Caregiver and Foreign Worker Recruitment and Protection Act, 2009 Colle, Mike — Bill 160 (39th Parliament, 1st Session)

Bill 160, 39-1

Ontario — Bills

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Bill 160, Caregiver and Foreign Worker Recruitment and Protection Act, 2009

Colle, Mike

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[39] Bill 160 Original (PDF)

Bill 160 2009

Act respecting the recruitment and protection of caregivers and foreign workers

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

Definitions

1. In

this Act,

"caregiver"

means,

(

a) an

individual who is qualified to provide care for children, elderly persons or

persons with disabilities, whether in a private home or other appropriate

setting, and

(

b) a

prescribed individual or member of a prescribed class of individuals;

("fournisseur de soins")

"caregiver agency business" means promoting a caregiver or finding or

offering or promising to find work for a caregiver for a fee; ("agence de

placement de fournisseurs de soins")

"caregiver recruitment" means any activities relating to the recruitment

of an individual for the purpose of referring the individual to a person

engaged in a caregiver agency business; ("recrutement de fournisseurs de

soins")

"common-law partner" of a person means a person who, not being married

to the other person, is cohabiting with him or her in a conjugal relationship

of some permanence; ("conjoint de fait")

"Director" means the Director of Employment Standards appointed under

the Employment Standards Act, 2000 ; ("directeur")

"employer" has the same meaning as in subsection 1 (1) of the Employment

Standards Act, 2000 ; ("employeur")

"family member", in relation to an individual, means,

(

a) a

spouse or common-law partner of the individual,

(

b) a

child of the individual or a child of the individual's spouse or common-law

partner,

(

c) a

parent or legal guardian of the individual or a spouse or common-law partner of

the parent or legal guardian, and

(

d) any

other individual who is a member of a class of individuals prescribed in the

regulations for the purpose of this definition; ("membre de la famille")

"finding" includes assisting in finding; ("trouver")

"foreign worker" means, subject to the regulations, a foreign national

who, pursuant to an immigration or foreign temporary worker program, is

recruited to become employed in Ontario; ("travailleur étranger")

"foreign worker recruitment" means, whether or not these activities are

provided for a fee, the activities of,

(

a) finding

one or more foreign workers for employment in Ontario,

(

b) finding

employment in Ontario for one or more foreign workers; ("recrutement de

travailleurs étrangers")

"licensee" means a person who holds a licence under this Act;

("titulaire de licence")

"officer" means an employment standards officer under the Employment

Standards Act , 2000 ; ("agent")

"person" includes a partnership, union, organization and unincorporated

association; ("personne")

"prescribed" means prescribed by the regulations made under this Act;

("prescrit")

"regulations" means the regulations made under this Act. ("règlements")

Licensing

Licence required for caregiver

agency business

(1) No

person shall engage in a caregiver agency business unless the person holds a

licence under this Act that authorizes the person to do so.

Licence

required for caregiver recruitment

(2) No person shall engage in caregiver recruitment unless

the person holds a licence under this Act that authorizes him or her to do so.

Licence

required for foreign worker recruitment

(3) No person shall engage in foreign worker recruitment

unless the person is an individual who holds a licence under this Act that

authorizes him or her to do so.

Exemptions

(4) The following persons are not required to hold a

licence under this Act:

1. An

individual who, on behalf of his or her employer, engages in activities to find

employees, including employees who may be foreign workers, for that employer.

2. A

person who, without receiving a fee directly or indirectly, engages in

activities to find employment for a foreign worker who is his or her family

member.

3. An

agency of the government or a municipality.

4. A

person or class of persons exempt under the regulations.

Licence

application

(1) A

person may apply, in a form approved by the Director, for a licence authorizing

the person to engage in,

(

a) a

caregiver agency business; or

(

b) caregiver

recruitment.

Licence

application, foreign worker recruitment

(2) An individual may apply, in a form approved by the

Director, for a licence authorizing him or her to engage in foreign worker

recruitment.

Applicant

to provide information

(1) When

applying for a licence, the applicant shall provide,

(

a) the

information required by the regulations or the application form; and

(

b) any

additional information requested by the Director.

Licence

fee

(2) Before the Director issues a licence, the applicant

shall pay the licence fee specified in the regulations.

Security:

foreign worker recruiter

(1) Before

the Director licenses an individual to engage in foreign worker recruitment,

the individual shall provide,

(

a) an

irrevocable letter of credit from a financial institution that carries on

business in Ontario; or

(

b) a

deposit of cash or securities acceptable to the Director.

Same

(2) The terms, conditions and amount of the letter of

credit or other security shall be satisfactory to the Director and shall meet

the requirements of the regulations.

Investigations

(1) The

Director may make inquiries into and investigate the character, financial

history and competence of an applicant for a licence as necessary to determine

whether the applicant meets the requirements of this Act and the regulations.

Corporations

and partnerships

(2) If the applicant is a corporation or partnership, the

Director may inquire into or investigate the conduct of the officers, directors

or partners of the applicant.

Collection

of information

(3) The Director may,

(

a) require

information or material from any person who is the subject of the inquiry or investigation;

and

(

b) request

information or material from any person who the Director has reason to believe

can provide information or material relevant to the inquiries or

investigations.

Verification

of information

(4) The Director may require that any information provided

under subsection (3) be verified by statutory declaration.

Terms

and conditions of licence

(1) The

Director may, if he or she considers it in the public interest to do so, impose

terms or conditions on a licence at the time of issuing it, or at any other

time by written notice to the licensee, and a licence is also subject to any

terms or conditions imposed by regulation.

Duration

of licence

(2) A licence is valid for one year from the day it is

issued.

Licence

not transferable or assignable

(3) A licence is not transferable or assignable.

Change

in business entity

(1) If

there is a change in the officers, directors or partners of a licensee, the

licensee may not continue to engage in activities under the licence unless the

Director consents to the continuation in writing.

Sole

proprietorships

(2) If a licensee who is a sole proprietor dies or becomes

incapable, the Director may issue a temporary licence to permit the sole

proprietor's business to be maintained or wound down, and the temporary licence

is valid for the period stated in the licence.

application re foreign worker recruitment

(3) Subsection (2) does not apply to an individual

licensed to be engaged in foreign worker recruitment.

Refusal

to issue licence

(1) The

Director may refuse to issue a licence to an applicant if,

(

a) the

applicant provides incomplete, false, misleading or inaccurate information in

support of the application;

(

b) the

applicant fails to meet any qualification or satisfy any requirement of this

Act or the regulations;

(

c) the

applicant has been found guilty or convicted of an offence under the Criminal

Code (Canada) or of an offence under the criminal law of a jurisdiction

outside Canada;

(

d) having

regard to the past conduct of the applicant, there are reasonable grounds to

believe that the applicant will not act in accordance with law, or with

integrity, honesty or in the public interest, while carrying out the activities

for which the licence is required; or

(

e) the

applicant is carrying on activities that are in contravention of this Act, the

regulations or the terms of the licence, or will be in contravention if the

licence is granted.

Where

applicant is a corporation or partnership

(2) The Director may refuse to issue a licence authorizing

a corporation or partnership to engage in a caregiver agency business or

caregiver recruitment, if,

(

a) in

the case of a corporation, a director or officer of the corporation could be

refused a licence under subsection (1); or

(

b) in

the case of a partnership, a member of the partnership could be refused a

licence under subsection (1).

Notice

of refusal

(3) If the Director refuses to issue a licence to an

applicant, the Director shall give the applicant written reasons for the

refusal, along with a notice that the refusal may be appealed in accordance

with

section 20.

Cancellation

or suspension of licence

(1) Subject

to subsection (2), the Director may cancel or suspend the licence of a

licensee,

(

a) for

any reason for which the Director may refuse to issue a licence to an applicant

under

section 9;

(

b) if

the licensee fails to provide information requested by the Director or required

by the regulations;

(

c) if

the licensee contravenes or fails to comply with this Act or the regulations;

(

d) if

the licensee contravenes or fails to comply with a condition of the licence.

Notice

of cancellation or suspension

(2) If the Director cancels or suspends a licence, the

Director shall give the licensee written reasons for doing so, along with a

notice that the cancellation or suspension may be appealed in accordance with

section 20.

When

cancellation or suspension becomes effective

(3) A decision to cancel or suspend a licence takes effect

when notice of the decision is served on the licensee.

Registering Employers

of Foreign Workers

Employer

shall register to recruit foreign workers

(1) No

employer shall recruit a foreign worker without first registering with the

Director.

Recruitment

registration application

(2) An employer may apply, in a form approved by the

Director, to be registered to recruit a foreign worker.

Applicant

to provide information

(3) When applying to be registered, the employer shall

provide,

(

a) the

employer's name and address;

(

b) the

business number assigned to the employer by the Canada Revenue Agency, if the

employer has a business number;

(

c) the

name and address of every individual who will be engaged directly or indirectly

in foreign worker recruitment on behalf of the employer;

(

d) the

information prescribed in the regulations respecting the position to be filled

by a foreign worker;

(

e) any

additional information that is required by the regulations or the application

form, or requested by the Director.

Registration

(4) Unless the application is refused under

section 12, the Director shall,

(

a) register

the employer; and

(

b) provide

the employer written notice of the registration and the date on which the

registration expires.

Term

of registration

(5) Subject to the regulations, a registration is valid

for the period stated in the registration.

Refusal

to register

(1) The

Director may refuse to register an employer if,

(

a) the

employer provides incomplete, false, misleading or inaccurate information in

support of the application;

(

b) the

applicant has been found guilty or convicted of an offence

Document details

Collection	Ontario — Bills
Citation	Bill 160, 39-1
Type	bill
Volume / chapter	p39 s1 bill 160 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e4990beacd8c9d476d32969e1d3f03d23279cb50

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