Immigration and Refugee Protection Regulations
Version of the schedule from 2022-09-26 to 2023-11-23:
SCHEDULE 2(Section 209.95, subsections 209.96(2), (3) and (4), sections 209.97 and 209.98, subsections 209.99(1) and 209.991(1), section 209.993, subsections 209.996(1), (2) and (4) and paragraph 209.997(2)(c))Violations
SCHEDULE 2(Section 209.95, subsections 209.96(2), (3) and (4), sections 209.97 and 209.98, subsections 209.99(1) and 209.991(1), section 209.993, subsections 209.996(1), (2) and (4) and paragraph 209.997(2)(c))Violations
TABLE 1
Employer Conditions
| Column 1 | Column 2 | Column 3 | |
|---|---|---|---|
| Item | Provision | Short-form Description | Classification |
| 1 | 209.2(1)(b)(i) | Be able to demonstrate that any information provided in respect of a work permit application was accurate during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 2 | 209.2(1)(b)(ii) and 209.3(1)(c)(ii) | Retain any document that relates to compliance with cited conditions during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 3 | 209.3(1)(a)(iii)(C) | For employers of a live-in caregiver: have sufficient financial resources to pay wages that were offered | Type A |
| 4 | 209.3(1)(c)(i) | Be able to demonstrate that any information provided for the assessment was accurate during a period of six years, beginning on the first day of the foreign national’s employment | Type A |
| 5 | 209.4(1)(a) | Report at any time and place specified to answer questions and provide documents | Type C |
| 6 | 209.4(1)(b) | Provide required documents | Type C |
| 7 | 209.4(1)(c) | Attend any inspection, unless the employer was not notified, give all reasonable assistance to the person conducting the inspection and provide that person with any required document or information | Type C |
| 8 | 209.2(1)(a)(ii) and 209.3(1)(a)(ii) | 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 | Type B |
| 9 | 209.2(1)(a)(iii) and 209.3(1)(a)(iv) | Provide the foreign national with employment in the same occupation and substantially the same, but not less favourable, wages and working conditions as outlined in the foreign national’s offer of employment | Type B |
| 10 | 209.3(1)(a)(iii)(A) | For employers of a live-in caregiver: ensure that 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 | Type B |
| 11 | 209.3(1)(b)(i) | Ensure that the employment of the foreign national will result in direct job creation or retention for Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 12 | 209.3(1)(b)(ii) | 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 a factor that led to the issuance of the work permit | Type B |
| 13 | 209.3(1)(b)(iii) | Hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 14 | 209.3(1)(b)(iv) | Make reasonable efforts to hire or train Canadian citizens or permanent residents, if that was a factor that led to the issuance of the work permit | Type B |
| 15 | 209.2(1)(a)(i) and 209.3(1)(a)(i) | Be actively engaged in the business in which the offer of employment was made, unless the offer was made for employment as a live-in caregiver | Type C |
| 16 | 209.3(1)(a)(iii)(B) | For employers of a live-in caregiver: provide the foreign national with adequate furnished private accommodation in the household | Type C |
| 17 | 209.2(1)(a)(iv) and 209.3(1)(a)(v) | Make reasonable efforts to provide a workplace that is free of abuse | Type C |
| 18 | 209.2(1)(a)(v) and 209.3(1)(a)(vii) | Not do anything that prevents the foreign national from complying with an order or regulation made under the Emergencies Act or the Quarantine Act | Type C |
| 19 | 209.2(1)(a)(vi) and 209.3(1)(a)(viii) | Not do anything that prevents the foreign national from complying with a provincial law that governs public health in response to COVID-19 | Type C |
| 20 | 209.2(1)(a)(vii) and 209.3(1)(a)(xii) | Provide, during the period the foreign national must isolate or quarantine themselves on entry into Canada, wages to the foreign national that are substantially the same as those set out in the offer of employment | Type C |
| 21 | 209.3(1)(a)(ix) | 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 | Type C |
| 22 | 209.3(1)(a)(x) | Provide the foreign national with cleaning products for the purposes of cleaning and disinfecting the accommodations regularly | Type C |
| 23 | 209.3(1)(a)(xi) | Provide a foreign national who develops any signs or symptoms of COVID-19, with accommodations that have a bedroom and a bathroom that are solely for the use of the foreign national while they isolate themselves | Type C |
| 24 | 209.3(1)(a)(vi) | Provide adequate accommodations to a foreign national employed to perform work under an international agreement between Canada and one or more countries concerning seasonal agricultural workers | Type B |
| 25 | 209.2(1)(a.1) and 209.3(1)(a.1) | 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 | Type B |
| 26 | 209.2(1)(a)(ii.1) and 209.3(1)(a)(ii.1) | Make available to the foreign national the information referred to in paragraph 209.2(1)(a.1) or paragraph 209.3(1)(a.1), as the case may be, in both official languages of Canada | Type B |
| 27 | 209.2(1)(a)(ix) and 209.3(1)(a)(xv) | Not directly or indirectly charge or recover from the foreign national the fees indicated | Type C |
| 28 | 209.2(1)(a)(x) and 209.3(1)(a)(xvi) | 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 indicated | Type C |
| 29 | 209.3(1)(a)(xiii) | 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 from a Canadian insurance provider that covers emergency medical care for any period during which the foreign national is not covered by the applicable provincial health insurance system | Type C |
| 30 | 209.2(1)(a)(viii) and 209.3(1)(a)(xiv) | Make reasonable efforts to provide to the foreign national access to health care services when the foreign national is injured or becomes ill at the workplace | Type C |
TABLE 2
Administrative Monetary Penalty Amounts
| Column 1 | Column 2 | Column 3 | Column 4 | ||||
|---|---|---|---|---|---|---|---|
| Type A Violation | Type B Violation | Type C Violation | |||||
| Item | Total Number of Points | Individual or Small Business ($) | Large Business ($) | Individual or Small Business ($) | Large Business ($) | Individual or Small Business ($) | Large Business ($) |
| 1 | 0 or 1 | none | none | none | none | none | none |
| 2 | 2 | 500 | 750 | 750 | 1,000 | 1,000 | 2,000 |
| 3 | 3 | 750 | 1,000 | 1,250 | 2,000 | 5,000 | 10,000 |
| 4 | 4 | 1,000 | 2,000 | 3,000 | 7,000 | 10,000 | 20,000 |
| 5 | 5 | 4,000 | 6,000 | 7,000 | 12,000 | 15,000 | 30,000 |
| 6 | 6 | 8,000 | 10,000 | 12,000 | 20,000 | 20,000 | 40,000 |
| 7 | 7 | 12,000 | 20,000 | 20,000 | 30,000 | 35,000 | 50,000 |
| 8 | 8 | 20,000 | 30,000 | 35,000 | 45,000 | 45,000 | 60,000 |
| 9 | 9 or 10 | 30,000 | 45,000 | 50,000 | 60,000 | 60,000 | 70,000 |
| 10 | 11 or 12 | 40,000 | 60,000 | 60,000 | 70,000 | 70,000 | 80,000 |
| 11 | 13 or 14 | 50,000 | 70,000 | 70,000 | 80,000 | 80,000 | 90,000 |
| 12 | 15 or more | 100,000 | 100,000 | 100,000 | 100,000 | 100,000 | 100,000 |
TABLE 3
Period of Ineligibility
| Column 1 | Column 2 | Column 3 | Column 4 | |
|---|---|---|---|---|
| Item | Total Number of Points | Type A Violation | Type B Violation | Type C Violation |
| 1 | 0 to 5 | none | none | none |
| 2 | 6 | none | none | 1 year |
| 3 | 7 | none | 1 year | 2 years |
| 4 | 8 | 1 year | 2 years | 5 years |
| 5 | 9 or 10 | 2 years | 5 years | 10 years |
| 6 | 11 or 12 | 5 years | 10 years | 10 years |
| 7 | 13 or 14 | 10 years | 10 years | 10 years |
| 8 | 15 or more | permanent | permanent | permanent |
TABLE 4
Compliance History
| Column 1 | Column 2 | |
|---|---|---|
| Item | Criterion | Points |
| 1 | For Type A and Type B violations — first violation | 1 |
| 2 | For Type A violations — second or subsequent violation | 2 |
| 3 | For Type B violations — second violation | 2 |
| 4 | For Type C violations — first violation | 2 |
| 5 | For Type B violations — third or subsequent violation | 3 |
| 6 | For Type C violations — second violation | 3 |
| 7 | For Type C violations — third or subsequent violation | 4 |
TABLE 5
Severity of the Violation
| Column 1 | Column 2 | |
|---|---|---|
| Item | Criterion | Points |
| 1 | The employer derived competitive or economic benefit from the violation | 0 to 6 |
| 2 | The violation involved abuse of a foreign national (physical, psychological, sexual or financial) | 0 to 10 |
| 3 | The violation negatively affected the Canadian labour market or the Canadian economy | 0 to 6 |
| 4 | The employer did not make reasonable efforts to minimize or remediate the effects of the violation | 0 to 3 |
| 5 | The employer did not make reasonable efforts to prevent recurrence of the violation | 0 to 3 |
| 6 | The violation put the foreign national’s health or safety at risk in relation to a communicable disease as defined in section 2 of the Quarantine Act | 0 to 10 |
| 7 | The violation put the public’s health or safety at risk in relation a communicable disease as defined in section 2 of the Quarantine Act | 0 to 10 |
- SOR/2015-144, s. 9
- SOR/2017-56, s. 6
- SOR/2020-91, s. 12
- SOR/2020-91, s. 13
- SOR/2020-91, s. 14
- SOR/2022-142, s. 21
- Date modified: