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


Last Updated on août 14, 2015

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
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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