Section 6 – Civil proceedings not affected
The provisions in s. 6 of the Employment Protection for Foreign Nationals Act, 2009 (EPFNA) are analogous to those contained in s. 8 of the Employment Standards Act, 2000. Subsection 6(1) provides that subject to s. 21, EPFNA does not affect any civil remedy available to a foreign national against his or her employer or against a recruiter. Subsection 6(2) establishes the requirement that notice of a civil proceeding against an employer or recruiter under EPFNA be served on the Director of Employment Standards on an approved form before the proceeding is set down for trial. Subsection 6(3) incorporates provisions of the Employment Standards Act, 2000 which set out how the notice of civil proceeding must be served and when the service is effective.
The Program's policy with respect to the interpretation of s. 8 of the Employment Standards Act, 2000 applies to s. 6 of EPFNA with necessary modifications. See ESA Part III, s. 8 for more information.