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Canada Immigration- New Set of Laws & Penalties for Canadian Employers will Take Effect from 1st December, 2015

Posted - 25, Nov 2015

The new set of rules for the Canadian Employers announced in the month of July, 2015, regarding adhering to the guidelines of the TFWP (Temporary Foreign Workers Program) and IMP (International Mobility Program) programs will be implemented from 1st December, 2015. The rules will be observed and executed by both CIC and ESDC (Employment and Social Development Canada). As of now, the penalties on the employers are limited to 2 year ban from the program in case of non-compliance, however, after the new rules, the penalties could be more strict based on the severity of the non-adherence to set norms for any of the programs.

What are the new changes in the rules for Canadian Employers?

As per the new norms, the Canadian Employers failing to adhere to the pre-defined instructions and guidelines of the programs could be barred from use of program for one year up to ten years or even permanently, based on the gravity of the violation. However, such penalties will be applicable to the violations occurred w.e.f. 1st December, 2015 only.

The Guidelines for the Employers

  • Paying the income or remuneration that is largely the same, however, not less encouraging, than mentioned in the job offer;
  • Responsible for providing a workplace to the prospecting employee, which is free of abuse or exploitation;
  • Adhering to all the territorial, federal, or provincial recruitment norms.
  • Providing genuine information in LMIA (i.e. Labour Market Impact Assessment) application.
  • Maintaining records or documents for minimum six years;
  • Remaining engaged in the field of employment in which the job offer was issued (Except for Caregiver stream)
  • Offering largely the same working conditions, however, not less same, but not less encouraging, than the ones mentioned in a job offer;
  • The employee must be provided the same occupation as mentioned in the job offer;
Employer Assessment methods
  • Regular Monitoring or Inspection
  • Employer Compliance Reviews (ECR);
  • Analysis or assessment as per Ministerial Instruction (RuMI)
Penalties as per new Rules w.e.f. December 1, 2015
  • The Penalty to be imposed from $500 to $100,000 for every violation, up to a maximum of $1 million over one year, per employer;
  • Warnings;
  • Publication of the name of the employer on a public list with details of the violation(s) and sanction(s).
  • Can be barred from accessing the programs for one, two, five, or ten years or permanently as per the gravity of the violation
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