Fraud harms genuine employers who rely on program to address legitimate labour shortages, says expert
Employers take note: Two Saskatchewan firms have been charged with multiple offences under provincial immigration and foreign worker protection legislation, adding to the number of bad actors exploiting the country’s immigration system.
None of the allegations have been proven in court.
Vikram Singh faces four charges under sections 22 and 23 of the Foreign Worker Recruitment and Immigration Services Act, 2013 (FWRISA), arising from alleged conduct at Taste of Battlefords in North Battleford between April 2024 and June 2024.
According to the Saskatchewan government, Singh is charged with:
- Charging a fee for employment as prohibited by section 23(5) of FWRISA, contrary to sections 40(1)(i) and 40(2).
- Misrepresenting employment opportunities, including misrepresentations respecting position, duties, length of employment, wages and benefits or other terms of employment as prohibited by section 22(b) of FWRISA, contrary to sections 40(1)(i) and 40(2).
- Threatening deportation or other action for which there is no lawful cause, as prohibited by section 22(d) of FWRISA, contrary to sections 40(1)(i) and 40(2).
- Taking unfair advantage of a foreign national's trust or exploiting their fear or lack of experience or knowledge as prohibited by section 23(5) of FWRISA, contrary to sections 40(1)(i) and 40(2).
In a separate case, Harinder Sachdeva has been charged with four offences under sections 22 and 23 of FWRISA, as well as two offences under sections 5‑1(d) and 5‑1(g) of The Immigration Services Act (ISA), contrary to sections 7‑6(1)(k) and 7‑6(2). The alleged offences occurred between April 2024 and July 2024 at Rick's Place and Taste of Battlefords in Humboldt and North Battleford.
The Saskatchewan government says Sachdeva is charged with the same offences as Singh.
Role of Program Compliance Branch
The Program Compliance Branch of the Ministry of Immigration and Career Training “works to protect immigrants and foreign workers in Saskatchewan,” the Saskatchewan government said in its statement.
The branch can be contacted at [email protected] or 306‑798‑1350 “if you have questions about the ISA, believe your rights have been violated, or want to file a complaint about the immigration or recruitment process.”
The government adds: “You do not need permission from anyone to contact the Program Compliance Branch, and all your information will be kept confidential.”
The province also noted that, while the ISA and FWRISA “specifically protect against the unique situations that immigrants and foreign workers may find themselves in,” all workers in Saskatchewan “whether Canadian citizens or permanent and temporary residents are protected by employment standards and occupational health and safety provisions within The Saskatchewan Employment Act.”
A United Nations (UN) official previously said that Canada’s Temporary Foreign Worker Program “serves as a breeding ground for contemporary forms of slavery, as it institutionalizes asymmetries of power that favour employers and prevent workers from exercising their rights”.
Impact of immigration fraud on employers
According to a report from the Canadian Immigration Lawyers Association titled i, immigration fraud “has been increasingly manipulated” through “fraudulent” Labour Market Impact Assessments (LMIA), “where employers or intermediaries falsely advertise positions or fabricate job offers,” often charging foreign workers “exorbitant fees for access to these fake LMIAs.” Workers may arrive to find the promised job does not exist or is very different from what was described, leaving them vulnerable and afraid to seek legal recourse.
The report stresses that LMIA misuse “has far‑reaching consequences.” Fraud “harms genuine employers who rely on the program to address legitimate labour shortages, as well as Canadian workers whose opportunities may be overshadowed by fraudulent practices.”
When fraudulent LMIA schemes create fake or sham jobs, or when workers are brought in under false pretences, it:
- Skews labour‑market signals and undercuts employers who follow the rules
- Creates unfair competition from businesses cutting corners on wages, safety and standards
- Fuels political and public backlash against the Temporary Foreign Worker (TFW) and international student systems that compliant employers depend on
Overall, 44% of Canadians support phasing out the TFWP, while 30% are opposed and 18% are neutral or undecided
