Employer - s. 9(1)

Subsection 9(1) provides that an employer of a foreign national employed pursuant to an immigration or foreign temporary employee program, or anyone acting on the employer's behalf, is prohibited from taking or keeping property that the foreign national is entitled to possess. The prohibition in s. 9(1) applies even if the property is taken or retained with the consent of the employee. Subsection 9(3) gives two examples of property that cannot be taken or kept: a passport and a work permit.

Subsection 9(2) establishes the same prohibition against taking and retaining property for a recruiter or person acting on the recruiter's behalf.

On October 26, 2023, section 41 was amended by the Working for Workers Act, 2023 to include ss. 41(2) which imposes a higher maximum fine for a person convicted of an offence under this section in respect of a passport or work permit.

On December 27, 2023, O Reg 47/10 was amended to establish higher penalties for notices of contravention that are issued for contraventions under this section in respect of a passport or work permit.

Recruiter - s. 9(2)

Subsection 9(2) provides that a recruiter, or anyone acting on the recruiter's behalf in connection with the employment of a foreign national pursuant to an immigration or foreign temporary employee program, is prohibited from taking or keeping property that the foreign national is entitled to possess. This prohibition applies even if the property is taken or retained with the consent of the employee. Subsection 9(3) gives two examples of property that cannot be taken or kept: a passport and a work permit.

Subsection 9(1) establishes the same prohibition against taking and retaining property for an employer or person acting on the employer's behalf.

On October 26, 2023, section 41 was amended by the Working for Workers Act, 2023 to include ss. 41(2) which imposes a higher maximum fine for a person convicted of an offence under this section in respect of a passport or work permit.On December 27, 2023, O Reg 47/10 was amended to establish higher penalties for notices of contravention that are issued for contraventions under this section in respect of a passport or work permit.

On December 27, 2023, O Reg 47/10 was amended to establish higher penalties for notices of contravention that are issued for contraventions under this section in respect of a passport or work permit.

Example: Passports, etc. - s. 9(3)

Subsection 9(3) provides two examples of property that employers, recruiters, and persons acting on their behalf are prohibited from taking or keeping from a foreign national who is employed or attempting to find employment pursuant to an immigration or foreign temporary employee program. The examples provided are a passport and work permit. It is important to note that this provision does not purport to limit the property described in ss. (1) and (2) to these two documents. Employers, recruiters, and those acting on their behalf are prohibited from taking or keeping any property the foreign national is entitled to possess.

While a passport may be the property of the issuing country, the person to whom the passport is issued is generally entitled to possess the document.