Saskatchewan Court Convicts Employer Under FWRISA for Charging Foreign Worker Fees

• Dhyan Jeny Enterprise, an employer operating as Guac Mexi Grill in Moose Jaw, pleaded guilty to breaching section 23(5) of the Foreign Worker Recruitment and Immigration Services Act, 2013.
• The conviction marks the first under Saskatchewan's previous foreign worker protection legislation.
• Saskatchewan's Immigration Services Act, 2024, has since repealed FWRISA and introduced enhanced penalties, including imprisonment upon conviction.

This conviction marks the first under Saskatchewan's previous foreign worker protection legislation.

A significant milestone has been reached in the enforcement of Saskatchewan's foreign worker protection laws, with the conviction of Dhyan Jeny Enterprise, an employer operating as Guac Mexi Grill in Moose Jaw. The company pleaded guilty to breaching section 23(5) of the Foreign Worker Recruitment and Immigration Services Act, 2013 (FWRISA), which prohibits employers from charging foreign workers employment fees or expenses. This conviction marks the first under Saskatchewan's previous foreign worker protection legislation.

The investigation into Dhyan Jeny Enterprise was sparked by a complaint alleging that a foreign worker had to pay $12,000 to stay employed, with continued employment serving as a condition of their permanent residence pathway. The Ministry of Immigration and Career Training investigated the matter, resulting in charges under FWRISA. The employer was fined $5,000, ordered to pay a victim fine surcharge of $2,000, and required to pay $12,000 in restitution to the impacted foreign worker.

The conviction comes as Saskatchewan's Immigration Services Act, 2024 (ISA), has since repealed and replaced FWRISA. The ISA came into force on July 1, 2024, and aims to strengthen compliance and enforcement by introducing maximum penalties of $750,000 for individuals and $1.25 million for corporations. Notably, the ISA also includes a provision for imprisonment upon conviction, with a maximum term of two years. This increased emphasis on accountability reflects the provincial government's commitment to protecting foreign workers and ensuring employers comply with the law.

The ISA is part of a broader effort to modernize Saskatchewan's immigration framework. The legislation seeks to assist authorities in investigating immigration-related misconduct and holding accountable those who breach the law. Employers, recruiters, and consultants must now be aware of the enhanced penalties under the ISA.

The conviction of Dhyan Jeny Enterprise serves as a warning to employers that breaching foreign worker protection laws will no longer be tolerated in Saskatchewan. The increased penalties under the ISA demonstrate the provincial government's commitment to protecting vulnerable workers and ensuring compliance with immigration regulations.

This development has implications for labour and employment law across Canada. As provinces continue to modernize their immigration frameworks, it is essential for employers to understand the enhanced penalties and consequences of non-compliance. Lawyers should be aware of these changes to advise clients accordingly.

Lawyers should be aware of the increased penalties under Saskatchewan's Immigration Services Act, 2024, which may include up to two years of imprisonment upon conviction for employers who breach foreign worker protection laws.

Source: Original reporting via Saskatchewan government news release