Immigration and Refugee Protection Regulations

Marginal note:Separate violation — multiple foreign nationals

• 209.96 (1) A failure to comply — that is not justified under subsection 209.2(3) or (4), 209.3(3) or (4) or 209.4(2) — with a condition that affects more than one foreign national constitutes a separate violation for each foreign national affected.

• Marginal note:Separate violation — occupation, wages or working conditions

  (2) A failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with any one of the following elements of the condition set out in item 9 of Table 1 of Schedule 2, constitutes a separate violation:

  • (a) to provide the foreign national with employment in the same occupation as the occupation that is set out in the foreign national’s offer of employment;

  • (b) to provide the foreign national with wages that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment; and

  • (c) to provide the foreign national with working conditions that are substantially the same as — but not less favourable than — those set out in the foreign national’s offer of employment.

• Marginal note:Separate violation — live-in caregivers

  (3) With respect to employers who employ foreign nationals as live-in caregivers, a failure to comply — that is not justified under subsection 209.3(3) — with either one of the following elements of the condition set out in item 10 of Table 1 of Schedule 2, constitutes a separate violation:

  • (a) to ensure that the foreign national resides in a private household in Canada,

  • (b) to ensure that the foreign national provides child care, senior home support care or care of a disabled person in that household without supervision.

• Marginal note:Separate violation — abuse

  (4) A failure to comply — that is not justified under subsection 209.2(3) or 209.3(3) — with the condition set out in item 17 of Table 1 of Schedule 2 with respect to any one of the elements set out in paragraphs 196.2(a) to (d) constitutes a separate violation.