158/2019

O.C. 408/2019

July 8, 2019

Temporary Foreign Worker Protection Act

Temporary Foreign Worker Protection Regulation

[Last amended December 15, 2020 by B.C. Reg. 231/2020]

158_2019_pit

Definition

In this regulation, Act means the Temporary Foreign Worker Protection Act .

Security with licence applications

For the purposes of

section 5 (1) (

b) of the Act, security filed by an applicant for a licence must meet the following requirements:

the amount of the security must be $20 000;

the security must be posted under the Bonding Act ;

the security must be of a type that is

listed in

section 8 of the Bonding Regulations, B.C. Reg. 11/68, and

acceptable to the director.

Prescribed classes of employers for which certificate of registration not required

2.1

For the purposes of

section 10 (2) of the Act, the following classes of employers are prescribed:

employers who recruit foreign nationals who, under

section 186 of the Immigration and Refugee Protection Regulations (Canada), may work in Canada without a work permit;

employers who recruit foreign nationals for whom an officer is not required to make a determination under

section 203 (1) of the Immigration and Refugee Protection Regulations (Canada), not including those employers who recruit foreign nationals to perform the work of a caregiver through

the Home Child Care Provider Pilot Project or Home Support Worker Pilot Project established under

section 205 of the Immigration and Refugee Protection Regulations (Canada), or

any program established under

section 205 of the Immigration and Refugee Protection Regulations (Canada) that results from, and is significantly similar to, either pilot project referred to in subparagraph (

i) of this paragraph.

[en. B.C. Reg. 231/2020, Sch.]

Additional information in licensed foreign worker recruiter registry

For the purposes of

section 29 (1) (a) (iv) of the Act, the registry respecting foreign worker recruiters established and maintained by the director must contain the following prescribed information for each licensee, as applicable:

amendments, if any, made under

section 7 of the Act to the licence of the licensee;

if the licence of the licensee is suspended under

section 7 of the Act, the start date and end date of the suspension;

if the licence of the licensee is cancelled under

section 7 of the Act, the date on which the licence is cancelled.

Monetary penalties

In this section, specified requirement means a requirement of the Act referred to in

section 38 (1) of the Act.

For the purposes of

section 38 (1) (

f) of the Act, the following monetary penalties are prescribed:

unless paragraph (

b) or (

c) of this subsection applies, a monetary penalty of $500 if the director determines that the person contravened a specified requirement;

unless paragraph (

c) of this subsection applies, a monetary penalty of $2 500 if

the director determines that the person contravened a specified requirement,

the director previously made a determination under paragraph (

a) that the person contravened the same specified requirement, and

iii

the contravention referred to in subparagraph (

i) occurred within 3 years after the contravention referred to in subparagraph (ii);

a monetary penalty of $10 000 if

the director determines that the person contravened a specified requirement,

the director previously made a determination under paragraph (

b) that the person contravened the same specified requirement, and

iii

the contravention referred to in subparagraph (

i) occurred within 3 years after the contravention referred to in subparagraph (ii).

For the purposes of subsection (2),

an act or omission of a person that results in a contravention of a specified requirement is to be treated as a single contravention regardless of the number of persons affected by the contravention.

Payment of administrative penalty

A person who is required under the Act to pay an administrative penalty must pay the administrative penalty to the Minister of Finance.

Interest rate on determinations and tribunal orders

In this section:

prime lending rate means the prime lending rate of the principal banker to the government;

quarter means one of the following periods in a year:

January 1 to March 31;

April 1 to June 30;

July 1 to September 30;

October 1 to December 31.

For the purposes of

section 51 (1) of the Act, the prescribed rate of interest during a quarter is the prime lending rate on the 15th day of the month immediately preceding the quarter.

[en. B.C. Reg. 158/2019, Sch. 2.]

Interest rate on collected and deposited amounts

For the purposes of

section 51 (4) of the Act, the prescribed rate of interest that applies to an amount referred to in that

section is the actual rate of interest of the savings institution that applies to the amount, from time to time, while the amount is held in deposit in the savings institution.

[en. B.C. Reg. 158/2019, Sch. 2.]

Fee for searching of records

For the purposes of

section 63 of the Act, the prescribed fee is $35.

Fees owing under

section 63 of the Act must be paid to the director by cheque, draft or money order, payable to the Minister of Finance.

[en. B.C. Reg. 158/2019, Sch. 2.]

[Provisions relevant to the enactment of this regulation: Temporary Foreign Worker Protection Act , S.B.C. 2018, c. 45, s. 82.]