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Administrative Monetary Penalties (AMPs) & other Consequences for Non Compliant Employers Hiring Temporary Foreign Workers

by Colin R. Singer / Friday, 14 August 2015 / Published in Canada Immigration

VIOLATIONS
TABLE 1
EMPLOYER CONDITIONS

Item	Column 1 Provision	Column 2 Short-form Description	Column 3 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 A
6.	209.4(1)(b)	Provide required documents	Type A
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 A
8.	209.2(1)(a)(ii) and 209.3(1)(a)(ii)	Comply with the federal and provincial laws that regulate employment and the recruiting of employees 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 within the meaning of paragraph 72.1(7)(a) of these Regulations	Type C

TABLE 2
ADMINISTRATIVE MONETARY PENALTY AMOUNTS

Item	Column 1 Total Number of Points	Column 2 Type A Violation		Column 3 Type B Violation		Column 4 Type C Violation
Item	Column 1 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

Item	Column 1 Total Number of Points	Column 2 Type A Violation	Column 3 Type B Violation	Column 4 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

Items	Column 1 Criterion	Column 2 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

Item	Column 1 Criterion	Column 2 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

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