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The Worker Recruitment and Protection Act

S.M. 2008, c. 23

Bill 22, 2nd Session, 39th Legislature

The Worker Recruitment and Protection Act

DEFINITIONS
1 Definitions
LICENSING
2(1) Employment agency businesses must be licensed
(2) Child talent agency business must be licensed
(3) Child performer recruitment must be licensed
(4) Foreign worker recruitment must be licensed
(5) Exemptions
3(1) Licence application
(2) Licence application: foreign worker recruitment
4(1) Applicant to provide information
(2) Licence fee
5 Security: foreign worker recruiter
6(1) Investigations
(2) Corporations and partnerships
(3) Collection of information
(4) Verification of information
7(1) Terms and conditions of licence
(2) Duration of licence
(3) Licence not transferable or assignable
8(1) Change in business entity
(2) Sole proprietorships
(3) No application re foreign worker recruitment
9(1) Refusal to issue licence
(2) Where applicant is a corporation or partnership
(3) Notice of refusal
10(1) Cancellation or suspension of licence
(2) Notice of cancellation or suspension
(3) When cancellation or suspension becomes effective
REGISTERING EMPLOYERS OF FOREIGN WORKERS
11(1) Employer must register to recruit foreign workers
(2) Recruitment registration application
(3) Applicant to provide information
(4) Registration
(5) Term of registration
12(1) Refusal to register
(2) Notice of refusal
13(1) Cancellation or suspension of registration
(2) Notice of cancellation or suspension
(3) When cancellation or suspension becomes effective
WORK PERMITS FOR CHILD PERFORMERS
14(1) Work permit required for child performer
(2) Director may issue work permit
(3) Terms and conditions
OBLIGATIONS AND PROHIBITIONS
15(1) People seeking or finding employment may not be charged fees
(2) No charge for child talent agency services
(3) No charge for child performer recruitment
(4) Foreign workers not to be charged
(5) Fee for services
(6) Contract void
16(1) No recovery from foreign worker
(2) Exceptions
17 No reduction of wages etc. re foreign workers
ADMINISTRATION AND ENFORCEMENT
18(1) Duty to maintain records
(2) Records available in Manitoba
19(1) Authority to investigate non-compliance
(2) Powers
20(1) Order to recover prohibited amounts
(2) Order to enforce undertakings
(3) Enforcement when employer contravenes Act
(4) Use of proceeds of letters of credit
(5) Recovery same as recovering unpaid wages
(6) Director may determine amount
(7) Application
(8) Definition: "licensee"
21(1) Appeal of decision re licence or registration
(2) How to appeal
(3) Powers of court on appeal
22 Foreign worker not required to be party
23(1) Sharing information
(2) Forwarding report to professional regulatory body
GENERAL
24 Forms
25(1) Manner of service
(2) When order or notice mailed
(3) When order or notice sent electronically
26 Not compellable in civil proceeding
27 Public registry
28(1) Offences
(2) Penalty
(3) Directors and officers
29 Regulations
TRANSITIONAL PROVISIONS, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
30(1) Transitional — licensed employment agencies
(2) Definition: "former Act"
31 Repeal
32 C.C.S.M. reference
33 Coming into force