Saskatchewan’s Foreign Worker Recruitment and Immigration Services Act

21st Oct 2013 Comments Off on Saskatchewan’s Foreign Worker Recruitment and Immigration Services Act

As previously indicated in this blog post, the Government of Saskatchewan has taken an increasingly aggressive stance in combating immigration related abuses by consultants, recruiters, and employers.  The Government of Saskatchewan has faced difficulties in doing so (including pushback from the courts), however, because of the lack of a statutory framework.   It is therefore not surprising that on October 11, 2013, the Government of Saskatchewan proclaimed The Foreign Worker Recruitment and Immigration Services Act (the “Act“) and The Foreign Worker Recruitment and Immigration Services Regulations (the “Regulations“).

According to this news release by the Province of Saskatchewan, the Act and the Regulations will impact immigration consultants and employers of foreign workers as follows:

  • Require that immigration consultants be licensed and sign open and transparent contracts with employers and foreign nationals;
  • Require that employers of foreign nationals be registered;
  • Prohibit employers from charging or recovering recruitment fees from foreign nationals;
  • Prohibit unethical conduct against foreign nationals, such as withholding documents or other property, threatening deportation or providing misleading information;
  • Allow foreign workers and immigrants to seek compensation if they incur costs that are considered illegal under the Act; and
  • Allow fines to be levied of up to $50,000 for an individual and $100,000 for a corporation, and up to one year imprisonment, for those violating the Act.

The Act and the Regulations will also change the way that employment recruiters conduct business.  However, those changes are beyond the scope of this post.

Require That Immigration Consultants be Licensed

In addition to existing federal regulations requiring that immigration consultants be members of the Immigration Consultants of Canada Regulatory Council,

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