Protection for Immigrants and Foreign Workers

The Immigration Services Act (ISA), came into force on July 1, 2024, and replaced The Foreign Worker Recruitment and Immigration Services Act (2013). The Act protects foreign workers against exploitation; provides oversight of foreign worker recruiters, immigration consultants and employers; enhances the province’s ability to provide settlement services; and allows for increased investigative authorities and enforcement measures to tackle immigration fraud.

The Act:

• provides a process for persons to file a complaint related to the Act to the Program Compliance Branch with “source privilege” to safeguard the identities of complainants. The identity of a complainant will not be disclosed without the prior written consent of the complainant.
• requires immigration recruiters and immigration consultants to be licensed with the Government of Saskatchewan, 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;
• requires employers to be registered with the Government of Saskatchewan;
• forbids recruitment fees or costs being charged to foreign workers;
• forbids unethical conduct against foreign workers/immigrants, such as withholding documents or other property, threatening deportation or providing false information;
• prohibits situations in which foreign worker recruiters, immigration consultants, or employers use any information, documentation, or decisions provided for or by a selection program as leverage for financial gain. In situations where an employer received payment from a foreign worker for a job offer or approval/support for an immigration program, the employer may be ordered to provide compensation to the worker;
• allows foreign workers and immigrants to seek compensation if they incur costs resulting from violations of the Act; and
• allows for fines and penalties to be given. This may include:
  • 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.
  • administrative penalties up to $200,000 for an individual or up to $400,000 for a corporation.

Watch this video to learn about new employer roles and responsibilities.

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 they 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.

Employers can recommend an immigration consultant to a foreign worker, but immigrant applicants are free to choose their own immigration consultant, or they can also choose to complete the immigration process without the services of a consultant. If a foreign worker chooses to use an immigration consultant, and that same immigration consultant acts as a foreign worker recruiter on behalf of the employer, that must be disclosed to the foreign worker.

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.

The ISA helps ensure immigration consultants and recruiters conduct business in an ethical manner. These representatives must be licensed under ISA before they can practice in Saskatchewan.

Exemption: Lawyers who are in good standing in a provincial or territorial law society in Canada don't need to be licensed or be members of the College of Immigration and Citizenship Consultants. However, lawyers who are recruiting foreign workers do need to be licensed as recruiters.

Learn about the responsibilities of immigration consultants and foreign worker recruiters.

Throughout the immigration or recruitment process, immigration consultants, recruiters and employers cannot:

• charge you to be recruited for a job. The employer must pay all recruitment costs;
• provide misleading or incorrect information about the job opportunity, fees, services, or any other aspect of the recruitment process;
• take your passport, work permit, any other legal documents or personal property;
• threaten deportation or other action without legal cause;
• communicate with your family members, relatives, or friends if you ask them not to do so; or
• refuse to recruit you for a Saskatchewan employer unless you purchase other services such as immigration consulting.

Immigration consultants must sign a contract with foreign workers. This contract must:

• Be easy to understand;
• List all the services and their costs; and
• Describe any added expenses you will be expected to pay. You don't have to pay for services not identified in the contract.

Once a foreign worker enters Canada and is working in Saskatchewan, they will have the same protection other employees receive under provincial labour laws such as The Saskatchewan Employment Act.

Learn more about selecting an immigration consultant or recruiter, how to avoid fraud and other unethical practices on the website of Immigration, Refugees and Citizenship Canada.

Contact the Program Compliance Branch at pcb@gov.sk.ca or call 306-798-1350 if you:

• have questions about the ISA;
• believe your rights have been violated; or
• want to file a complaint about the immigration or recruitment process.

The Program Compliance Branch works to protect immigrants and foreign workers in Saskatchewan.

You do not need permission to contact the Program Compliance Branch and all your information will be kept confidential. They may also refer you to another agency that may be able to address your concerns better.