Immigration and Refugee Protection Regulations — 203
tional that is during the period of employment for which the work permit is issued to them, a copy of the employment agreement referred to in subparagraph (i), (iii) to not, directly or indirectly, charge or recover from the foreign national the fees referred to in subsection 315.2(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1) and fees related to the recruitment of the foreign national that are authorized to be charged or recovered under an international agreement between Canada and one or more countries concerning seasonal agricultural workers, and (iv) to ensure that any person who recruits the foreign national for the employer does not, directly or indirectly, charge or recover from the foreign national the fees referred to in subsection 315.2(1) or any fees related to the recruitment of the foreign national, with the exception of the fees referred to in subsections 296(1), 298(1) and 299(1) and fees related to the recruitment of the foreign national that are authorized to be charged or recovered under an international agreement between Canada and one or more countries concerning seasonal agricultural workers. Effect on labour market — language (1.01) For the purposes of paragraph (1)(b), the employment of a foreign national is unlikely to have a positive or neutral effect on the labour market in Canada if the offer of employment requires the ability to communicate in a language other than English or French, unless (a) the employer or group of employers demonstrates that the ability to communicate in the other language is a bona fide requirement for performing the duties associated with the employment; (b) the offer of employment relates to work to be performed under an international agreement between Canada and one or more countries concerning seasonal agricultural workers; or (c) the offer of employment relates to other work to be performed in the primary agriculture sector, within the meaning of subsection 315.2(4). Effect on labour market (1.1) For the purposes of paragraph (1)(b), the employment of the foreign national is unlikely to have a positive or neutral effect on the labour market in Canada if (a) the wages set out in the offer of employment are not consistent with the prevailing wage rate for the occupation; or (b) the employment of the foreign national is likely to adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute. Assessment on request (2) Subject to subsection (2.02), the Department of Employment and Social Development must provide the assessment referred to in subsection (1) on the request of an officer or an employer or group of employers, none of whom is an employer who (a) on a regular basis, offers striptease, erotic dance, escort services or erotic massages; or (b) is referred to in subparagraph 200(3)(h)(ii) or (iii). Offer of employment (2.01) A request may be made in respect of (a) an offer of employment to a foreign national; and (b) offers of employment made, or anticipated to be made, by an employer or group of employers. Suspension of processing of requests (2.02) If any of the circumstances set out in section 209.5 exist, the processing of a request for an assessment under subsection (2) is suspended so long as the Department of Employment and Social Development has a reason to suspect that (a) the employer who made the request is not complying with or has not complied with any of the conditions set out in subparagraph 209.3(1)(a)(i), 209.3(1)(a)(iv) with regard to the working conditions referred to in that subparagraph, 209.3(1)(a)(v) or 209.3(1)(a)(vii) to 209.3(1)(a)(xii); and (b) the employer’s failure to comply with any of the conditions referred to in paragraph (a) would put at serious risk the health or safety of the foreign national, if the work permit was issued. Basis of Assessment (2.1) The assessment provided