Authored by Mackenzie Coleman, Law Student, University of Alberta, Faculty of Law
On July 1st, Saskatchewan’s Immigration Services Act came into force. The Immigration Services Act replaced the Foreign Worker Recruitment and Immigration Services Act. Now, all of the province’s immigration procedures fall under the Immigration Services Act. The provincial government hopes the new act will enhance “Saskatchewan’s ability to manage and monitor the immigration system and protect foreign workers from exploitation”.[1]
Foreign workers face a variety of different access to justice issues. These issues can be a result of “unfamiliarly with Canadian laws and individuals’ rights, unfamiliarity with basic Canadian customs and norms for everyday living, self-reported discrimination, [and] inefficient communication from the government and government agencies”.[2] As the number of foreign workers increase in Canada, different provinces are strengthening legislation to protect foreign workers.
The Immigration Services Act is meant to protect foreign workers as they enter Saskatchewan. The new legislation 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”.[3] Foreign workers reported having a limited knowledge on how to navigate the system to resolve problems and how to get help.
Saskatchewan’s goal with the Immigration Services Act is two parts. The first is to further the goals of The Foreign Worker Recruitment and Immigration Services Act which focuses on protecting foreign workers and immigrants from abuse by Saskatchewan employers – specifically during the recruitment process. The second goal is to grow the labour force to support the economy.[4] Saskatchewan hopes that this act will help the province reach 1.4 million people by 2030.[5]
Employers, under the Immigrations Services Act, may not:
- 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.[6]
One of the biggest changes is that the Saskatchewan government will have more power to investigate and enforce immigration fraud.[7] With the implementation of the Immigration Services Act, Saskatchewan will have the highest violation fines in the country. Now, “a person can be fined up to $750,000, and a corporation as much as $1.25 million, for violations such as providing misleading information or interfering with an audit related to the Act. Those are up from $50,000 and $100,000 respectively”.[8]
Some examples of exploitation of foreign workers 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”.[9]
The CEO of the Saskatoon Open Door Society, Ali Abukar, says that the act will strengthen Saskatchewan’s immigration retention rates. He says that the province need to work on “keeping immigrants or retaining immigrants for the long term, so we hope that will be improved by, maybe, some of the measures that are going to be taken here, or supported by this legislation”.[10] According to a recent Statistics Canada report, in 2012, 72.2 per cent of immigrants who came to Saskatchewan stayed at least five years, but in 2016, this number dropped to 57.9 per cent.[11] Immigration, now more than ever, is a “key contributor to Canada’s population growth, as the Canadian population continues to age and the fertility rate hit a record low”.[12] The government of Saskatchewan states that the Immigration Services Act is “crucial to ensure that Saskatchewan can attract and retain the labour force required to support its growing economy and vibrant communities”.[13]
Jeremy Harrison, minister of Immigration and Career Training, says that “this strengthened legislation will enhance Saskatchewan’s ability to protect foreign workers as they arrive in the province, streamlining processing for employers, and will set a new standard for program integrity in Canada”.[14] Harrison states that the non-compliant and exploitative employers will be punished through the new legislative system while compliant employers will be nominally affective.[15] The Immigration Services Act, according to Harrison, will offer foreign workers more services with the hope of increasing retention rates. She says the act is important “as the Government of Saskatchewan continues to push for more autonomy over immigration, including developing settlement services from the federal government to the province”.[16]
The new legislation will also allow the province to adapt to evolving needs within the immigration system and simplify the process for international recruitment.[17] Under the Immigration Services Act, employers will apply directly to the Ministry of Immigration and Career training. This is a more streamlined process than under the Foreign Worker Recruitment and Immigration Services Act which required employers wanting to recruit foreign workers to apply to both the Ministry of Immigration and Career and the Ministry of Labour Relations and Workplace Safety.[18]
Various immigration organizations endorse the new legislation. Victoria Flores, Communications Manager at the Regina Open Door Society states that the organization “is encouraged by the introduction of the new Immigration Services Act, which strengthens the framework of support for newcomers in Saskatchewan. … 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”.[19]
Canadian employers are continuing to increase the number of foreign workers they are hiring. Last year, there was double the number of Canadian employers who were allowed to hire through the Temporary Foreign Worker Program as compared to five years ago.[20] The Temporary Foreign Worker Program “allows Canadian employers to hire foreign workers to fill temporary jobs when qualified Canadians are not available”.[21]
Creating stronger legislation is one way to ensure that immigration law is fair and equitable in Saskatchewan. As more foreign workers enter the province, and the country, providing meaningful access to justice to immigrants is commendable.
[1] Jim Wilson, “Province’s immigration act comes into force” (4 July 2024), online: < https://www.hcamag.com/ca/specialization/employment-law/provinces-immigration-act-comes-into-force/495906>.
[2] Western Social Science, “NEST study highlights need for better access to justice for immigrants” (20 January 2022) online: <https://www.ssc.uwo.ca/news/2022/nest_study_highlights_need_for_better_access_to_justice_for_immigrants.html>.
[3] Ibid.
[4] Karthikeya Gautum, “Saskatchewan Introduces New Immigration Services Act” (5 July 2024), online: < https://www.immigration.ca/saskatchewan-introduces-new-immigration-services-act/>.
[5] Ibid.
[6] Supra note 2.
[7] Supra note 4.
[8] Dayne Patterson, “Sask. Newcomer support groups welcome province’s revamped immigration laws” (6 July 2024), online: < https://www.cbc.ca/news/canada/saskatchewan/sask-newcomer-support-groups-welcome-province-s-revamped-immigration-laws-1.7255894>.
[9] Terry Davidson, “New foreign worker legislation takes hold in Saskatchewan” (3 July 2024), online: <https://www.law360.ca/ca/accesstojustice/articles/1855109/new-foreign-worker-legislation-takes-hold-in-saskatchewan>.
[10] Supra note 8.
[11] Statistics Canada, “Provincial variation in the retention rates of immigrants, 2022” (14 February 2024), online: < https://www150.statcan.gc.ca/n1/daily-quotidien/240214/dq240214a-eng.htm>.
[12] Ibid.
[13] Supra note 9.
[14] Supra note 8.
[15] Saskatchewan, Legislative Assembly, Hansard, 29th Leg, 1st Sess, No. 33, (6 May 2024) at 602.
[16] Ibid.
[17] Supra note 9.
[18] Supra note 9.
[19] Nipun Taneja, “The Immigration Services Act Comes Into Force” (2 July 2024), online: < https://www.saskatchewan.ca/government/news-and-media/2024/july/02/the-immigration-services-act-comes-into-force>.
[20] Supra note 2.
[21] Government of Canada, “Temporary Foreign Worker” (9 March 2023), online: < https://www.canada.ca/en/employment-social-development/programs/temporary-foreign-worker.html>.
The views expressed in these blogs do not necessarily reflect the views of the Faculty of Law at the University of Manitoba and should not be construed as legal advice or endorsement.