Section 4 – Separate persons treated as one entity
On January 1, 2018, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 c. 22 amended s. 4 of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) to remove the requirement that the intent or effect of the arrangement as previously described in s. 4(1) must be to defeat, either directly or indirectly, the purpose of the EPFNA. This provision is analogous to ESA Part III, s. 4 which the Fair Workplaces, Better Jobs Act, 2017 similarly amended. Some small differences in wording are as follows:
- EPFNA s. 4 makes reference to recruiters in addition to employers
- EPFNA s. 4(2) combines the substance of ESA Part III, s. 4(2) and 4(3) into one provision (this is not legally significant)
- EPFNA refers to "amounts owing" versus "wages", which is the term used in the Employment Standards Act, 2000.
Because of the substantial similarity between EPFNA s. 4 and ESA Part III, s. 4, the Program’s policies with respect to the interpretation of ESA Part III, s. 4 may be applied to this provision with necessary modifications.