July 4, 2016 Edmonton, Alberta Canada Border Services Agency
On June 28, 2016, Marble Restaurants Ltd. in Edmonton plead guilty to employing a foreign national without authorization and failure to follow terms of a Labour Market Impact Assessment (LMIA), and was sentenced under the Immigration and Refugee Protection Act (IRPA).
Between February 2014 and April 2015, Marble Restaurants Director Shamez Jivraj employed a woman as a housekeeper and part-time caregiver in his home, despite having received authorization to only employ her as a food counter attendant at the restaurant. Jivraj did not adhere to hours or occupational role set out in the LMIA, but continued to pay the woman as an employee of Marble Restaurants Ltd.
Marble Restaurants Ltd. was sentenced to $14,000 in fines, and was ordered to pay an additional $3,500 in restitution to the victim.
- This is the third instance of significant IRPA charges in Edmonton this year – on May 20, 2016, Jennilyn Morris was sentenced to four years incarceration for charges under section 124 of the IRPA and on May 2, 2016, Yoo and Yoo Enterprises plead guilty to four counts under section 124 of the IRPA and were fined $36,000.
- Employers and employees are reminded that contraventions of IRPA regulations can lead to criminal prosecution.
“Employers who attempt to circumvent Canadian immigration laws and take advantage of vulnerable temporary foreign workers will be prosecuted to the full extent; this sentencing is evidence of that.”
Kim R. Scoville, Regional Director General, Prairie Region, Canada Border Services Agency
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Canada Border Services Agency