Province's immigration act comes into force

"This strengthened legislation will enhance Saskatchewan's ability to protect foreign workers as they arrive in the province, streamline processing for employers, and will set a new standard for program integrity in Canada."

B.C.’s International Credentials Recognition Act (ICRA) also took full effect on July 1.

What is the Immigration Services Act?

The Immigration Services Act replaced The Foreign Worker Recruitment and Immigration Services Act.

It requires immigration recruiters and immigration consultants to be licensed with the Saskatchewan government, to post a financial security that may be used to compensate victims of violations, and to sign open and transparent contracts with employers and foreign workers/immigrants.

It also requires employers to be registered with the Saskatchewan government.

The act also forbids recruitment fees or costs to be charged to foreign workers, and forbids unethical conduct against foreign workers/immigrants, such as withholding documents or other property, threatening deportation or providing false information.

It also allows foreign workers and immigrants to seek compensation if they incur costs resulting from violations of the act.

It imposes the following penalties on recruiters: 

• the loss of an immigration consultant or recruiter's right to practice in Saskatchewan
• the loss of an employer's ability to hire foreign workers
• fines of up to $750,000 for an individual and $1,250,000 for a corporation.

Meanwhile, 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; or
  - 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; and
• making sure the recruiters and immigration consultants you hire are licensed. View current lists of Licensed Immigration Consultants and Licensed Foreign Worker Recruiters on the Immigration Consultant and Foreign Worker Recruiter Licensing and Responsibilities page.

Recently, a trades union called on the federal government to make improvements to the federal immigration system as it has “failed to address construction labour shortages”.

The Saskatchewan Immigration Services Act dictates that employers cannot:

• give misleading or incorrect information about the job opportunity;
• charge someone for a job offer or to support them in an immigration application;
• take the passport, work permit, or any other legal document or personal property of the foreign worker;
• withhold any information, correspondence or documentation in relation to an individual's immigration application;
• threaten to have the foreign worker deported;
• communicate with the foreign worker's family members, relatives, or friends if asked not to; or
• threaten to take action against a foreign worker for making a complaint or for participating in an investigation by government or law enforcement.

Violating employers can have their registration suspended or cancelled. They may also face fines of up to $750,000 for an individual; and up to $1,250,000 for a company.

"The Regina Open Door Society is encouraged by the introduction of the new Immigration Services Act, which strengthens the framework of support for newcomers in Saskatchewan," said Victoria Flores, Regina Open Door Society communications manager. "By enhancing regulatory oversight and legal protections, this act helps us better serve and safeguard the interests of those arriving in our province. Our commitment to facilitating a welcoming environment is bolstered by such comprehensive measures."

Canadian employers’ reliance on temporary foreign workers was on full display last year, when the number of employers allowed to hire workers through the Temporary Foreign Worker (TFW) Program more than doubled from five years ago.