Section 18.1 - Recruiters’ liability to repay fees, etc.
Recruiters’ liability to repay fees, etc. – s. 18.1(1)
Subsection 18.1(1) provides that where a recruiter uses the services of another recruiter in connection with the recruitment or employment of a foreign national, and where that other recruiter charged fees to a foreign national in contravention of s. 7(1) of EPFNA:
- the recruiter who used the other recruiter’s services is jointly and severally liable to repay the fees unlawfully charged by the other recruiter, and
- if the recruiter who used the other recruiter’s services is a corporation, the directors of the corporate recruiter are also jointly and severally liable to repay the fees unlawfully charged by the other recruiter.
Primary responsibility – s. 18.1(2)
This provision is similar to s. 81(2) of the ESA 2000, the major differences being the entities to whom it applies and that it applies in respect of illegally charged fees. The Program's interpretation of s. 81(2) of the ESA 2000 can be applied to this provision with necessary modifications. See ESA Part XX, s. 81.
Contribution from other directors – s. 18.1(3)
This provision is similar to ss. 81(9) of the ESA 2000, the major difference being that it applies in respect of illegally charged fees. The Program's interpretation of ss. 81(9) can be applied to this provision with necessary modifications. See ESA Part XX, s. 81.
Limitation periods - s. 18.1(4)
This provision is substantially the same as ss. 81(10) of the ESA 2000. The Program's interpretation of ss. 81(10) can be applied to this provision with the necessary modifications. See ESA Part XX, s. 81.
Order to repay fees – s. 18.1(5)
Subsection 18.1(5) creates the authority for an employment standards officer to issue an order to repay fees to recruiters and directors (if any) who have liabilities under s. 18.1.
It provides that ss. 24(2) (Order to repay fees) and ss. 24(7) (Orders against directors) apply with necessary modifications. See EPFNA, s. 24.