Occasionally, a Canadian employer asks what are the ramifications of hiring a foreign national who either does not have a work permit or is authorized to work for some other company or person?
Under Sections 124(1) and 125 of the Immigration and Refugee Protection Act, there are serious consequences for any person who hires such a person.
Section 125 states:
A person who commits an offence under subsection 124(1) is liable
(a) On conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or
(b) On summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
The best approach for an employer, when hiring a foreign national, is to see (and to keep on file) a copy of the work permit to ensure that there is no restriction in hiring the foreign national.