A restaurant company in Moose Jaw has become the first to face conviction under Saskatchewan’s foreign worker protection laws, which have been recently strengthened with harsher penalties. Dyan Jeny Enterprises, operating as Guac Mexi Grill, admitted guilt in Moose Jaw provincial court for unlawfully charging a foreign worker fees for employment from August 2023 to February 2024, as per the Ministry of Immigration and Career Training.
The violations occurred prior to July 1, 2024, falling under the former Foreign Worker Recruitment and Immigration Services Act, which has now been replaced by the Immigration Services Act. The updated legislation has bolstered the province’s mechanisms for compliance and enforcement, noted the ministry.
The charges against Dyan Jeny Enterprises stemmed from a ministry probe into allegations that the company insisted a foreign worker pay $12,000 to retain their job, crucial for their Canadian permanent residency aspirations. As part of the court ruling, the company was fined $5,000, mandated to pay a $2,000 victim surcharge, and ordered to provide $12,000 in restitution to the impacted worker.
Under the new Immigration Services Act effective in 2024, individuals could face penalties of up to $750,000, while corporations could be fined up to $1.25 million, with the possibility of a two-year prison term upon conviction. The ministry emphasized that Saskatchewan now possesses enhanced powers to probe immigration-related misconduct and hold accountable non-compliant employers, recruiters, and consultants.
Workers who suspect their rights have been violated are encouraged to reach out to the ministry’s compliance division confidentially via email at pcb@gov.sk.ca or by phone at 306-798-1350.