Immigration and Refugee Protection Regulations — 203
Assessment of employment offered 203 (1) On application under Division 2 for a work permit made by a foreign national other than a foreign national referred to in subparagraphs 200(1)(c)(i) to (ii.1), an officer must determine, on the basis of an assessment provided by the Department of Employment and Social Development, of any information provided on the officer’s request by the employer making the offer and of any other relevant information, if (a) the job offer is genuine under subsection 200(5); (b) the employment of the foreign national is likely to have a neutral or positive effect on the labour market in Canada; (c) the issuance of a work permit would not be inconsistent with the terms of any federal-provincial agreement that apply to the employers of foreign nationals; (d) in the case of a foreign national who seeks to enter Canada as a live-in caregiver, (i) the foreign national will reside in a private household in Canada and provide child care, senior home support care or care of a disabled person in that household without supervision, (ii) the employer will provide the foreign national with adequate furnished and private accommodations in the household, and (iii) the employer has sufficient financial resources to pay the foreign national the wages that are offered to the foreign national; (e) the employer (i) has not, directly or indirectly, charged or recovered 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, (ii) ensured that any person who recruits the foreign national for the employer did 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; (f) in the case where the employer has not employed a foreign national referred to in subparagraph 200(1)(c)(iii) during the six years before the day on which the request for an assessment made under subsection (2) is received by the Department of Employment and Social Development, during the period beginning two years before the day on which the request for an assessment is received and ending on the day that an assessment is provided, when the employer was actively engaged in the business for which the employer has provided information under this subsection and subsection (2.1), the employer (i) made reasonable efforts to provide a workplace that is free of abuse, and (ii) was not an affiliate of an employer referred to in subparagraphs 200(3)(h)(ii) or (iii); and (g) the employer committed (i) to conclude with the foreign national, on or before the first day of work of the foreign national that is during the period of employment for which the work permit is issued to them, an employment agreement that (A) provides for employment in the same occupation and the same wages and working conditions as those set out in the offer of employment, (B) is drafted in the foreign national’s chosen official language of Canada, and (C) is signed by both the employer and the foreign national, (ii) to provide the foreign national, on or before the first day of work of the foreign national 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, ch