HUMA - Regulations to Ensure Compliance with the Quarantine Act

Key messages

• Regulations were needed to make sure that foreign nationals allowed to enter Canada temporarily, as well as employers of foreign workers, adhere to measures that are aimed at protecting their health and the health of Canadians.
• Anyone authorized to enter Canada temporarily and who fails to follow an isolation order could be found inadmissible, issued a removal order, and barred from returning for one year.
• Employers have a responsibility to the health of their workers as well as to public health. Employer associations continue to work collaboratively with the Government to figure out how they can help fulfil both.
• Failing to comply with the new employer compliance conditions could result in a range of penalties, including monetary penalties of up to a $1M and bans from hiring foreign workers.

Supplementary messages

• Employers who are responsible for housing their workers, like some agricultural employers, are also now required to provide adequate accommodations that allow workers to follow Quarantine Act or Emergencies Act orders, including an order to quarantine or isolate themselves and/or to practice social distancing.
• The Government is supporting farmers to help them comply with this obligation.
• Given the critical importance of protecting public health, these amendments include the ability to conduct inspections regarding COVID-19 early, quickly, and make final determinations faster. Inspections are initiated proactively, but also reactively, such as through tips, or reports of confirmed cases of COVID-19 at a worksite.

Supporting facts and figures

• The new regulations came into force on April 20, 2020. Employer inspections on the new conditions began shortly afterwards and the results of these compliance inspections are imminent.

Background

• The federal compliance regimes for employers of foreign nationals apply only to employers of employer-specific work permit holders. This covers the entire Temporary Foreign Worker Program (Employment and Social Development Canada lead) and approximately 30% of the International Mobility Program (IRCC lead).
• In the context of the new public health orders and with a view to managing the health and safety of workers and Canadians alike, the regulations provide additional compliance tools to ensure employers of foreign nationals with employer-specific work permits support their employees during their quarantine period. 
• Specifically, employers are now required to not do anything that prevents the foreign worker from complying with an order to quarantine or isolate themselves. They are also required to pay wages during the quarantine or isolation period.
• The new regulatory requirements related to housing apply to a large portion of the Temporary Foreign Worker Program, that is, employers who hire under the Seasonal Agricultural Worker Program. Employment and Social Development Canada and Service Canada are responsible for these inspections, for example on farms and greenhouses, and have already communicated plans and guidance with employers. Employment and Social Development Canada officials are best positioned to respond to questions regarding enforcement on farms and recently reported outbreaks.
• IRCC-administered International Mobility Program inspections are desk-based. IRCC analysts request documentation electronically to verify compliance, complemented by phone interviews with employers, and separate calls with workers. IRCC aims to finalize most inspections (80%) within the shortened timeframe of 21 calendar days. Shortened timeframes also reflect reduced time periods for employers to address preliminary findings of non-compliance.
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