Worker Recruitment and Protection Regulation

Worker Recruitment and Protection Regulation, M.R. 21/2009 The Worker Recruitment and Protection Act , C.C.S.M. c. W197 Regulation 21/2009 Registered February 3, 2009 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Child performers: children who are exempted 3 "Family member" — expanded definition 4 Foreign worker exclusions 5 Repealed 6 Qualifications re foreign worker recruitment 7 Applying for a licence 7.1 Repealed 8 Application — foreign worker recruitment licence 9 Security: foreign worker recruiter 10 Licence fees 11 Licence renewals 12 Employer's application to register to recruit foreign workers 13 Terms and conditions: child performer recruitment 14 Registered employers of foreign workers 15 Maintenance of records 15.1 When temporary help agency may charge fee 16 Public registry 17 Coming into force INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Worker Recruitment and Protection Act . («  Loi  ») "criminal record check" means a record obtained from a law enforcement agency about a person stating whether or not the person has any conviction or has any outstanding charge awaiting court disposition under any federal or provincial enactment. (« relevé des antécédents judiciaires ») Child performers: children who are exempted 2 A child who is a member of the Alliance of Canadian Cinema, Television and Radio Artists (ACTRA) is not a child performer for the purpose of the definition "child performer" in section 1 of the Act, provided that the child is performing work at a workplace where ACTRA is the child's bargaining agent. "Family member" — expanded definition 3 For the purpose of clause (d) of the definition "family member" in section 1 of the Act, a person is a family member of an individual if the person is (a) a brother, sister, step-brother, step-sister, uncle, aunt, nephew, niece, grandchild or grandparent of the individual or of the individual's spouse or common-law partner; (b) a parent of the individual's spouse or common-law partner; (c) a current or former foster parent of the individual or of the individual's spouse or common-law partner; (d) a current or former foster child, ward or guardian of the individual or of the individual's spouse or common-law partner; (e) the spouse or common-law partner of a person mentioned in any of clauses (a) to (d); or (f) any other person whom the individual considers to be like a close relative, whether or not they are related by blood, adoption, marriage or common-law relationship. Foreign worker exclusions 4 A foreign national who is authorized to work in Canada under one of the following provisions of the Immigration and Refugee Protection Regulations , SOR/2002-227, is exempt from the definition "foreign worker" in section 1 of the Act: (a) section 186 (no permit required); (b) section 204 (international agreements); (c) section 205 (Canadian interests); (d) section 206 (no other means of support); (e) section 207 (applicants in Canada), except clause 207(a); (f) section 208 (humanitarian reasons). 5 [Repealed] M.R. 172/2018 Qualifications re foreign worker recruitment 6 To become licensed to engage in foreign worker recruitment, an individual must satisfy the director that he or she is a member in good standing of (a) the Law Society of Manitoba, a bar of another province or the Chambre des notaires du Québec; or (a.1) the Immigration Consultants of Canada Regulatory Council, incorporated under Part II of the Canada Corporations Act on February 18, 2011; (b) [repealed] M.R. 135/2011 . M.R. 135/2011 APPLICATIONS AND FEES Applying for a licence 7(1) A person applying for a licence to engage in a child talent agency business or child performer recruitment or, subject to section 11, the renewal of any such licence must (a) provide the person's name, address, phone number and e-mail address; (b) specify the type of licence to be applied for; and (c) specify the name, address, phone number and e-mail address of the person in whose name the application form is requested, if different than the person making the application. 7(2) [Repealed] M.R. 172/2018 7(3) A person applying for a licence authorizing the person to engage in a child talent agency business or child performer recruitment must also submit (a) a statutory declaration signed by the person declaring that the person's name has not been included in a register related to child abuse maintained by any level of government inside or outside of Canada; (b) a copy of the person's signed consent, in the form approved by the director, authorizing the director to obtain information or material from any person that the director has reason to believe can provide information or material relevant to determine whether the applicant meets the requirements to be licensed; and (c) if requested to do so by the director, a criminal record check. 7(4) If the person applying for a licence under this section is a corporation or partnership, each officer and director of the corporation, in the case of a corporation, or each partner in the case of a partnership, must file (a) [repealed] M.R. 172/2018 ; (b) the statutory declaration, the consent and the criminal record check, if requested, required under subsection 7(3), if the application is for a child talent agency business or child performer recruitment licence. M.R. 172/2018 7.1 [Repealed] M.R. 227/2014 ; 172/2018 Application — foreign worker recruitment licence 8(1) An individual applying for a licence to engage in foreign worker recruitment or, subject to section 11, the renewal of any such licence must provide (a) the individual's name, address, phone number and e-mail address; (b) if he or she is not self-employed, the name, address, phone number and e-mail address of the individual's employer; (c) his or her signed consent, in the form approved by the director, authorizing the director to obtain information or material from any person that the director has reason to believe can provide information or material relevant to determine whether the individual meets the requirements to be licensed; and (d) if requested to do so by the director, a criminal record check, 8(2) If an individual who files an application under this section is employed by another person, clauses (1)⁠(c) and (d) apply, with necessary modifications, to (a) the person who employs the individual, if the employer is a sole proprietor; (b) each officer and director of the corporation, if the employer is a corporation; or (c) each partner, if the employer is a partnership. Security: foreign worker recruiter 9 An irrevocable letter of credit provided by an individual who seeks to be engaged in foreign worker recruitment must be in the amount of $10,000. In lieu of an irrevocable letter of credit, cash in the amount of $10,000 may be deposited with the director. Licence fee 10 The fee for a licence is $100. Licence renewals 11(1) If there is no change in the information originally provided to the director in the application form or otherwise, a licensee may renew their licence by filing a statutory declaration to that effect and by paying a renewal fee of $100. 11(2) Unless the director is satisfied that the letter of credit submitted under section 9 by an individual engaged in foreign worker recruitment is automatically renewed, an application to renew such a licence must be accompanied by a letter of credit or other security that is satisfactory to the director and that meets the requirements of the Act and this regulation. Employer's application to register to recruit foreign workers 12 An employer must include the following information in an application to be registered to recruit a foreign worker: (a) the main duties of the position to be filled, and the corresponding National Occupation Classification Code; (b) the reasonable efforts taken by the employer to hire or train a Canadian citizen or permanent resident for the position; (c) the screening process to be used to determine that the worker can perform the duties of the position; (d) the anticipated starting date and duration of employment; (e) the location where the worker is to be recruited. OBLIGATIONS Terms and conditions: child performer recruitment 13 At least two weeks before advertising any audition, scouting or recruitment that the person intends to conduct in Manitoba, a person licensed to engage in child performer recruitment must file with the director (a) a written notice of the date, time and location where the audition, scouting or recruitment will occur; and (b) a copy of all advertising to be used to promote the activity, including (i) any advertisement on radio or television, on the Internet, in a newspaper, magazine or other periodical, or on a billboard, bus or other property normally used for commercial advertising, and (ii) any poster, leaflet, letter, card, sign or banner. Registered employers of foreign workers 14(1) An employer's registration to recruit a foreign worker is subject to the requirement that the employer, (a) upon employing a foreign worker and upon the request of the director, provide the director with the following information: (i) the foreign worker's name, address and telephone number, (ii) the foreign worker's job title and the location where he or she performs the majority of his or her employment duties; (b) upon request of the director, provide the director complete and accurate records respecting (i) any expenses incurred, directly or indirectly, by the employer in recruiting a foreign worker, (ii) any expenses incurred, directly or indirectly, by an employee of the employer who, on behalf of the employer, engages in activities to find one or more foreign workers for the employer, (iii) any contract or agreement under which the employer retains or directs an individual licensed to engage in foreign worker recruitment, and (iv) any contract or agreement that the employer has entered into with a foreign worker; and (c) maintain the records specified in clause (b) for at least three years after the records are made. 14(2) An employer's registration is valid for a period of 12 months, or such shorter period specified by the director. M.R. 172/2018 Maintenance of records 15(1) The following licensees or persons must maintain the records indicated: (a) a person engaged in an employment agency business, (i) a list of each person the agency sought to find employees for, (ii) a list of each individual the agency sought to find employment, (iii) for each person listed under subclause (i) or (ii), a listing of any fee paid or payable by the person, and (iv) a copy of each contract entered into by the agency respecting the finding of employees for an employer or employment for an individual; (b) a person engaged in a child talent agency business, (i) a copy of the work permit issued by the director for each child performer for whom the agency finds or attempts to find work, and (ii) a copy of each agreement entered into with respect to a child performer; (c) an individual engaged in foreign worker recruitment, (i) a copy of each agreement the individual has entered into respecting the recruitment of a foreign worker, and (ii) a list of every foreign worker recruited by the individual for employment in Manitoba; (d) a person acting as a temporary help agency, in respect of each assignment of a temporary help employee of the agency to perform work for a client: (i) a record of the name of the employee and the name of the client, (ii) a record of the dates on which the employee was assigned to work for the client, (iii) a copy of the contract or record of any non-written agreement between the agency and the client in respect of the employee. 15(1.1) For certainty, the records under subclause 15(1)⁠(d)⁠(iii) include any form of agreement respecting a client's obligation to pay or provide consideration to a temporary help agency if the client becomes the employer of a temporary help employee that the agency assigned to work for the client. 15(2) The records under subsection (1) must be maintained by a licensee or person required to keep records under this section for at least three years after the records are made. M.R. 227/2014 ; 172/2018 FEES REGARDING EMPLOYMENT OF TEMPORARY HELP EMPLOYEES BY CLIENTS OF TEMPORARY HELP AGENCIES When temporary help agency may charge fee 15.1(1) This section applies if (a) a temporary help agency's client becomes the employer of a temporary help employee who was previously employed by the agency and assigned by it to perform work for the client; and (b) the client becomes the employer no more than eight months after day the agency first assigned the temporary help employee to perform work for the client. 15.1(2) Despite clause 15.1(2)⁠(d) of the Act, the temporary help agency may, in the circumstances described in subsection (1), (a) charge the client a fee that is no more than 20% of the annualized wages paid by the agency to the temporary help employee as a result of the employee being assigned to perform work for the client; or (b) if the temporary help employee's annualized wages exceed the amount equal to two times the Manitoba industrial average wage (as prescribed by regulation under The Employment Standards Code ), charge the client a fee that is not limited by clause (a). 15.1(3) To avoid doubt, subsection (2) does not permit the temporary help agency to charge a fee that is prohibited by clause 15.1(2)⁠(d) of the Act if the temporary help employee becomes employed by the client more than eight months after the day the agency first assigned the employee to perform work for the client. M.R. 227/2014 GENERAL Public registry 16 The public registry maintained by the director under section 27 of the Act must provide the business name under which each licensee operates and the expiry date of the licence. Coming into force 17 This regulation comes into force on the same day that The Worker Recruitment and Protection Act , S.M. 2008, c. 23, comes into force.