I-0.2.1, r. 3 - Québec Immigration Regulation

Section 99 Disposition versions

2023-11-23

99. The Minister refuses the employer’s application for the assessment of the employment offer’s impact on the labour market or the application for validation of the employment offer of the employer if the employer

(1)  is on the list provided for in section 209.997 of the Immigration and Refugee Protection Regulations (SOR/2002-227);

(2)  has been condemned, during the 2 years preceding the date of the application, by a final decision of the Human Rights Tribunal relating to discrimination or reprisals relating to employment;

(3)  has been convicted, in the 2 years preceding the date of the application, of an offence against

(a)  section 458 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) for a contravention of the first paragraph of section 32 of that Act, section 461 of that Act for a contravention of section 290, section 463 or section 464 of that Act;

(b)  paragraph 1 or 5 of section 134 of the Charter of human rights and freedoms (chapter C-12) relating to employment;

(c)  section 143 of the Labour Code (chapter C-27) for a contravention of section 14 of that Act;

(d)  section 30 of the Act respecting collective agreement decrees (chapter D-2);

(e)  subparagraph 3 of the first paragraph of section 115 of the Pay Equity Act (chapter E-12.001);

(f)  section 139, 140, 140.1 or 141 of the Act respecting labour standards (chapter N-1.1);

(g)  section 119 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) for a contravention of section 101 of that Act; or

(h)  section 235 of the Act respecting occupational health and safety (chapter S-2.1) or section 236 of that Act for a contravention of section 30 or section 185 of that Act;

(4)  failed, during the 2 years preceding the application, to comply with the conditions relating to an employment offer that was validated or had been the subject of a positive assessment as to its impact on Québec’s labour market;

(5)  operates an enterprise whose activities consist in offering personnel placement or leasing services and the employment offered is for providing a worker required to meet the temporary workforce needs of a client, another person or a public body under a contract entered into with the latter; or

(6)  retains the services of a recruitment agency for temporary foreign workers that does not hold a valid licence issued in accordance with the Regulation respecting personnel placement agencies and recruitment agencies for temporary foreign workers (chapter N-1.1, r. 0.1).

O.C. 963-2018, s. 99; O.C. 1570-2023, s. 40.

2018-08-02

99. The Minister refuses the employer’s application for the assessment of the employment offer’s impact on the labour market or the application for validation of the employment offer of the employer if the employer

(1)  is on the list provided for in section 209.997 of the Immigration and Refugee Protection Regulations (SOR/2002-227);

(2)  has been condemned, during the 2 years preceding the date of the application, by a final decision of the Human Rights Tribunal relating to discrimination or reprisals relating to employment;

(3)  has been convicted of an offence against

(a)  section 458 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) for a contravention of the first paragraph of section 32 of that Act, section 461 of that Act for a contravention of section 290, section 463 or section 464 of that Act;

(b)  paragraph 1 or 5 of section 134 of the Charter of human rights and freedoms (chapter C-12) relating to employment;

(c)  section 143 of the Labour Code (chapter C-27) for a contravention of section 14 of that Act;

(d)  section 30 of the Act respecting collective agreement decrees (chapter D-2);

(e)  subparagraph 3 of the first paragraph of section 115 of the Pay Equity Act (chapter E-12.001);

(f)  section 139, 140 or 141 of the Act respecting labour standards (chapter N-1.1);

(g)  section 119 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) for a contravention of section 101 of that Act; or

(h)  section 235 of the Act respecting occupational health and safety (chapter S-2.1) or section 236 of that Act for a contravention of section 30 or section 185 of that Act;

(4)  failed, during the 2 years preceding the application, to comply with the conditions relating to a previous temporary or permanent employment offer; or

(5)  operates an enterprise whose activities consist in offering personnel placement or leasing services and the employment offered is for providing a worker required to meet the temporary workforce needs of a client, another person or a public body under a contract entered into with the latter.

O.C. 963-2018, s. 99.

Not in force

In force: 2018-08-02

99. The Minister refuses the employer’s application for the assessment of the employment offer’s impact on the labour market or the application for validation of the employment offer of the employer if the employer

(1)  is on the list provided for in section 209.997 of the Immigration and Refugee Protection Regulations (SOR/2002-227);

(2)  has been condemned, during the 2 years preceding the date of the application, by a final decision of the Human Rights Tribunal relating to discrimination or reprisals relating to employment;

(3)  has been convicted of an offence against

(a)  section 458 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) for a contravention of the first paragraph of section 32 of that Act, section 461 of that Act for a contravention of section 290, section 463 or section 464 of that Act;

(b)  paragraph 1 or 5 of section 134 of the Charter of human rights and freedoms (chapter C-12) relating to employment;

(c)  section 143 of the Labour Code (chapter C-27) for a contravention of section 14 of that Act;

(d)  section 30 of the Act respecting collective agreement decrees (chapter D-2);

(e)  subparagraph 3 of the first paragraph of section 115 of the Pay Equity Act (chapter E-12.001);

(f)  section 139, 140 or 141 of the Act respecting labour standards (chapter N-1.1);

(g)  section 119 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) for a contravention of section 101 of that Act; or

(h)  section 235 of the Act respecting occupational health and safety (chapter S-2.1) or section 236 of that Act for a contravention of section 30 or section 185 of that Act;

(4)  failed, during the 2 years preceding the application, to comply with the conditions relating to a previous temporary or permanent employment offer; or

(5)  operates an enterprise whose activities consist in offering personnel placement or leasing services and the employment offered is for providing a worker required to meet the temporary workforce needs of a client, another person or a public body under a contract entered into with the latter.

O.C. 963-2018, s. 99.