Alberta to introduce provincial immigration legislation

This Insight was prepared with the assistance of Terri-Lynn Mitchell, an Articling Student in our Saskatoon office.

Earlier this year, Alberta’s Immigration Oversight Act (the “Act”) (formerly Bill 26) received royal assent. It will come into force on proclamation, a date for which is yet to be set. The Act will expand Alberta’s oversight of immigration matters in the province through a new framework requiring employer registration and the licensing of recruiters and immigration consultants. This is similar to legislation already in place in Saskatchewan, British Columbia and Manitoba.

It also sets out a compliance regime, including offences and prohibited practices, applicable to employers, recruiters and consultants. The Act’s stated intention is to increase transparency, strengthen accountability and protect newcomers from exploitation. The Ministry of Jobs, Economy, Trade and Immigration will be responsible for the Act’s roll-out and administration.

Key features of the new regulatory framework

The Immigration Oversight Act will:

• Establish a registry for employers seeking to hire temporary foreign workers. This would require employers to register with the province before accessing certain federal temporary foreign worker programs, including those requiring a Labour Market Impact Assessment;
• Establish compliance obligations and prohibited practices that apply to employers, foreign worker recruiters and immigration consultants
• Require individuals acting as recruiters of foreign workers or as immigration consultants to hold a provincial licence
• Establish investigative powers to address potential contraventions of the Act
• Establish offences, administrative penalties and other enforcement measures for non-compliance, including monetary penalties and licensing or registration restrictions; and
• Establish a process for complaints regarding employers, recruiters or consultants where there is reason to believe they are in contravention of the Act and its regulations, along with a separate process for review of actions taken under the Act.

Prohibited activities

The Act will also set out a list of prohibited activities including:

• Providing job offers in exchange for payment and the collection of unauthorized recruitment fees
• Creating misrepresented or fraudulent employment opportunities; and
• Engaging in other conduct that tends to take advantage of a foreign worker’s limited experience with, or understanding of, the immigration system

Next steps

The Act will come into force by proclamation. Key aspects of the new regime, including the employer registry, licensing requirements and enforcement framework, will be established through future regulations. Employers who utilize temporary foreign workers should monitor further developments to ensure they are prepared for any new compliance obligations.

To learn more about how the Act could impact you and your organization, contact a member of the MLT Aikins Immigration team today.

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