Fines can now reach $750,000 for individuals and $1.25 million for corporations

This month, the Saskatchewan government announced that one company had been convicted and another had been charged with violating provincial laws designed to protect vulnerable foreign workers from abuse and exploitation.

Such charges have been rare in the past.

The Foreign Worker Recruitment and Immigration Services Act (FWRISA) was in place for 11 years before producing a single conviction. It was replaced in 2024 by the Immigration Services Act (ISA).

Is Saskatchewan seeing an increase in foreign worker exploitation, or are enforcement efforts paying off?

What are FWRISA and ISA?

The Foreign Worker Recruitment and Immigration Services Act (FWRISA) was enacted in 2013 to protect foreign workers and immigrants from exploitation and mistreatment during the job recruitment and immigration process.

Greg Tuer, the province's deputy minister of immigration and career training, said that in the early stages, the legislation was split between the immigration and labour ministries, and that “2013 was a very different time."

The Immigration Services Act (ISA) broadens oversight of employers, immigration consultants and recruiters, Tuer said.

“In 2024 we were experiencing a growing demand for immigration. We really just brought all of the authorities related to immigration under under one piece of legislation."

Since 2022, the province has suspended or cancelled 79 businesses' certificates to hire foreign workers due to violations of the FWRISA or ISA, without prosecuting them. The types of businesses include restaurants, delivery companies, janitorial companies and construction companies in communities all over the province.

The Ministry of Immigration and Career Training says that since the ISA was introduced in 2024, the number of complaints filed about immigration-related fraud has risen significantly.

After 11 years under the old legislation, ministry staff's experience dealing with cases also increased, creating the need for an update in the legislation, Tuer said.

Investigative authority for the ministry's officers has been expanded, and violations can now be considered criminal rather than just administrative.

Potential fines have also increased, to $750,000 from $50,000 for individuals and to $1.25 million from $100,000 for corporations.

On Aug. 13, Dyan Jeny Enterprises, which operates as Guac Mexi Grill in Moose Jaw, pleaded guilty to requiring a foreign employee to pay a fee to maintain their employment, under the FWRISA.

A judge ordered the company to pay a $5,000 fine, a $2,000 victim surcharge and $12,000 in restitution to the affected worker.

The relatively low fines in that case — because it was prosecuted under the old legislation — show the legislative changes were needed, Tuer said.

“There is a need to make sure that when we do find people who have contravened the legislation, that the penalties are appropriate."

What does the immigration trend show?

Richard Kurland, an immigration lawyer and policy analyst, said an increase in exploitation of foreign workers would be unsurprising, given the surging immigration numbers in recent years.

“As the government deals with large volumes of people, it is no surprise to see a couple cases where foreign nationals are vulnerable, exploited, and taken advantage of,” Kurland said.

Immigration, Refugees and Citizenship Canada approved 1,136 new nominations for 2025 last August, bringing the province's total allocation under the Saskatchewan Immigrant Nominee Program (SINP) to 4,761 from 3,625.

Bhavan Baggi, a lawyer who specializes in immigration law in Saskatchewan, defended the employer in the Moose Jaw case and is set to defend the other employer who was charged this month.

Syed Taha Rizvi and a business are charged with eight offences under both the FWRISA and the ISA. The alleged offences — taking unfair advantage of a foreign national's trust and charging a fee or expense to a foreign worker for employment — are said to have taken place at the Swift Current Husky Travel Centre.

The next scheduled court appearance in that case is Sept. 16 in Swift Current provincial court. Baggi said his client will plead not guilty.

Cases of employers being accused of running afoul of immigration-related laws have increased markedly since the COVID-19 pandemic, Baggi said.

Governments have developed layers of protection to prevent employer abuse for foreign workers as immigration levels ramped up, Kurland said.

“The key here is the obligation on the part of Canada to take care of our visitors."

Does protection look the same for everybody?

Andrew Stevens, a professor and researcher at the University of Regina who specializes in migrant labor policies, noted both recent cases in Saskatchewan have something in common: they happened in smaller communities, not the two largest cities.

“Perhaps [the workers'] precarity and their uncertainty is amplified simply because there's more chance of isolation,” he said.

Isolation acts as a deterrent for foreign workers to raise a complaint, Stevens said.

He also said many cases of foreign worker abuse go unreported.

“Some would suggest that the number should be greatly amplified if we're thinking of the actual instances of threats or force or coersion by employers against workers,” Stevens said.

“I guarantee you they're happening, and they’re happening far more often than we're actually seeing in the press."

The Regina Open Doors Society offers programs that can help foreign workers understand their rights.

In a statement, it said cases like the two recently reported ones are an important reminder that workers need access to clear, trusted information about their rights and the resources available to them. Many rural communities still lack places to find that information.

Tuer said the province is aware of shortcomings in smaller centres and is working collaboratively to amplify its reach.

“We're meeting with stakeholder associations. We're making sure we’re using every mechanism we can to get information out to employers and workers about what is covered under the law,” he said.

Reporting employer abuse is not easy, Kurland said. The process can cause financial strain, severe stress, aggravation and a sense of shame.

For many workers, their job is linked to their immigration status and raising a complaint becomes harder under the fear of facing deportation, he said.

“That creates a bit of uncertainty and fear.”

What does this mean moving forward?

When prosecutions against employers are made public, governments get an opportunity to show potential consequences for breaking the rules, Kurland said.

According to Baggi, the outcome of Moose Jaw case is a warning to employers to be vigilant about the province's laws and regulations as they hire and retain foreign workers.

Why foreign worker exploitation cases are making news in Sask.