Employer compliance fee and direct job-offer submission introduced for LMIA-exempt employer-specific work permits

Policy effect

From February 21, 2015, employers making offers of employment for work described in IRPR sections 204 or 205, or to foreign nationals described in section 207, had to pay a $230 employer compliance fee before the foreign national applied for a work permit or renewal. Employers were exempt from the fee when the worker was exempt from the work-permit processing fee under subsection 299(2), except persons referred to in paragraph 299(2)(i). An employer making simultaneous offers to a group of three or more foreign nationals consisting of performing artists and their staff paid a maximum total fee of $690. The fee had to be repaid to its payer if the permit was refused, or the employer withdrew the offer and requested remission before the permit was issued. Before the work-permit application, employers also had to provide their name, address and telephone number, fax and email if any, business number if applicable, information demonstrating the applicable section 204, 205 or 207 category, and a copy of the job offer in the departmental form. Employers had to be able to demonstrate that the information supplied was accurate. Fee payment and information submission used the departmental electronic system, with payment and receipt deemed to occur at the recorded time. If physical or mental disability prevented electronic use, the Department could make alternative payment and submission means available, including a paper form for the information. Failure to pay the applicable fee or supply the required information before the application prevented issuance of the employer-specific work permit.

Conditions and exceptions

Validated condition or limit: From February 21, 2015, employers making offers of employment for work described in IRPR sections 204 or 205, or to foreign nationals described in section 207, had to pay a $230 employer compliance fee before the foreign national applied for a work permit or renewal.; Employers were exempt from the fee when the worker was exempt from the work-permit processing fee under subsection 299(2), except persons referred to in paragraph 299(2)(i).; An employer making simultaneous offers to a group of three or more foreign nationals consisting of performing artists and their staff paid a maximum total fee of $690.; The fee had to be repaid to its payer if the permit was refused, or the employer withdrew the offer and requested remission before the permit was issued.; Before the work-permit application, employers also had to provide their name, address and telephone number, fax and email if…

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Canada Gazette – Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program) Skip to main content Skip to "About this site" Language selection Français fr / Gouvernement du Canada Search Search Canada Gazette gazette.gc.ca canada.ca Search Menu Main Menu Jobs and the workplace Immigration and citizenship Travel and tourism Business and industry Benefits Health Taxes Environment and natural resources National security and defence Culture, history and sport Policing, justice and emergencies Transport and infrastructure Canada and the world Money and finances Science and innovation Topics menu Canada.ca Canada Gazette Publications Part II: Vol. 149 (2015) February 11, 2015 Vol. 149, No. 3 — February 11, 2015 Registration SOR/2015-25 January 30, 2015 IMMIGRATION AND REFUGEE PROTECTION ACT FINANCIAL ADMINISTRATION ACT Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program) P.C. 2015-66 January 29, 2015 Whereas, pursuant to subsection 5(2) (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), the Minister of Citizenship and Immigration has caused a copy of the proposed Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program), substantially in the annexed form, to be laid before each House of Parliament, Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration and the Treasury Board, pursuant to subsection 5(1) and sections 32 (see footnote c), 89.1 (see footnote d) and 89.2 (see footnote e) of the Immigration and Refugee Protection Act and, considering that it is in the public interest to do so, subsection 23(2.1) (see footnote f) of the Financial Administration Act (see footnote g), makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (International Mobility Program). REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS (INTERNATIONAL MOBILITY PROGRAM) AMENDMENTS 1. (1) Subparagraphs 200(1)(c)(i) and (ii) of the Immigration and Refugee Protection Regulations (see footnote 1) are replaced by the following: (i) is described in section 206 or 208, (ii) intends to perform work described in section 204 or 205 but does not have an offer of employment to perform that work or is described in section 207 but does not have an offer of employment, (2) The portion of subparagraph 200(1)(c)(ii.1) of the Regulations before clause (A) is replaced by the following: (ii.1) intends to perform work described in section 204 or 205 and has an offer of employment to perform that work or is described in section 207 and has an offer of employment, and an officer has determined, on the basis of any information provided on the officer’s request by the employer making the offer and any other relevant information, (3) Subsection 200(3) of the Regulations is amended by adding the … paragraph (f): (f.1) in the case of a foreign national referred to in subparagraph (1)(c)(ii.1), the fee referred to in section 303.1 has not been paid or the information referred to in section 209.11 has not been provided before the foreign national makes an application for a work permit; 2. The Regulations are amended by adding the following after section 209.1: Foreign national referred to in subparagraph 200(1)(c)(ii.1) 209.11 (1) An employer who has made an offer of employment to a foreign national referred to in subparagraph 200(1)(c)(ii.1) must, before the foreign national makes an application for a work permit in respect of that employment, provide the following information to the Minister by means of the electronic system that is made available by the Department for that purpose: (a) their name, address and telephone number and their fax number and electronic mail address, if any; (b) the business number assigned to the employer by the Minister of National Revenue, if applicable; (c) information that demonstrates that the foreign national will be performing work described in section 204 or 205 or is a foreign national described in section 207; and (d) a copy of the offer of employment made in the form made available by the Department. Information provided — time (2) The information is deemed to be received on the date and at the time recorded in the electronic system. Other means of providing information (3) If an employer is unable to provide the information by means of the electronic system because of a physical or mental disability, the information may be provided by another means that is made available by the Department for that purpose and that would enable the employer to provide the information, including a paper form. 3. Subparagraph 209.2(1)(b)(i) of the Regulations is replaced by the following: (i) be able to demonstrate that any information they provided under subparagraph 200(1)(c)(ii.1) or section 209.11 was accurate, and 4. Paragraph 299(2)(k) of the English version of the Regulations is replaced by the following: (k) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members. 5. Paragraph 300(2)(i) of the English version of the Regulations is replaced by the following: (i) a United States Government official in possession of an official United States passport who is assigned to a temporary posting in Canada, and their family members. 6. The Regulations are amended by adding the following after section 303: DIVISION 4.1 OTHER FEES IN RESPECT OF WORK PERMITS Compliance Regime — Employer Fee Fee — $230 303.1 (1) A fee of $230 is payable by an employer who has made an offer of employment to (a) a foreign national in respect of work described in section 204 or 205; (b) a foreign national described in section 207; or (c) a foreign national referred to in paragraph (a) or (b) who makes an application for renewal of a wor …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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• 2015-06-10Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2015-138)
• 2015-06-11Order Fixing June 11, 2015 as the Day on which Certain Provisions of the Act Come into Force
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• 2015-08-01Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2015-77)
• 2015-12-01Regulations Amending the Immigration and Refugee Protection Regulations (Administrative Monetary Penalties and Ineligibility System for Employers)
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