If the foreigner continues to work during the reinstatement period, he is in violation of the law and is subject to measures up to and including removal measures from Canada. The employer, on the other hand, faces a fine of up to $50,000 and two (2) years imprisonment or both, as it is deemed to know that the employer has made the necessary verifications to ensure that his employee holds the work authorizations required to hold the job.
A foreign worker who holds a valid work permit is covered in Quebec by the Act respecting industrial accidents and occupational diseases and the Labor Code, subject however to the existence of a collective agreement. In the event of a lay-off, he or she may apply for Employment Insurance benefits if the eligibility criteria are met in accordance with the Employment Insurance Act. Status in Canada remains valid until the end of the validity period of the work permit.
In order to be able to keep his/her job, to challenge the reason for his/her dismissal or to claim benefits as a foreign worker, the foreign worker must hold a valid work permit on the day the event occurred granting a right under the law providing the right to a challenge. Otherwise, the foreign worker is no longer a « worker » within the meaning of the law and therefore, cannot benefit from the indemnity provided by the applicable law.
Obtaining a new work permit after the date of the relevant issue (dismissal or accident) does not change the situation of the foreign worker. It is the fact of being an employee at the time of the event which gives an opening to keep one’s job, to grant a recourse to recover lost employment, to exercise a right to compensation in the event of a work-related accident or to obtain employment insurance benefits.