Section 5 – No contracting out
No contracting out - s. 5(1)
Subsection 5(1) prohibits contracting out of or waiving of any requirement or prohibition in the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) that is for the benefit of a foreign national. Any such contracting out or waiver would be void. This provision must be read in conjunction with s. 5(2), which defines the term "protective measure".
For a discussion of the similarly-worded "no contracting out" provision in the Employment Standards Act, 2000, see ESA Part III, s. 5 of this Manual; that discussion applies to the interpretation of this provision with necessary modifications.
Definition - s. 5(2)
This provision defines the term "protective measure" to mean a requirement or prohibition under EPFNA that applies to an employer, recruiter or person acting on behalf of an employer or recruiter, for the benefit of a foreign national.
The protective measures are found in ss. 7 to 13 of EPFNA.