I-0.2, r. 4 - Regulation respecting the selection of foreign nationals

Section 50.1 Disposition versions

2012-09-01

50.1. The employment offered to the foreign national must comply with the following conditions:

(a)  the employment does not and is not likely to adversely affect the settlement of any labour dispute at the workplace where the foreign national would carry on the employment, or the employment of any person involved in the dispute, or to contravene the application of the Labour Code (chapter C-27);

(b)  the employment corresponds to the employer’s legitimate labour needs;

(c)  the employment comes directly from the employer who made the offer and who is able to comply with the conditions offered, in particular financially and physically;

(d)  the employment does not come from an employer on the list of employers provided for in subsection 6 of section 203 of the Immigration and Refugee Protection Regulations (SOR/2002-227);

(e)  the employment does not come from an employer who, during the 2 years preceding the application for a certificate of acceptance, has been condemned by a final decision of the Human Rights Tribunal for an application relating to discrimination or reprisals relating to employment or has been convicted of an offence against

i.  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;

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

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

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

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

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

vii.  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

viii.  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; and

(f)  the employment will likely result in a positive or neutral effect on the labour market in Québec, the Minister’s assessment being based on direct employment creation or employment retention, the development or transfer of skills or knowledge, or the filling of a labour shortage in the profession or trade concerned.

O.C. 263-2011, s. 2.