Section 45 – Additional orders re: Other contraventions
Additional orders re: Other contraventions - s. 45(1)
Subsection 45(1) provides that where a person is convicted of contravening a provision of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) other than a conviction for a violation of s. 10 (reprisal), the court is required to assess any amount owing to the affected foreign national(s), in addition to any penalty (i.e., fine or term of imprisonment or both) imposed.
For example, where a recruiter had not paid an order to repay fees and accordingly committed an offence that resulted in a conviction under s. 41, the court is required (in addition to any fine or jail sentence that may be ordered) to assess the amount owing and to order the recruiter to pay the amount owing to the Director of Employment Standards in trust.
The court could not order the person convicted to pay the ten per cent administration costs portion of the order to repay fees, since the section refers specifically to an "amount owing to a foreign national affected by the contravention". However, the court's assessment of the amount owed to the foreign national(s) could include interest.
Collection by director - s. 45(2)
Subsection 45(2) indicates that the Director of Employment Standards must attempt to collect any money that is ordered to be paid under s. 45(1) and distribute it to the foreign national if the collection action is successful.
Enforcement of order - s. 45(3)
Subsection 45(3) provides that the Director of Employment Standards may file the court order issued under s. 45(1) in a court of competent jurisdiction. The order then becomes enforceable as an order of the court for the purposes of enforcement. This means, for example, that a writ of seizure and sale could be issued so that the defaulting person's assets could be seized and sold in order to satisfy the amounts owing.