A restaurant company in Moose Jaw became the first to face conviction under Saskatchewan’s legislation protecting foreign workers, which has been reinforced with stricter penalties. Dyan Jeny Enterprises, operating as Guac Mexi Grill, admitted guilt in Moose Jaw provincial court for unlawfully charging a foreign worker a fee for employment between August 2023 and February 2024, as disclosed by the Ministry of Immigration and Career Training. The violations occurred before July 1, 2024, falling under the former Foreign Worker Recruitment and Immigration Services Act, which has been replaced by the Immigration Services Act. The updated law has bolstered the province’s compliance and enforcement mechanisms.
The charges against Dyan Jeny Enterprises stemmed from a ministry investigation into claims that the company required a foreign worker to pay $12,000 to retain their job, crucial for their Canadian permanent residency aspirations. In response, the court mandated the company to pay a $5,000 fine, a $2,000 victim fine surcharge, and $12,000 in restitution to the impacted worker. The Immigration Services Act, effective from 2024, imposes penalties of up to $750,000 for individuals and $1.25 million for corporations, with potential imprisonment of up to two years upon conviction.
The ministry emphasized that under the new legislation, Saskatchewan has expanded powers to probe immigration-related misconduct and hold non-compliant employers, recruiters, and consultants responsible. Workers who feel their rights have been infringed upon can discreetly contact the ministry’s compliance branch via email at pcb@gov.sk.ca or by calling 306-798-1350.