Program delivery update – November 8, 2016
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
New instructions on applying consequences where an employer is found non-compliant with the conditions
New program delivery instructions (PDIs) have been developed to support the employer compliance regime as part of the changes to the International Mobility Program introduced in December 2013 and strengthened in February 2015.
As of December 1, 2015, Immigration, Refugees and Citizenship Canada (IRCC) has the regulatory authority under section 209.996 of the Immigration and Refugee Protection Regulations (IRPR) to apply administrative tools, including warning letters, administrative monetary penalties and varied ban lengths, to certain employers where an officer has determined, based on information obtained during an inspection and any other relevant information, that the employer committed a violation by failing to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2, and the failure to do so was not justified under subsection R209.2(3) or (4), or subsection R209.4(2).
It should be noted that the authority to apply consequences on non-compliant employers is limited to specific positions in the Case Management Branch only.
In addition, the index page of the temporary workers PDIs has been updated to include the new instructions on the employer compliance regime.
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