EPFNA Regulations — Regulation 47/10 penalties and 348/15 employer recovery of costs
Ontario Regulation 47/10 – Penalties
This regulation sets out penalties that are prescribed for notices of contravention issued pursuant to s. 27 of the Employment Protection for Foreign Nationals Act, 2009.
Section 1 – Penalties re: Notices of contravention
| Item | Contravention | Penalty, in dollars |
|---|---|---|
| 1. | If the notice relates to a contravention of subsection 9 (1) or (2) of the Act in respect of a passport or work permit | 100,000 |
| 2. | If the notice relates to the second contravention in a three-year period of subsection 9 (1) or (2) of the Act in respect of a passport or work permit | 150,000 |
| 3. | If the notice relates to the third or subsequent contravention in a three-year period of subsection 9 (1) or (2) of the Act in respect of a passport or work permit | 200,000 |
| 4. | If the notice relates to a contravention of a provision of the Act other than subsection 9 (1) or (2) in respect of a passport or work permit | 250 |
| 5. | If the notice relates to the second contravention in a three-year period of a provision of the Act other than subsection 9 (1) or (2) in respect of a passport or work permit | 500 |
| 6. | If the notice relates to the third or subsequent contravention in a three-year period of a provision of the Act other than subsection 9 (1) or (2) in respect of a passport or work permit | 1,000 |
| 7. | If the notice relates to a contravention of subsection 9 (1) or (2) of the Act in respect of a passport or work permit and the contravention affects more than one foreign national | 100,000, multiplied by the number of foreign nationals affected |
| 8. | If the notice relates to the second contravention in a three-year period of subsection 9 (1) or (2) of the Act in respect of a passport or work permit and the contravention affects more than one foreign national | 150,000, multiplied by the number of foreign nationals affected |
| 9. | If the notice relates to the third or subsequent contravention in a three-year period of subsection 9 (1) or (2) of the Act in respect of a passport or work permit and the contravention affects more than one foreign national | 200,000, multiplied by the number of foreign nationals affected |
| 10. | If the notice relates to a contravention of a provision of the Act other than subsection 9 (1) or (2) in respect of a passport or work permit or section 14 or 15, and the contravention affects more than one foreign national | 250, multiplied by the number of foreign nationals affected |
| 11. | If the notice relates to the second contravention in a three-year period of a provision of the Act other than subsection 9 (1) or (2) in respect of a passport or work permit or section 14 or 15, and the contravention affects more than one foreign national | 500, multiplied by the number of foreign nationals affected |
| 12. | If the notice relates to the third or subsequent contravention in a three-year period of a provision of the Act other than subsection 9 (1) or (2) in respect of a passport or work permit or section 14 or 15, and the contravention affects more than one foreign national | 1,000, multiplied by the number of foreign nationals affected |
O Reg 47/10 was amended on December 27, 2023, to establish higher penalty amounts for contraventions of subsection 9(1) or 9(2) of the Act in respect of a passport or work permit. The higher penalty amounts of $100,000/$150,000/$200,000 take effect on the date of filing, December 27, 2023, and will apply to contraventions that occur on or after this date.
When issuing a Notice of Contravention (NOC) for ss. 9(1) or 9(2) in respect of a passport or work permit, officers are to use the prescribed penalty amounts that were in effect at the time the actual contravention occurred.
Examples
- An officer finds a contravention of ss. 9(1) in respect of a passport that occurred on October 15, 2023, and decides to issue an NOC at the conclusion of their claim investigation on January 5, 2024. This is the first NOC the employer has received for a contravention of ss. 9(1) and therefore the penalty would be $250.
- An officer finds a contravention of ss. 9(2) in respect of a work permit that occurred on December 29, 2023, and decides to issue an NOC at the conclusion of their claim investigation on February 12, 2024. This is the first NOC the recruiter has received for a contravention of ss. 9(2) and therefore the penalty would be $100,000.
See the discussion at section 1 of O Reg289/01 (Penalties and Reciprocal Enforcement) under the Employment Standards Act, 2000 for information about when the penalty amount escalates and when the multiplier is applied. The principles that are set out there also apply in the EPFNA context.
Ontario Regulation 348/15 – Employer recovery of costs
This regulation sets out the exception to the prohibition against cost recovery in s. 8(2) of the Employment Protection for Foreign Nationals Act, 2009.