Registry of employers of foreign workers
38.9(1)The following definitions apply in this section and in section 38.91.
“foreign worker” means a person who is not a Canadian citizen or permanent resident of Canada, and who is working in or seeking employment in the Province.(travailleur étranger)
“immigration consultant” means a person who, for a fee or compensation, provides immigration services.(consultant en immigration)
“immigration services” means services to assist a foreign worker to immigrate to the Province, including,
(services en immigration)
(a)
researching and advising on immigration opportunities, laws or processes,
(b)
preparing, filing and presenting applications and documents related to immigration,
(c)
assisting in the preparation, filing and presentation of applications and documents related to immigration,
(d)
representing a foreign worker before immigration authorities, and
(e)
providing or procuring settlement services.
38.9(2)An employer who recruits or engages the services of another person to recruit foreign workers for employment with the employer shall register with the Director in accordance with this section.
38.9(3)Subsection (2) does not apply to the Crown in right of the Province, any Crown corporation or Crown agency.
38.9(4)An employer shall register by providing to the Director the following information:
(a)
with respect to the employer,
(ii)
the principal business activity according to the North American Industry Classification System (NAICS) maintained for Canada by Statistics Canada as amended from time to time,
(iii)
the place in which the employer is registered, whether in the Province or outside the Province,
(iv)
the address, mailing address, phone number, email address and website,
(v)
the name of a primary contact person,
(vi)
the name of an alternate contact person, and
(vii)
the preferred official language of correspondence;
(b)
with respect to the position for which a foreign worker is employed or is to be employed,
(i)
the type of occupation, according to the National Occupational Classification (NOC) published by Statistics Canada as revised from time to time,
(ii)
the location, identified by local government or rural district,
(iii)
whether an employee in the position is subject to a collective agreement,
(iv)
the educational requirements,
(v)
the language requirements,
(vii)
the vacation leave and sick leave provided,
(viii)
any benefits not referred to in subparagraph (vi) or (vii),
(ix)
the hours of work per day and per week,
(x)
the duration of the contract or the period of employment;
(c)
with respect to the employment of foreign workers,
(i)
the program under which foreign workers are employed or are to be employed,
(ii)
whether the employer engages the services of another person to recruit foreign workers,
(iii)
whether the employer provides training to foreign workers,
(iv)
the number of foreign workers employed or to be employed,
(v)
if known, the country of origin of the foreign workers employed or to be employed,
(vi)
whether the foreign workers employed or to be employed are already in Canada or in the Province,
(vii)
whether the employer pays a foreign worker’s costs of transportation
(A)
from their country of origin or elsewhere in Canada to the Province, and
(B)
to their country of origin or elsewhere in Canada from the Province,
(viii)
whether the employer has employed foreign workers in previous years and, if yes,
(A)
the number of years the employer has employed foreign workers, and
(B)
the number of foreign workers employed in previous years, if the number of foreign workers employed or to be employed is different from the number employed in previous years,
(ix)
whether the employer has attempted to employ Canadian citizens or permanent residents of Canada for the positions filled by foreign workers,
(x)
whether the employer has employed any foreign worker who has previously been employed by the employer and, if yes, the total length of the foreign worker’s employment with the employer,
(xi)
whether the employer provides accommodations to foreign workers employed or to be employed, and, if yes,
(A)
the amount the employer charges the foreign workers for board and lodging,
(B)
whether the accommodations are shared or private, and
(C)
whether the accommodations are located at the worksite or off the worksite.
38.9(5)A registration is valid for one calendar year from the date the employer provides the information in subsection (4) and the employer shall provide an update of the information provided each year on or before the anniversary date of the registration.
38.9(6)For the purposes of administering and enforcing the provisions of this Act with respect to foreign workers or of administering and enforcing provisions of similar legislation of another jurisdiction with respect to foreign workers, the Minister may disclose the information collected under subsection (4) to the following persons:
(a)
another Minister of the Crown in right of the Province or their servant;
(b)
an agent of the Government of Canada or their servant;
(c)
an employee of an agency of the Province;
(d)
a government of another province or territory of Canada or of another country or state or territory of that country; or
(e)
a law enforcement agency.
38.9(7)In addition to the purposes prescribed under subsection (6) the Minister may use the information collected under subsection (4) for the following purposes:
(a)
for providing employment development programs;
(b)
for making labour market supply and demand projections; and
(c)
for identifying employers who have foreign worker employees who could be candidates for permanent residency in the Province.
38.9(8)In addition to the purposes prescribed under subsection (6) the Minister may disclose the information collected under subsection (4) to the Workplace Health, Safety and Compensation Commission for the purpose of enforcing provisions of the
Occupational Health and Safety Act with respect to foreign workers.
38.9(9)If subsection (6), (7) or (8) is inconsistent with or in conflict with a provision of the
Right to Information and Protection of Privacy Act, subsection (6), (7) or (8), as the case may be, prevails.
2014, c.3, s.1; 2017, c.20, s.63; 2021, c.44, s.41; 2022, c.33, s.16