In a recent decision with widespread implications for
Canada's business community, the Supreme Court of Canada has ruled that
administrative monetary penalties, or "AMPs," do not
violate constitutional rights because they are not criminal in
The case involved adviser penalties" found in the Income
Tax Act aimed at professional tax advisers, planners and preparers
– including lawyers and accountants. The ruling has broad
implications for Canadian employers accessing the foreign labour
market. Here is why.
Effective December 1, 2015, employers who violate the rules of
the Temporary Foreign Worker Program and the International Mobility
Program (which includes intra-company transfers and free-trade
agreement work permit categories), could face harsh penalties.
Under the Immigration and Refugee Protection Regulations, the
government now has a new arsenal of enforcement tools. Known as
Administrative Monetary Penalties, AMPs are a regulatory compliance
mechanism that allow for monetary penalties for incidences of
non-compliance. Canadian employers who are found to be in violation
of program terms and conditions could be subject to financial
penalties ranging from $500 to $100,000 per violation, and up to
maximum of $1 million in a one-year period. Violations will be
weighted using a point system and penalties will be levied under a
number of factors. In addition, the existing two-year ban from the
programs will be replaced with bans of various lengths –
including one, two, five and 10 years. Employers could face a
permanent ban for the most serious violations. Employers who are
banned will be published on the government web site.
Interested employers: Kindly contact us
here to receive further information. Interested candidates: Find out whether you
qualify to Canada by completing our
free on-line evaluation. We will provide you with our
evaluation within 1-2 business days.
The content of this article reflects the personal insight of
Attorney Colin Singer and needs no disclaimer.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
October 12th, 2016 - Immigration authorities conducted the 21st round of invitations under Express Entry in 2016 and 44th overall, inviting 1518 applicants for permanent residence with a lowest CRS score of 484.
October 19th, 2016 - Immigration authorities conducted the 22nd round of invitations under Express Entry in 2016 and 45th overall, inviting 1804 applicants for permanent residence, the largest number ever. The lowest CRS score was 475, a decline from the previous draw.
September 21st, 2016 - Immigration authorities conducted the 20th round of invitations under Express Entry in 2016 and 43rd overall, inviting 1288 applicants for permanent residence with a lowest CRS score of 483.
A unique feature of the new Canada express entry immigration system is that candidates can improve their comprehensive ranking score while in the express entry pool, without submitting a new application. We review important strategies.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).