning may be issued to the employer informing them 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 (e)the statement that the employer may make written submissions within the period set out in section 209.994 with respect to the information referred to in paragraphs (b) to (d).

209.994 (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, (a)make written submissions with respect to the information referred to in paragraphs 209.993(3)(b) to (d); or (b)request an extension of that 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. (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. (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. (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.

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.

209.996 (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. (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. (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. (4) The notice of final determination must include the following information: (a)the name of the employer referred to in subsection (1) or (2), as the case may be; (b)the condition with which the employer failed to comply as well as the provision listed in column 1 of Table 1 of Schedule 2, the relevant facts surrounding the violation and the reasons for the determination; (c)if applicable, the administrative monetary penalty amount and the period of ineligibility for the violation as well as the statement indicating 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; (d)if applicable, 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; (e)if applicable, a statement that the administrative monetary penalty amount must be paid within 30 days after the day on which the notice of final determination is received by the employer, unless a payment agreement for the payment of amount and interest has been reached within that period; and (f)how the administrative monetary penalty is to be paid. (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. (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. (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.

209.997 (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). (2) A list is posted on one or more Government of Canada websites and includes the following information: (a)the employer’s name; (b)the employer’s address; (c)the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 with which the employer failed to comply; (d)the day on which the determination was made; (e)the eligibility status of the employer; (f)if applicable,(i)the administrative monetary penalty amount, and(ii)the ineligibility period of the employer.