Employers are seeing increased enforcement activity relating to the recruitment, hiring and employment of foreign workers in Saskatchewan. Since the province began actively prosecuting alleged violations under Saskatchewan's foreign worker protection regime in approximately 2025, multiple employers across a range of industries have faced charges, and August 2026 saw Saskatchewan's first conviction under its regulatory legislation.
The enforcement activity spans allegations involving the charging of prohibited employment-related fees, providing misleading or false information, misrepresentation of employment opportunities and taking unfair advantage of a foreign national’s trust or exploiting a foreign national’s fear, lack of experience or knowledge.
Increasing Enforcement Activity
Over the past year alone, Saskatchewan has announced several investigations and prosecutions involving employers in a variety of sectors, including food service, transportation, fuel and retail operations and agricultural operations.
Recent charges were announced in September 2026 involving trucking industry employers in Regina, including allegations involving false, misleading, or inaccurate information, misrepresentation of employment opportunities and taking unfair advantage of foreign nationals.
The enforcement trend appears to be accelerating, with several charge announcements occurring throughout 2026.
Saskatchewan's First Conviction
On August 13, 2026, Saskatchewan announced its first conviction under The Foreign Worker Recruitment and Immigration Services Act, SS 2013, c F-18.1 ("FWRISA"). The conviction involved a Moose Jaw restaurant operator that pleaded guilty to charging a foreign worker an employment-related fee. According to the statements by the Saskatchewan Ministry of Immigration and Career Training, the charges resulted from an investigation into allegations that a foreign worker was required to pay $12,000 in connection with maintaining employment and the worker's continued employment was connected to their pathway toward permanent residency. The employer pleaded guilty and was ordered to pay a $5,000 fine, a $2,000 victim surcharge, and $12,000 in restitution to the affected worker.
From FWRISA to The Immigration Services Act
Many of the recently announced prosecutions deal with alleged conduct that occurred before July 1, 2024 and therefore fall under FWRISA. However, Saskatchewan has since repealed FWRISA and replaced it with The Immigration Services Act, SS 2024, c 14 ("ISA").
The ISA prescribes additional obligations for employers, which includes abiding by a prescribed Code of Conduct. The ISA also significantly increases the potential consequences for non-compliance. Penalties for non-compliance with the ISA have been increased to a maximum of $750,000 for individuals and $1.25 million for corporations, as well as potential imprisonment of up to two years upon conviction.
A Broader Compliance Reminder for Employers
While the ISA is aimed specifically at protecting immigrants and foreign workers, many of the prohibited activities are broadly worded and may overlap with conduct that could also engage obligations under The Saskatchewan Employment Act, SS 2013, c S-15.1 (“SEA”), including employment standards requirements.
Additionally, compliance issues may be further investigated by federal authorities. Employer non-compliance with the federal Immigration and Refugee Protection Act, SC 2001, 27 or applicable provincial employment standards legislation such as the SEA, particularly under the Temporary Foreign Worker Program, may result in administrative monetary penalties of up to $100,000 per violation, to a maximum of $1 million per year, in addition to potential prosecution.
Employers should therefore view these developments not only as immigration-related enforcement matters, but also as part of a broader regulatory focus on workplace compliance.
For example, employers should be mindful of recent amendments to the SEA, which came into force January 1, 2026. These amendments are discussed in further detail in the posts below:
- New Amendments Tabled to The Saskatchewan Employment Act
- Key Changes to Saskatchewan's Employment Standards Regulations, 2025
As Saskatchewan continues to pursue investigations and prosecutions under the ISA, employers that recruit or employ foreign workers should expect ongoing scrutiny of recruitment practices, employment agreements (including any deviations from such agreements), employer communications, work schedules, wages, record-keeping and overall compliance with provincial workplace legislation.
For up-to-date advising or assistance, contact one of McDougall Gauley’s Immigration and Labour and Employment lawyers.
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