An employer in Saskatchewan has become the first convicted under the province’s now-repealed foreign worker protection law after pleading guilty to charging a worker thousands of dollars to keep their job.
Dyan Jeny Enterprise, operating as Guac Mexi Grill in Moose Jaw, admitted in Provincial Court to violating the Foreign Worker Recruitment and Immigration Services Act, 2013 (FWRISA). The offenses took place between August 2023 and February 2024, before the law was replaced.
Worker paid $12,000 to stay employed
The investigation started after a complaint revealed a foreign worker had been forced to pay that amount to remain at the restaurant. Officials confirmed continued employment was tied to the worker’s permanent residence pathway, making the demand illegal under FWRISA’s Section 23(5), which bars employers from charging fees or expenses to foreign workers.
The court ordered the business to pay a $5,000 fine and a $2,000 victim fine surcharge. It also required full restitution of the money to the worker. This marked the first conviction under the law since its enactment.
The Ministry of Immigration and Career Training led the probe. Investigators found the payment was a condition of the worker’s job. Because the offenses occurred before July 1, 2024, charges were filed under FWRISA rather than its successor.
New law increases penalties for violations
Saskatchewan replaced FWRISA in July with the Immigration Services Act, 2024 (ISA), which imposes harsher penalties. Individuals now face fines up to $750,000, while corporations can be fined as much as $1.25 million. Convictions may also result in prison sentences of up to two years.
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The province stated the ISA provides stronger enforcement tools to address immigration-related misconduct. It holds employers, recruiters, and consultants responsible for breaches, aiming to prevent exploitation of foreign workers.
The change aligns with a broader trend across Canadian provinces to strengthen protections for temporary foreign workers. British Columbia recently proposed amendments to its Employment Standards Act and Temporary Foreign Worker Protection Act to simplify complaint processes. Federal efforts, such as the Pay Equity Act, have targeted wage disparities in federally regulated workplaces.
This case is unusual because it represents the first successful prosecution under Saskatchewan’s foreign worker law. While other provinces have similar rules, convictions are uncommon, often due to workers’ fears of retaliation or losing their immigration status. Saskatchewan’s decision to pursue charges—even after the law’s repeal—demonstrates a commitment to addressing violations regardless of timing.
The restitution order is significant. Many foreign workers who pay illegal fees never see their money again, as employers frequently avoid penalties or close their businesses. Here, the complaint led to full repayment, an outcome rarely seen in such cases.
Guac Mexi Grill remains open in Moose Jaw. The province did not say whether the worker still holds the job.
Similar issues have arisen in other legal battles, such as when sisters secured an out-of-province healthcare win, highlighting systemic challenges faced by vulnerable groups.
