‘There is a significant number right now, where people are inappropriately using our immigration program’
A warning to HR professionals: Saskatchewan has secured its first conviction under the Foreign Worker Recruitment and Immigration Services Act (FWRISA), a case that shows provincial regulators are now pursuing charges to conviction rather than issuing warnings.
Dhyan Jeny Enterprises, operating as Guac Mexi Grill, pleaded guilty at Provincial Court in Moose Jaw to charging a foreign worker a fee for employment, contrary to section 23(5) of The Foreign Worker Recruitment and Immigration Services Act, 2013 (FWRISA), according to the Saskatchewan government. The offences occurred between August 2023 and February 2024.
The court imposed a $5,000 fine, a $2,000 victim fine surcharge, and ordered $12,000 in restitution to the affected worker. That restitution figure matches the amount the worker was alleged to have paid to keep their job.
The case stemmed from a complaint to Saskatchewan's Ministry of Immigration and Career Training alleging the worker was required to pay $12,000 to maintain employment, with continued employment tied to their pathway to permanent residence. An investigation followed, leading to charges under FWRISA, and the employer later pleaded guilty.
Why has the law changed?
The offences were prosecuted under FWRISA because they occurred before July 1, 2024, the Saskatchewan government said. FWRISA has since been repealed and replaced by The Immigration Services Act, 2024 (ISA), which the province describes as a significant strengthening of its compliance and enforcement framework.
Under the ISA, penalties for comparable conduct now reach up to $750,000 for individuals and $1.25 million for corporations, with the possibility of up to two years' imprisonment upon conviction — far exceeding the $5,000 fine issued in this case. The gap between the two penalty regimes reflects the province's stated intent to deter employer misconduct more aggressively going forward.
The Ministry said it continues compliance activities, investigations, and enforcement, and works with partner agencies to protect foreign workers from exploitation. It added that the ISA gives Saskatchewan enhanced authority to investigate immigration-related misconduct and hold non-compliant employers, recruiters, and consultants accountable.
No details on the worker's current employment or immigration status, nor names of individuals connected to the employer, were included in the release. The Saskatchewan government did not indicate whether further charges or investigations connected to this employer are pending.
Previously, Kevin Kielty – sole owner of an employment agency called One Team – was fined $70,000 and handed a two‑year probation order for violating the Immigration and Refugee Protection Act (IRPA).
A broader pattern of abuse
While the Dhyan Jeny case marks the first conviction under the legislation, Global News reported that some experts view it as one example of a wider pattern of employers abusing foreign worker programs.
Saskatchewan Immigration and Career Training Deputy Minister Greg Tuer told Global News that bad actors are drawn in wherever money is available within the immigration system. "There is a significant number right now, where people are inappropriately using our immigration program or committing fraud anywhere where there's money available people bad actors get involved," Tuer said, according to the report.
Tuer added that not every employer engages in this conduct, and that the Ministry is taking steps to address the issue, Global News reported. He also described the vulnerability newcomers face when navigating unfamiliar Canadian workplace laws and customs: "When they're working for a bad actor who's either not fully paying them for the job they're doing or withholding their documents or making them pay for the job, I think that's a tough position for someone to be in," he told the publication.
Employers using Canada’s Temporary Foreign Worker Program (TFWP) are facing unprecedented financial penalties and lengthy bans, even as the number of federal inspections has fallen. In the 2018–19 fiscal year, 74 companies were fined a total of $102,250 for breaking TFWP rules, CBC reported, citing data from Employment and Social Development Canada (ESDC). By last fiscal year, the number of sanctioned employers had nearly doubled to 147, while the total value of penalties skyrocketed to $4,882,500 — more than 45 times higher than seven years earlier.
In the 2024–2025 fiscal year, ESDC conducted 1,435 employer compliance inspections, identifying 10% of employers as non-compliant.
