New foreign worker legislation takes hold in Saskatchewan

By Terry Davidson ·

Law360 Canada (July 3, 2024, 3:49 PM EDT) -- The start of July saw new laws in Saskatchewan aimed at better protecting foreign workers from “exploitation” and enhancing the monitoring of the province’s immigration system.

On July 1, Saskatchewan’s Immigration Services Act came into force, replacing the province’s Foreign Worker Recruitment and Immigration Services Act, thus “bringing all authorities related to immigration in Saskatchewan under one piece of legislation.”

The change, states a news release, “will enable the province to respond to changing needs in the immigration system and will streamline the process for employers recruiting internationally.”

“This new legislation is crucial to ensure that Saskatchewan can attract and retain the labour force required to support its growing economy and vibrant communities.”

It goes on to state that the new legislation will better protect foreign workers against exploitation; enhance oversight of “foreign worker recruiters, immigration consultants and employers”; and give the province “increased investigative authorities and enforcement measures” in dealing with immigration fraud.  

As for the aspect of immigration fraud, the new laws provide for “the highest fines for violations in the country.”

“With stronger legislation, the province will be able to deter fraud more effectively, streamline its operations, and improve processing times, resulting in a more efficient and effective immigration system,” it states.

Jeremy Harrison, Saskatchewan’s minister of immigration and career training, said in a statement that the province “continues to attract newcomers from all over the world,” and that they “are essential to growing the economy and filling our province’s labour market needs.”

“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,” he said.

According to additional information from Saskatchewan’s government, the province is responsible for administering the Saskatchewan Immigrant Nominee Program (SINP), which oversees most of the immigration into the province.

The SINP is involved with “verifying the legitimacy and eligibility of businesses, job offers and immigration applications” and “ensuring safe workplaces for all workers, including foreign nationals.”

They added that the province “works closely” with federal entities such as Canada Border Services Agency, Immigration, Refugees and Citizenship Canada and Social Development Canada “to ensure that foreign workers are protected from exploitation.”

Examples of foreign worker exploitation include the use of any immigrant information or documentation as leverage for personal gain, misrepresenting employment opportunities, threatening retribution for a foreign national’s participation in an investigation, and taking unfair advantage of a foreign national’s trust or exploiting their fear or lack of experience. 

In terms of streamlining the process for employers wanting to recruit foreign workers, the new legislation will have them apply directly to the Ministry of Immigration and Career training, rather than have to use the outgoing system of applying to both that ministry and the Ministry of Labour Relations and Workplace Safety.  

If you have any information, story ideas or news tips for Law360 Canada, please contact Terry Davidson at t.davidson@lexisnexis.ca or 905-415-5899.