بند 209.996 آیین‌نامه مهاجرت و حمایت از پناهندگان (IRPR)

(1)Subject to subsection (3), if an officer determines, on the basis of information obtained by any officer or the Minister of Employment and Social Development during the exercise of the powers set out in sections 209.6 to 209.8 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.2(3), (4) or (5) or 209.4(2), the officer must issue a notice of final determination to the employer.

Notice — issuance by Minister

(2)Subject to subsection (3), if the Minister of Employment and Social Development determines, on the basis of information obtained during the exercise of the powers set out in sections 209.6, 209.7 and 209.9 and any other relevant information, that an employer has committed a violation because that employer failed to comply with one of the conditions set out in the provisions listed in column 1 of Table 1 of Schedule 2 and the failure to do so was not justified under subsection 209.3(3), (4) or (5) or 209.4(2), that Minister must issue a notice of final determination to the employer.

Period

(3)An officer or the Minister of Employment and Social Development must not make a determination before the expiry of the period set out in subsection 209.994(1) or the period extended under subsection 209.994(3) as the case may be.

Content of notice

(4)The notice of final determination must include the following information:

Maximum amount within 12 months

(5)If the sum of the administrative monetary penalty amount described in paragraph (4)(c) and all previous administrative monetary penalty amounts provided for in notices of final determination issued to the employer in question within 12 months before the day on which the determination is made exceeds $1 million, then the amount of the penalty must be reduced by that excess.

Deemed receipt

(6)Despite section 9.3(2) of these Regulations and section 3 of the Electronic Documents and Electronic Information Regulations, a notice of final determination is deemed to have been received 10 days after the day on which it is sent.

Reduced period

(7)Despite subsection (6), if the notice of final determination is solely in respect of a failure to comply with any one of the conditions set out in the provisions listed in items 18 to 23 of Table 1 of Schedule 2, the notice is deemed to have been received five days after the day on which it is sent.