The Roles of Foreign Worker Recruiters, Immigration Consultants

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Saskatchewan Regulation 70/2024 outlines changes to immigration services in the province, focusing on the roles of foreign worker recruiters, immigration consultants, and registered employers under The Immigration Services Act and The Executive Government Administration Act. This regulation emphasizes compliance, licensing, and ethical conduct in immigration processes. Formally titled “The Immigration Services Regulations,” it provides key definitions, clarifying that “Act” refers to The Immigration Services Act and identifies the “Saskatchewan Immigrant Nominee Program” (SINP) as the provincial program for managing immigration in accordance with the Canada-Saskatchewan Immigration Agreement of 2005.

The regulations specify licensing exemptions for certain individuals, particularly concerning family members of recruiters and specific educational institutions. For instance, those acting on behalf of regulated educational institutions or unions are exempt from certain licensing requirements when recruiting international students or affiliated union members. Applicants for licenses as foreign worker recruiters must not currently be or have been government employees within the last year. Immigration consultants must hold a license as Regulated Canadian Immigration Consultants and maintain active membership in the College of Immigration and Citizenship Consultants. Additionally, a non-refundable application fee of $300 is required for new applications, while a $50 renewal fee applies to license renewals. Contracts related to recruitment services must clearly state the prohibition against charging recruitment fees to foreign workers and include necessary contact information for the licensee. Licensees are required to maintain comprehensive records, including personal details of recruited foreign nationals, contracts, and financial transactions related to immigration services, ensuring accountability and transparency in recruitment practices. The regulations also introduce a “Code of Conduct” for foreign worker recruiters, emphasizing ethical behavior and professional standards, which also applies to immigration consultants.

Regarding registered employers, the regulations detail exemptions for those hiring foreign nationals with open work permits or those exempt from needing a work permit. However, employers hiring foreign nationals to support permanent residency applications must still comply with registration requirements. Employers seeking registration must provide evidence of their business’s operational history, including revenue, type, location, and employment statistics. They must demonstrate compliance with all relevant laws and possess the financial capacity to support the employment of foreign workers, including meeting specific criteria regarding the safety and availability of necessary equipment. Registered employers are also required to maintain records similar to those required for recruiters, such as contracts with foreign worker recruiters, job offers, applications for Labor Market Impact Assessments, and related documentation from Employment and Social Development Canada.

By setting clear guidelines and requirements, the regulation aims to ensure fair treatment of foreign workers and uphold the integrity of Saskatchewan’s immigration processes.

Saskatchewan (70/2024) September 6, 2024