Employer Non-Compliance
Employers agree to Terms and Conditions when they access the Saskatchewan Immigrant Nominee Program (SINP) to recruit and support an international worker. If there are grounds to believe that employer non-compliance has occurred, then our Program Compliance Branch (PCB) will undertake an investigation.
Reasons leading to this review may include, but are not limited to:
- fraudulent document(s);
- information that is misleading;
- important information that is required but was not disclosed;
- abuse and inappropriate use of the program; and/or
- contraventions of federal and provincial laws and policies related to immigration.
An investigation for non-compliance can take place at any stage of the SINP process and it may include reviewing all of the information that was provided in an Employer Position Assessment (EPA) or a past EPA as well as site visits, both scheduled and unannounced.
During an employer compliance review, or as a result of an investigation (criminal or related to fraudulent, unethical or illicit activities) from an external agency, pending EPAs submitted by an employer, as well as those submitted by affiliated employers, will be placed on hold until the review or investigation has been completed. Employer compliance reviews may be initiated where the Ministry of Immigration and Career Training has reason to believe non-compliance with conditions of the program may have occurred. Employer compliance reviews will be prioritized to ensure timely decisions. Before a determination is made on any non-compliance finding, the employer will be sent a Procedural Fairness Letter by email outlining the grounds that we have to believe that non-compliance has occurred.
- Upon receipt of the letter, the employer will have an opportunity to submit a response and related evidence within 10 days.
- Upon their response, the employer may be provided with 45 days to provide proof that they have come into compliance with the terms and conditions for their first incidence of noncompliance.
- A final decision will be made after the PCB considers the information provided by the employer in response to the Procedural Fairness Letter.
- If non-compliance is found to have taken place, and the employer fails to come into compliance, then the employer will be suspended from using the SINP for two to five years.
- Representatives and employers may also be subject to investigation or court ordered penalties under The Immigration Services Act.
- PCB decisions are not eligible for a second review.