New regulations under province’s Immigration Services Act take effect

New provincial regulations under Saskatchewan’s The Immigration Services Act took effect Sept. 1.

With these new regulations coming into force, Saskatchewan's immigration system will have the highest level of program integrity “and set a new standard in Canada," said Jeremy Harrison, minister of immigration and career training.

The new regulations will protect newcomers to the province, he said, “and ensure we are able to attract and retain the labour force needed to grow our economy and support our strong and vibrant communities."

The new regulations repeal and replace The Foreign Worker Recruitment and Immigration Services Regulations and The Saskatchewan Immigrant Nominee Program Application Fee Regulations.

They introduce: 

• Administrative penalties which can be as high as $200,000 for individuals and $400,000 for corporations who are not in compliance with the Act and Regulations
• New eligibility requirements for immigration consultants, recruiters and employers recruiting internationally that will strengthen protections for workers
• A new code of conduct for registered employers and foreign worker recruiters
• New application fees for a foreign worker recruiter or immigration consultant license: $300 for a new license and $50 for renewal, which is required every two years

These new requirements complement the measures under the Act to combat fraud, including fines up to $750,000 for individuals and $1,250,000 for corporations.

The new regulations under The Immigration Services Act “demonstrate a strong commitment to workforce development while protecting the rights of employees," said Susan Ewart, Saskatchewan Trucking Association executive director.

"The trucking industry in general welcomes these regulations, which will help ensure a fair and supportive environment for all parties involved, allowing us to better meet the growing demand for skilled workers while maintaining the integrity of our industry."

Protection for foreign workers in Saskatchewan

Passed in the spring sitting of the Saskatchewan legislature, The Immigration Services Act took effect in July this year. It provides protection to foreign workers against exploitation and enhances the oversight of foreign worker recruiters, immigration consultants and employers.

Under the act, employers are responsible for:

• registering with the government of Saskatchewan's Program Compliance Branch, except:

- when hiring foreign nationals who hold open work permits

- when the employer is an agency of a foreign government (e.g., diplomatic posts).

• paying all costs of hiring foreign workers, including recruitment-related costs
• making sure the recruiters and immigration consultants you hire are licensed.

Current lists of Licensed Immigration Consultants and Licensed Foreign Worker Recruiters can be found on the Immigration Consultant and Foreign Worker Recruiter Licensing and Responsibilities page.

To support the implementation of the act, the Ministry of Immigration and Career Training has established the Program Compliance Branch. The branch investigates complaints and works to protect foreign workers in Saskatchewan while keeping information about the complainant confidential. 

The federal government recently announced that, effective Sept. 26 this year, it will refuse to process Labour Market Impact Assessments (LMIAs) in the low-wage stream of the TFW program in census metropolitan areas with an unemployment rate of 6% or higher.

The move has since faced lots of criticism from different stakeholders.