Severe penalties for the employers from Canada will come into effect from 1st December if any one violates the rule of Program for Temporary Foreign Worker (TFWP) and Program for Foreign Mobility (IMP). The fresh rules which were earlier announced in the month of July, it will be mutual implemented and administered by the Immigration and Citizenship Canada (CIC) and Social and Employment Development Canada (ESDC) departments.
Presently the consequences for the employer disobedience of a kind are the ban for two years from usage of this program. There are variations of punishments that depends on the severity of the violation.
Under the latest new rules, the employers who does not obey with the rules of program can receive the penalty of 1-10 years of ban from using the program for each violation. The length of the ban would based on type of breach, the history of employer’s violations occurred from 1st December 2015 and the severity of breach. In many serious cases, the employers can be punished with the permanent ban. The regular inspections of the employer compliance would be carried out.
The requirement and the conditions of the employers include, providing correct information in the context of Assessment for Labour Market Impact (LMIA) application,
retaining the documents and the records for minimum of six years, payment of wages that are considerably the same, but not fewer favourable, than those which are set out in the job offer, providing similar occupation as that which is set out in the employment offer, providing the conditions of working that are considerably the same, but fewer favourable than those which are set in the employment offer, making practical efforts for providing the workplace which will be free of exploitation, staying engaged in business in which the employment offer was made and staying compliant with federal, provincial or territorial job or hiring regulations.
The tools that might be used to assess the adherence of the employer to the conditions of the program and requirements are Employer Compliance Reviews (ECR), Reviews under Ministerial Instruction (RuMI) and the inspections.
The administrative financial punishments (AMPs) would be implemented from 1st December. These fines could range from $500 to $1,00,000 for every breach. The AMPs would be increasing but the bans would not. Instead in the situations like there are multiple bans, only the longest ban would apply.
From 1st December, the employers who did not succeed to comply with the latest TFWP and IWP needs would be subject to sanctions like warnings, fines ranging from $500 to $1,00,000 for each violation and up to $1 million over a year for every employer, being barred from accessing the program for one to ten years or permanently, publication of name of the employer on the list of public with details of breaches and sanctions.
The judgment in applying the broad range of penalties would be guided by the type of breaches, compliance history of the employer, severity of non-compliance and business size of the employer.
The new rules apply to the employers recruiting the overseas citizens under the TFWP or IMP as well as the Canadians recruiting the overseas caregivers and would apply to any breaches that will occur on or after 1st December, the present framework of the regulatory that provides for the two-year ban will continue to apply.