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 |
