Employers beware – Enforcement under Saskatchewan’s foreign worker protection legislation on the rise

This article was drafted with the assistance of Alyssa Recollet, an articling student in our Saskatoon office.

Foreign worker management has always come with extra obligations and compliance rules for employers. Although compliance may not always be at the forefront of every employer’s mind, it is something that must be considered with enforcement and prosecution now on the rise.

In late 2025, the first charges were laid for violating Saskatchewan’s provincial immigration and foreign worker protection laws. Now as 2026 gets into full swing, further charges are being laid against non-compliant employers, under both the new Immigration Services Act (“ISA”) and its predecessor, the Foreign Worker Recruitment and Immigration Services Act (“FWRISA”).

Though the FWRISA was recently replaced by the ISA, charges have also recently been laid under the prior legislation given the timing of the offences, which were alleged to have occurred prior to the ISA’s in-force date.

Specifically, in late 2025 charges were laid against three employers for the following offences:

• charging a foreign worker a fee or expense for employment;
• taking unfair advantage of a foreign national’s trust or exploiting a foreign national’s fear or lack of experience or knowledge; and
• taking action against, or threatening to take action against, a foreign worker for participating in an investigation, proceeding, or making a complaint to a government or law enforcement agency.

Each of these charges were laid under the ISA’s predecessor legislation, the FWRISA.

Now, in 2026, another Saskatchewan employer is facing the following charges under both the FWRISA and the ISA:

• producing or distributing misleading or false information;
• misrepresenting employment opportunities; and
• taking unfair advantage of a foreign national’s trust or exploiting a foreign national’s fear or lack of experience or knowledge.

Under the FWRISA, individuals can face a maximum fine of $50,000, a term of imprisonment of up to one year, or both, while corporations are subject to maximum fines of $100,000.

The ISA has drastically increased these penalties: individual offenders now face anywhere from a maximum fine of $750,000 to imprisonment for up to two years, or both, while corporations may be issued a maximum fine of $1.25 million.

Offences under the Immigration Services Act

Offences that occurred after the ISA came into effect on July 1, 2024, will be charged under the ISA. The ISA sets out a host of offences employers must be mindful of, including:

• failing to provide or complete any information needed by a notice or document that is required by the ISA;
• failing to provide information required by the ISA;
• making or signing a false statement or provide false, misleading, or inaccurate information to the director or the director’s delegate, to an enforcement officer, to the minister, or to any employee of the ministry concerning information required by the ISA;
• omitting a fact that is required to be stated or necessary to make a statement not misleading that was made to the director or the director’s delegate, an enforcement officer, or an employee of the ministry;
• mutilating, destroying, altering, or failing to retain records required to be retained by the ISA;
• failing to produce any records that are required to be retained under the ISA to a person that can inquire into, inspect, examine, or audit the records;
• failing to provide reasonable assistance when required for aiding in the conduct of inquiry, inspection, examination, or audit;
• unlawfully obstructing or interfering with the director or a person authorized by the director while making an inspection, inquiry, examination, or audit;
• unlawfully obstructing or interfering with the director or a person authorized by the director while carrying out duties under the ISA or a warrant under section 7-3 of the ISA;
• counselling others to commit offences;
• failing to report significant changes in circumstances when required; or
• failing to comply with any provision of the ISA, the Immigration Services Regulations (the “Regulations”), the Employer Code of Conduct (the “Code”), any undertakings, or an order made pursuant to the ISA.

Code of Conduct for registered employers

Registered employers must also adhere to the Code to avoid penalties under the ISA. The Code establishes the standards of professional conduct for employers. The Code prohibits employers from:

• engaging in unlawful activity;
• providing advice or creating false expectations that would lead a foreign national to divest assets, quit their job, or relocate without certainty of the right to work in Canada; or
• engaging knowingly in illegitimate schemes with other parties, including licensed foreign worker recruiters, licensed immigration consultants, or unlicensed persons for monetary gain or coerced labour benefits from a foreign national.

Further, the Code outlines a number of professional responsibilities that every employer is obligated to carry out. These include:

• maintaining clear and ethical employment practices;
• keeping strictly confidential all information related to a foreign national’s job application;
• providing truthful, accurate, and complete information in all communication with the foreign national and any federal or provincial governmental agency;
• ensuring the authenticity of documents and information provided to the immigration minister;
• ensuring candidates who receive job offers have the skills and abilities to perform the job offered;
• ensuring that the conditions of the employment contract with the foreign national are met;
• if the foreign national does not have a work permit at the time for hiring, ensuring they apply immediately for a work permit;
• ensuring the foreign national hired begins working as soon as they are lawfully able; and
• if the employer uses an immigration consultant or foreign worker recruiter, ensuring they are properly licensed in accordance with the ISA and Regulations.

Takeaways for employers

With charges now being laid under the ISA, employers should be aware more than ever that there are increased penalties under the ISA. Employers should ensure that they are acting in compliance with the ISA, the Regulations, and the Code to avoid the significant penalties this new legislation provides for.

In order to do this, employers should proactively review their foreign worker management practices and ensure they understand their compliance obligations under the ISA and Regulations.

Employers may also wish to implement workplace policies and guidelines regarding foreign worker management, support, and vetting processes to help proactively ensure compliance with the ISA, its Regulations, and the Code.

Finally, employers should be aware of the possibility of inspections, audits, or charges under the ISA, and ensure they are engaging competent legal counsel to assist them in managing the real life ramifications that noncompliance issues may have on their business.

For guidance on compliance with the ISA, developing policies, and other immigration related issues, contact a member of MLT Aikins Immigration team today.

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