The Worker Recruitment and Protection Act

The Worker Recruitment and Protection Act, C.C.S.M. c. W197 (Assented to June 12, 2008) bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions LICENSING 2 Licences required 3 Licence application 4 Applicant to provide information 5 Security: foreign worker recruiter 6 Investigations 7 Terms and conditions of licence 8 Change in business entity 9 Refusal to issue licence 10 Cancellation or suspension of licence REGISTERING EMPLOYERS OF FOREIGN WORKERS 11 Employer must register to recruit foreign workers 12 Refusal to register 13 Cancellation or suspension of registration 13.1 Director may grant authorization WORK PERMITS FOR CHILD PERFORMERS 14 Work permit required for child performer OBLIGATIONS AND PROHIBITIONS 15 People seeking or finding employment may not be charged fees 15.1 Prohibition re actions of temporary help agency 16 No recovery from foreign worker 17 No reduction of wages etc. re foreign workers ADMINISTRATION AND ENFORCEMENT 18 Duty to maintain records 19 Authority to investigate non-compliance 20 Order to recover prohibited amounts 21 Appeal of decision re licence or registration 22 Foreign worker not required to be party 23 Sharing information GENERAL 24 Forms 25 Manner of service 26 Not compellable in civil proceeding 27 Public registry 28 Offences 29 Regulations REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 30 Repealed 31 Repeal 32 C.C.S.M. reference 33 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: DEFINITIONS Definitions 1 The following definitions apply in this Act. "child performer" means, subject to the regulations, a child under the age of 17 who (a) performs as an actor, extra, musician, singer, dancer or entertainer; or (b) performs as a model who is engaged to display or physically illustrate a product, idea or service. (« jeune artiste de spectacle ») "child performer recruitment" means the activities of auditioning, scouting or recruiting a child under the age of 17 for the purpose of referring the child to a person engaged in a child talent agency business. (« recruter des jeunes artistes de spectacle ») "child talent agency business" means the following activities that are carried out for a fee: (a) promoting a child performer; (b) finding, or offering or promising to find, work for a child performer. (« représenter des jeunes talents ») "client" means, in relation to a temporary help agency, a person who enters into an arrangement with the agency under which the agency agrees to assign or attempt to assign one or more of its temporary help employees to perform temporary work for the person. (« client ») "common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence. (« conjoint de fait ») "director" means the individual appointed or acting as the Director of Employment Standards under The Employment Standards Code . (« directeur ») "employer" has the same meaning as in subsection 1(1) of The Employment Standards Code . (« employeur ») "employment agency business" means the activities of finding individuals — other than child performers or foreign workers — for employment, or finding employment for such individuals. (« fournir des services de placement ») "family member" , in relation to an individual, means (a) a spouse or common-law partner of the individual; (b) a child of the individual or a child of the individual's spouse or common-law partner; (c) a parent or legal guardian of the individual or a spouse or common-law partner of the parent or legal guardian; and (d) any other individual who is a member of a class of individuals prescribed in the regulations for the purpose of this definition. (« membre de la famille ») "finding" includes assisting in finding. (« trouver ») "foreign worker" means, subject to the regulations, a foreign national who, pursuant to an immigration or foreign temporary worker program, is recruited to become employed in Manitoba. (« travailleur étranger ») "foreign worker recruitment" means the following activities, whether or not they are provided for a fee: (a) finding one or more foreign workers for employment in Manitoba; (b) finding employment in Manitoba for one or more foreign workers. (« recruter des travailleurs étrangers ») "licensee" means a person who holds a licence under this Act. (« titulaire de licence ») "officer" means an officer as defined in subsection 1(1) of The Employment Standards Code . (« agent ») "person" includes a partnership, union, organization and unincorporated association. (« personne ») "temporary help agency" means an employer who employs one or more individuals for the purpose of assigning them to perform temporary work for clients of the employer. (« agence de placement temporaire ») "temporary help employee" means an individual employed by a temporary help agency for the purpose of being assigned to perform temporary work for a client of the agency. (« employé temporaire » ou « employé ») S.M. 2014, c. 16, s. 2 . LICENSING 2(1) and 2(1.1) [Repealed] S.M. 2018, c. 29, s. 44 . Child talent agency business must be licensed 2(2) No person shall engage in a child talent agency business unless the person holds a licence under this Act that authorizes the person to do so. Child performer recruitment must be licensed 2(3) No person shall engage in child performer recruitment unless the person holds a licence under this Act that authorizes the person to do so. Foreign worker recruitment must be licensed 2(4) No person shall engage in foreign worker recruitment unless the person is an individual who holds a licence under this Act that authorizes him or her to do so. Exemptions 2(5) The following persons are not required to hold a licence under this Act: (a) an individual who, on behalf of his or her employer, engages in activities to find employees, including employees who may be foreign workers, for that employer; (b) a person who, without receiving a fee directly or indirectly, engages in activities to find employment for a foreign worker who is his or her family member; (c) an agency of the government or a municipality; (c.1) an individual authorized to recruit a foreign worker under section 13.1, in respect of the individual recruiting a foreign worker on behalf of the employer who was issued the authorization; (d) a person or class of persons exempt under the regulations. S.M. 2014, c. 16, s. 3 ; S.M. 2018, c. 29, s. 44 . Licence application 3(1) A person may apply, in a form approved by the director, for a licence authorizing the person to engage in (a) [repealed]  S.M. 2018, c. 29, s. 44 ; (b) a child talent agency business; or (c) child performer recruitment. Licence application: foreign worker recruitment 3(2) An individual may apply, in a form approved by the director, for a licence authorizing him or her to engage in foreign worker recruitment. 3(3) [Repealed] S.M. 2018, c. 29, s. 44 . S.M. 2014, c. 16, s. 4 ; S.M. 2018, c. 29, s. 44 . Applicant to provide information 4(1) When applying for a licence, the applicant must provide (a) the information required by the regulations or the application form; and (b) any additional information requested by the director. Licence fee 4(2) Before the director issues a licence, the applicant must pay the licence fee specified in the regulations. Security: foreign worker recruiter 5 Before the director licenses an individual to engage in foreign worker recruitment, the individual must provide (a) an irrevocable letter of credit from a financial institution that carries on business in Manitoba; or (b) a deposit of cash or securities acceptable to the director. The terms, conditions and amount of the letter of credit or other security must be satisfactory to the director and must meet the requirements of the regulations. Investigations 6(1) The director may make inquiries into and investigate the character, financial history and competence of an applicant for a licence as necessary to determine whether the applicant meets the requirements of this Act and the regulations. Corporations and partnerships 6(2) If the applicant is a corporation or partnership, the director may inquire into or investigate the conduct of the officers, directors or partners of the applicant. Collection of information 6(3) The director may (a) require information or material from any person who is the subject of the inquiry or investigation; and (b) request information or material from any person who the director has reason to believe can provide information or material relevant to the inquiries or investigations. Verification of information 6(4) The director may require that any information provided under subsection (3) be verified by statutory declaration. Terms and conditions of licence 7(1) The director may, if he or she considers it in the public interest to do so, impose terms or conditions on a licence at the time of issuing it, or at any other time by written notice to the licensee. A licence is also subject to any terms or conditions imposed by regulation. Duration of licence 7(2) A licence is valid for one year from the day it is issued. Licence not transferable or assignable 7(3) A licence is not transferable or assignable. Change in business entity 8(1) If there is a change in the officers, directors or partners of a licensee, the licensee may not continue to engage in activities under the licence unless the director consents to the continuation in writing. Sole proprietorships 8(2) If a licensee who is a sole proprietor dies or becomes incapable, the director may issue a temporary licence to permit the sole proprietor's business to be maintained or wound down. The temporary licence is valid for the period stated in the licence. No application re foreign worker recruitment 8(3) Subsection (2) does not apply to an individual licensed to be engaged in foreign worker recruitment. Refusal to issue licence 9(1) The director may refuse to issue a licence to an applicant if (a) the applicant provides incomplete, false, misleading or inaccurate information in support of the application; (b) the applicant fails to meet any qualification or satisfy any requirement of this Act or the regulations; (c) having regard to the past conduct of the applicant, there are reasonable grounds to believe that the applicant will not act in accordance with law, or with integrity, honesty or in the public interest, while carrying out the activities for which the licence is required; or (d) the applicant is carrying on activities that are in contravention of this Act, the regulations or the terms of the licence, or will be in contravention if the licence is granted. Where applicant is a corporation or partnership 9(2) The director may refuse to issue a licence authorizing a corporation or partnership to engage in a child talent agency business or child performer recruitment if, (a) in the case of a corporation, a director or officer of the corporation could be refused a licence under subsection (1); or (b) in the case of a partnership, a member of the partnership could be refused a licence under subsection (1). Notice of refusal 9(3) If the director refuses to issue a licence to an applicant, the director must give the applicant written reasons for the refusal, along with a notice that the refusal may be appealed in accordance with section 21. S.M. 2018, c. 29, s. 44 . Cancellation or suspension of licence 10(1) Subject to subsection (2), the director may cancel or suspend the licence of a licensee (a) for any reason for which the director may refuse to issue a licence to an applicant under section 9; (b) if the licensee fails to provide information requested by the director or required by the regulations; (c) if the licensee contravenes or fails to comply with this Act or the regulations; or (d) if the licensee contravenes or fails to comply with a condition of the licence. Notice of cancellation or suspension 10(2) If the director cancels or suspends a licence, the director must give the licensee written reasons for doing so, along with a notice that the cancellation or suspension may be appealed in accordance with section 21. When cancellation or suspension becomes effective 10(3) A decision to cancel or suspend a licence takes effect when notice of the decision is served on the licensee. REGISTERING EMPLOYERS OF FOREIGN WORKERS Employer must register to recruit foreign workers 11(1) No employer shall recruit a foreign worker without first registering with the director. Recruitment registration application 11(2) An employer may apply, in a form approved by the director, to be registered to recruit a foreign worker. Applicant to provide information 11(3) When applying to be registered, the employer must provide the following information: (a) the employer's name and address; (b) the business number assigned to the employer by the Canada Revenue Agency, if the employer has a business number; (c) the name and address of every individual who will be engaged, directly or indirectly, in foreign worker recruitment on behalf of the employer; (d) the information prescribed in the regulations respecting the position to be filled by a foreign worker; (e) any additional information that is required by the regulations or the application form, or requested by the director. Registration 11(4) Unless the application is refused under section 12, the director must (a) register the employer; and (b) provide the employer written notice of the registration and the date on which the registration expires. Term of registration 11(5) Subject to the regulations, a registration is valid for the period stated in the registration. Refusal to register 12(1) The director may refuse to register an employer if (a) the employer provides incomplete, false, misleading or inaccurate information in support of the application; (b) having regard to the past conduct of the employer, there are reasonable grounds to believe that the employer will not act in accordance with the law, or with the undertakings the employer has given in respect of employing a foreign worker; (c) an individual who will be engaged in foreign worker recruitment on behalf of the employer is required to hold a licence under section 2 but does not; or (d) there are reasonable grounds to believe that an employee who will be engaged in foreign worker recruitment on behalf of the employer will not act in accordance with law, or with integrity, honesty or in the public interest. Notice of refusal 12(2) If the director refuses to register an employer, the director must give the employer written reasons for doing so, along with a notice that the refusal may be appealed in accordance with section 21. Cancellation or suspension of registration 13(1) Subject to subsection (2), the director may cancel or suspend the registration of an employer (a) for any reason for which the director may refuse to register an employer under section 12; (b) if the employer fails to provide information requested by the director or required by the regulations; or (c) if the employer contravenes or fails to comply with this Act or the regulations. Notice of cancellation or suspension 13(2) If the director cancels or suspends an employer's registration, the director must give the employer written reasons for doing so, along with a notice that the cancellation or suspension may be appealed in accordance with section 21. When cancellation or suspension becomes effective 13(3) A decision to cancel or suspend an employer's registration takes effect when notice of the decision is served on the employer. Director may grant authorization 13.1(1) The director may, by written authorization, authorize an employer to engage an individual in foreign worker recruitment on the employer's behalf, even though the individual does not hold a licence to do so, if the director is satisfied that (a) the employer has applied to be registered to recruit a foreign worker and, except for the proposed use of the unlicensed individual to do the recruiting, the employer is qualified to be registered; and (b) the wages to be paid by the employer in respect of the position to be filled by a foreign worker will be at least two times the Manitoba industrial average wage, as prescribed by regulation under The Employment Standards Code . Effect of authorization 13.1(2) Despite any other provision of this Act, an authorization issued to an employer under this section (a) entitles the employer to be registered to recruit a foreign worker; and (b) authorizes the employer to use the individual named in the authorization to recruit a foreign worker on the employer's behalf, despite the individual not being licensed to do so under this Act. S.M. 2014, c. 16, s. 5 . WORK PERMITS FOR CHILD PERFORMERS Work permit required for child performer 14(1) No person engaged in a child talent agency business may find or attempt to find work for a child performer unless (a) the director has issued a work permit respecting the child performer; or (b) the regulations permit the child to work as a child performer without a work permit. Director may issue work permit 14(2) The director may issue a work permit authorizing a child to work as a child performer if the director has received an application that is (a) in a form approved by the director; and (b) signed by the child talent agency business and by a parent, guardian or other person having the care, custody or control of the child. Terms and conditions 14(3) A work permit issued under this section may include any terms or conditions the director considers appropriate, and may be revoked if the director is satisfied that any of the terms and conditions have not been met. OBLIGATIONS AND PROHIBITIONS People seeking or finding employment may not be charged fees 15(1) A person who is engaged in an employment agency business must not, directly or indirectly, charge or collect a fee (a) from an individual who is seeking employment or information about employers seeking employees; or (b) from an individual (i) for finding or attempting to find employment for the individual, or (ii) for providing the individual with information about any employer seeking an employee. No charge for child talent agency services 15(2) A person who is engaged in a child talent agency business must not, directly or indirectly, charge or collect a fee (a) from a child who is seeking (i) work as a child performer, or (ii) information about persons seeking to engage children to work as child performers; or (b) from a child (i) for attempting to find work for the child as a child performer, or (ii) for providing the child with information about persons seeking a child performer; or from a family member on behalf of the child. No charge for child performer recruitment 15(3) A person who is engaged in child performer recruitment must not, directly or indirectly, charge or collect a fee from a child performer, or from a family member on behalf of a child performer, for (a) auditioning, scouting or recruiting the child; or (b) referring the child to a person engaged in a child talent agency business. Foreign workers not to be charged 15(4) An individual who is engaged in foreign worker recruitment must not directly or indirectly charge or collect a fee from a foreign worker for finding or attempting to find employment for him or her. Fee for services 15(5) Despite subsections (1) and (2), a person engaged in an employment agency business or child talent agency business may charge and collect a fee for a service supplied to an individual as long as (a) paying for the service is not a condition of the person's acting for or on behalf of the individual; and (b) the regulations do not prohibit charging a fee for the service. Contract void 15(6) If a contract provides for the payment of a fee to a person who is prohibited by this section from directly or indirectly charging or collecting it, the contract is void. Prohibition re actions of temporary help agency 15.1(1) A temporary help agency must not (a) charge an individual a fee in connection with the individual becoming a temporary help employee of the agency; (b) charge a temporary help employee a fee in connection with assigning or attempting to assign the employee to perform work for a client or potential client; (c) charge a temporary help employee a fee in connection with the employee entering into an employment relationship with a client; or (d) charge a temporary help employee a fee or impose a restriction on a temporary help employee that is prescribed in the regulations as being prohibited from being charged or imposed. No restricting actions of clients 15.1(2) A temporary help agency must not (a) restrict any of its temporary help employees from becoming an employee of a client; (b) restrict a client from employing any of its temporary help employees; (c) restrict a client from providing a reference in respect of any of its temporary help employees; (d) subject to the regulations, charge a client a fee as a result of one or more of its temporary help employees becoming employees of the client; or (e) charge a fee to or impose a restriction on its client that is prescribed in the regulations as being prohibited from being charged or imposed. Client may recover prohibited fees 15.1(3) A client who pays a fee to a temporary help agency may recover the amount of the fee in a court of competent jurisdiction if the fee is prohibited from being charged under this section or the regulations. Inconsistent provisions of agreements void 15.1(4) A provision in an agreement between a temporary help agency and a temporary help employee or a client of the agency that is inconsistent with this section is void. Application 15.1(5) This section applies to any agreement between a temporary help agency and a client or temporary help employee of the agency, regardless of whether the agreement was entered into before or after October 1, 2014. Expanded meaning of "temporary help employee" 15.1(6) In this section, "temporary help employee" includes a prospective temporary help employee. S.M. 2014, c. 16, s. 6 . No recovery from foreign worker 16(1) No employer shall, directly or indirectly, recover from a foreign worker (a) subject to subsection (2), any cost incurred by the employer in recruiting the worker; or (b) any other amount, except an amount in respect of the reasonable monetary value of a good, service or benefit that (i) was given to the worker by the employer, (ii) was to the direct benefit or advantage of the worker, and (iii) was not required to be obtained by the worker as a condition of being employed, or if it was, the worker was not required to obtain it from the employer. Exceptions 16(2) An employer may sue to recover the employer's reasonable costs of recruiting a foreign worker from that worker if he or she fails to report for work or, having reported, (a) acts in a manner that is not condoned by the employer and that (i) constitutes wilful misconduct, disobedience or wilful neglect of duty, (ii) is violent in the workplace, or (iii) is dishonest in the course of employment; or (b) fails to complete substantially all of his or her term of employment with the employer. No reduction of wages etc. re foreign workers 17 An employer must not reduce the wages of a foreign worker, or reduce or eliminate any other benefit or term or condition of a foreign worker's employment that the employer undertook to provide as a result of participating in the recruitment of a foreign worker, and any agreement by the foreign worker to such a reduction or elimination is void. ADMINISTRATION AND ENFORCEMENT Duty to maintain records 18(1) A licensee and an individual authorized to recruit a foreign worker under section 13.1 must (a) in respect of the operations of the licensee or individual in Manitoba, prepare complete and accurate financial records, and maintain them for at least three years after the records are made; and (b) prepare other records and documents described in the regulations, and maintain them for the period specified in the regulations. Records available in Manitoba 18(2) The following must make the records referred to in subsection (1) available for inspection by an officer at a time and place, in Manitoba, specified by the officer: (a) a licensee; (b) a former licensee or a person whose licence has been cancelled or suspended; (c) an individual authorized to recruit a foreign worker under section 13.1. Records re temporary help agencies and employment agencies 18(3) A temporary help agency and a person engaged in an employment agency business must (a) prepare (i) complete and accurate financial records respecting their operations in Manitoba, and maintain them for at least three years after the records are made, and (ii) any other records and documents described in the regulations, and maintain them for the period specified in the regulations; and (b) make the records referred to in clause (a) available for inspection by an officer at a time and place, in Manitoba, specified by the officer. S.M. 2014, c. 16, s. 7 ; S.M. 2018, c. 29, s. 44 . Authority to investigate non-compliance 19(1) The director, or an officer authorized in writing by the director, may on his or her own initiative make any inspection or investigation that he or she considers necessary or advisable to determine whether this Act, the regulations or a term or condition imposed under this Act is being complied with. Powers 19(2) For the purpose of administering or enforcing this Act, the director and an officer authorized in writing by the director have the powers set out in section 120 of The Employment Standards Code . Order to recover prohibited amounts 20(1) If the director is satisfied that (a) a licensee, employment agency business, temporary help agency or an individual authorized to recruit a foreign worker under section 13.1 has collected a fee prohibited by section 15 or subsection 15.1(1); or (b) an employer has recovered an amount prohibited by section 16; the director may, by order, recover the amount from the licensee, employment agency business, temporary help agency or employer on behalf of the individual who paid it. Order to enforce undertakings 20(2) If the director is satisfied that an employer has reduced the wages of a foreign worker or reduced or eliminated a benefit or other term or condition of employment of a foreign worker contrary to section 17, the director may, by order, recover from the employer on behalf of the foreign worker (a) the amount by which the wages were decreased; or (b) the reasonable monetary value of the reduction or loss of the benefit or other term or condition of employment. Enforcement when employer contravenes Act 20(3) If an employer (a) recruits a foreign worker when the employer is not registered under this Act; or (b) uses an individual to recruit a foreign worker when the individual is required to hold a licence under this Act but does not; the director may, by order, recover from the employer on behalf of the foreign worker, any fee that the worker was required to pay to find employment with the employer. Use of proceeds of letters of credit 20(4) If the director makes an order under this section in respect of a licensee engaged in foreign worker recruitment, the director may, in accordance with the regulations, (a) declare the letter of credit, cash or other security provided by the licensee under section 5 forfeited; and (b) use the proceeds realized to reduce or satisfy the amount recoverable under the order. Recovery same as recovering unpaid wages 20(5) The amount ordered to be paid by a licensee, employment agency business, temporary help agency or employer under this section is a debt owing to the government and may be recovered by the director in the same manner, and with the same priority, as wages may be recovered under The Employment Standards Code . Director may determine amount 20(6) The director may determine the amount to be recovered by order under this section, in a reasonable and appropriate manner, if the director is unable to determine the amount recoverable because the person against whom the order is to be made has failed to (a) keep or maintain complete and accurate records; or (b) make the records available for inspection. Application 20(7) For the purposes of subsection (5), the provisions of The Employment Standards Code apply, with necessary changes, to an order made by the director under this section in the same manner as they apply to an order made by the director under clause 117(3)⁠(a) of the Code. Definition: "licensee" 20(8) In this section, "licensee" includes a person who formerly held a licence or whose licence has been cancelled or suspended. S.M. 2014, c. 16, s. 8 ; S.M. 2018, c. 29, s. 44 . Appeal of decision re licence or registration 21(1) A decision of the director to refuse, cancel or suspend a licence or registration may be appealed to a judge of the Court of King's Bench by the person who (a) applied for, or held, the licence; or (b) applied to be, or was, registered. How to appeal 21(2) An appeal to the court must be made by filing an application with the court within 14 days after a copy of the director's decision is served on the person appealing. As soon as practicable after filing the application, the person appealing must serve a copy of the application on the director. Powers of court on appeal 21(3) On hearing an appeal, the court may (a) set aside, vary or confirm the decision of the director; (b) make any decision that in its opinion should have been made; or (c) refer the matter back to the director for further consideration in accordance with any direction of the court. Foreign worker not required to be party 22 A foreign worker is not required to be a party in a proceeding in respect of an order, as provided for in subsection 20(7), or of an appeal under section 21. Sharing information 23(1) For the purpose of administering and enforcing this Act, the director may provide information collected or obtained under this Act, including personal information as defined in The Freedom of Information and Protection of Privacy Act , to a department of the government or a department or agency of the Government of Canada or of another province. Forwarding report to professional regulatory body 23(2) If the director considers that information collected under this Act in respect of an individual engaged in foreign worker recruitment, including personal information as defined in The Freedom of Information and Protection of Privacy Act , is relevant to any of the following persons or bodies, the director may report the information to the person or body: (a) The Law Society of Manitoba or the law society of another province; (b) the Canadian Society of Immigration Consultants; (c) any other person or body that governs or regulates the conduct of individuals who recruit or assist foreign workers entering Canada. GENERAL Forms 24 The director may approve forms for use under this Act and the regulations. Manner of service 25(1) A copy of an order or notice of decision required to be given to, or served on, a person under this Act may be served personally or by ordinary mail, e-mail, or fax, or by another method that allows proof of receipt. When order or notice mailed 25(2) An order or notice of decision sent by ordinary mail under subsection (1) to a person's last known address is deemed to be received on the seventh day after the day of mailing, unless the person to whom it is sent establishes that, acting in good faith, he or she did not receive the order or notice, or did not receive it until a later date, because of absence, accident, illness or other cause beyond his or her control. When order or notice sent electronically 25(3) Service by e-mail or by fax under subsection (1) is deemed to be received the day after it is sent or, if that day is a Saturday or holiday, on the next day that is not a Saturday or holiday, unless the person establishes that, acting in good faith, he or she did not receive the order or notice, or did not receive it until a later date, because of absence, accident, illness or other cause beyond his or her control. Not compellable in civil proceeding 26 The director and an officer are not compellable witnesses in a civil action or other proceeding to which the director or officer is not a party respecting any document or information obtained, received or made under this Act or regulations, and may not be compelled to produce such documents or information. S.M. 2026, c. 37, s. 85 . Public registry 27 The director must maintain a public registry, which may be in electronic form, containing the information prescribed in the regulations respecting licensees. Offences 28(1) A person is guilty of an offence who (a) contravenes a provision of this Act; (a.1) contravenes a provision of a regulation made under clause 29(e.1) or (e.2); (b) makes a false or misleading statement to the director or an officer acting under the authority of this Act; (c) destroys, mutilates, alters or fails to keep a record or document required to be kept under this Act or the regulations; or (d) hinders, obstructs or interferes with, or attempts to hinder, obstruct or interfere with, the director or an officer acting under the authority of this Act. Penalty 28(2) Every person who is guilty of an offence under subsection (1) is liable on summary conviction (a) in the case of an individual, to a fine of not more than $25,000; and (b) in the case of a corporation, to a fine of not more than $50,000. Directors and officers 28(3) If a corporation commits an offence under subsection (1), a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of the offence and is liable on summary conviction to a fine of not more than $25,000, whether or not the corporation has been prosecuted or convicted. S.M. 2014, c. 16, s. 9 . Regulations 29 The Lieutenant Governor in Council may make regulations (a) exempting children or classes of children from the definition "child performer" in section 1; (b) prescribing classes of individuals for the purpose of clause (d) of the definition "family member" in section 1; (c) exempting foreign nationals or classes of foreign nationals from the definition "foreign worker" in section 1; (d) respecting the issuance of licences under this Act, including prescribing (i) qualifications that a person must have to become a licensee, (ii) information, including personal information, that must be provided by a person applying for a licence, (iii) terms and conditions of licences, and (iv) the fees payable for licences; (e) respecting the duties of persons engaged in an employment agency business or a child talent agency business, or in child performer or foreign worker recruitment; (e.1) prohibiting fees or restrictions that a temporary help agency may charge to or impose on a temporary help employee or prospective temporary help employee; (e.2) for the purpose of subsection 15.1(2), regulating or prohibiting (i) fees that a temporary help agency may charge a client, including prescribing the maximum amount that may be charged in respect of one of its employees becoming employed by a client or the manner in which the maximum is to be calculated, and (ii) restrictions that a temporary help agency may impose on a client; (f) establishing grounds for cancellation and suspension of licences, (g) exempting persons or classes of persons from the requirement to hold a licence under this Act; (h) respecting a letter of credit or other security to be provided under section 5, including its form and amount, the conditions on which and manner in which it may be forfeited, and the disposition of the proceeds realized upon its forfeiture; (i) respecting the amount of cash that may be accepted under section 5 in lieu of a letter of credit or other security; (j) respecting the registration of employers who wish to recruit foreign workers, including establishing the term of such a registration; (k) prescribing work that a child performer may perform without a work permit; (l) prescribing services for which persons engaged in an employment agency business or child talent agency business may not charge a fee; (m) governing the documents, records and information that must be kept by licensees, temporary help agencies, persons engaged in employment agency businesses and individuals authorized to recruit foreign workers under section 13.1, including prescribing types and classes of documents, records and information, and time periods for retaining each type and class; (n) prescribing documents, records or information that must be provided to the director or an officer and respecting the time and manner in which they must be provided; (o) respecting information that an employment agency business must provide to a person when the agency refers him or her to an employer; (p) respecting any matter necessary or advisable to carry out the purposes of this Act. S.M. 2014, c. 16, s. 10 ; S.M. 2018, c. 29, s. 44 . REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE 30 [Repealed] S.M. 2018, c. 29, s. 44 . Repeal 31 The Employment Services Act , R.S.M. 1987, c. E100, is repealed. C.C.S.M. reference 32 This Act may be referred to as chapter W197 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 33 This Act comes into force on a day to be fixed by proclamation. NOTE: S.M. 2008, c. 23 came into force by proclamation on April 1, 2009.