CONTENTS
Standing Committee on The Economy
Bill
No. 158 — The Saskatchewan Commercial Innovation Incentive (Patent Box)
Amendment Act, 2024
Bill No. 160 — The Immigration Services Act
TWENTY-NINTH
LEGISLATURE
of
the
Legislative Assembly of Saskatchewan
THE
ECONOMY
Hansard Verbatim Report
No.
33 — Monday, May 6, 2024
The Chair:
— Good afternoon, everyone, and welcome to the Standing Committee on the
Economy. I’m Colleen Young and I’ll be chairing meetings this afternoon. We
have members Nathaniel Teed sitting in for Jennifer Bowes and Noor Burki
sitting in for Aleana Young. Other committee members who are here: Delbert
Kirsch, and we have Terry Dennis sitting in for Doug Steele. Other members will
be joining us.
Before we begin I’d like to table three
reports from the Law Clerk and
Parliamentary Counsel that identify any issues pursuant to rule 147(2) that he
found with regulations and bylaws filed in 2020, 2021, and 2022 and any steps
that have been taken to rectify these issues. If the committee chooses, it may
bring in the Law Clerk and Parliamentary Counsel to review these reports
at a subsequent meeting.
Those reports are as follows: ECO 22‑29,
Law Clerk and Parliamentary Counsel:
2020 report on regulations and bylaws; ECO 23‑29, Law Clerk and Parliamentary Counsel: 2021 report on regulations
and bylaws; and ECO 24‑29, Law
Clerk and Parliamentary Counsel: 2022 report on regulations and bylaws.
Bill No. 158 — The Saskatchewan
Commercial Innovation Incentive (Patent Box) Amendment Act, 2024
Clause 1
The
Chair: — Today the committee will be
considering two bills, beginning with Bill No. 158, The Saskatchewan Commercial Innovation Incentive
(Patent Box) Amendment Act, 2024. We will begin our consideration
with clause 1, short title.
Minister Harrison has joined us here
this afternoon with his officials. I’ll ask officials the first time you speak
at the mike to mention your name and your title, and Hansard will turn the mikes
on for you each time so you don’t have to touch them. So, Minister, you can
begin by introducing your officials that have joined you here and your opening
remarks.
Hon.
Mr. J. Harrison: — Sure. Thanks very much, Madam Chair.
And I’d like to thank committee members for being here this afternoon — a bit
later than we had planned, but that’s how it goes — for consideration of Bill 158, The Saskatchewan
Commercial Innovation Incentive (Patent Box) Amendment Act, 2024.
And I’d like to thank officials Jodi Banks on my right, deputy minister, and
Lindsay Freistadt, assistant deputy minister, on my left.
I am pleased to present The
Saskatchewan Commercial Innovation Incentive (Patent Box) Amendment Act, 2024
before committee today. This initiative is often referred to as the patent box
program or SCII [Saskatchewan commercial innovation incentive]. The patent box
program is intended to incentivize medium- and large-scale businesses to
commercialize new products at scale. For a successful applicant, the program
would reduce the provincial corporate income tax rate to 6 per cent for income
generated in Saskatchewan for commercialized intellectual property.
The legislative change being brought
forward is to extend the life of the program by one year. This will enable
applications to be submitted and accepted until June 30th, 2025. During this
time, the Ministry of Trade and Export Development will undertake a program
review in partnership with the Ministry of Finance during the 2025‑26
budget development process to inform future direction. This change creates no
incremental costs to the government, as the program is refunding taxes that the
Government of Saskatchewan otherwise would not have received.
Right now to be eligible, applicants
must first complete a multi-stage application process that includes application
for scientific eligibility, which is reviewed by the National Research Council
to confirm the intellectual property is valid and unique; creation of a
separate corporation to attract revenue from the unique intellectual property;
and third, economic eligibility application requiring the application to meet
at least two economic benefit thresholds, such as capital expenditures of $10 million,
research and development expenditures of $3 million, a minimum of 10 new
employees, a corporate income tax revenue of 3.5 million, or a new
benchmark pre-approved by the Ministry of Trade and Export Development.
Once the applicant demonstrates the
required economic benefits to Saskatchewan, it would be issued a SCII certificate
of eligibility which can be seen as the final approval. The corporation can
then submit the SCII certificate to the Ministry of Finance at a time of its
choosing to begin claiming its 10‑ or 15‑year corporate income tax
rebate benefit period. The 15‑year option is only available if 50 per
cent or more of the research and development is completed in Saskatchewan.
The program’s current application
process and eligibility requirements are complex and our government wants to
further support business to grow and take advantage of this incentive, and thus
will be undertaking the program review. We want to make sure that businesses
can succeed and commercialize here in Saskatchewan with the intellectual
property that they develop.
Therefore we intend to seek feedback
from current and potential applicants of the program to help determine how to
create or change a program that meets their needs. Madam Chair, the program’s
current application process and eligibility requirements are complex and our
government wants to further support business to grow and take advantage of this
initiative. Through these concerted efforts, we reaffirm our commitment to
fostering innovation, driving economic resilience, and propelling Saskatchewan
towards a brighter, more prosperous future.
It’s also a key part of Securing the
Next Decade of Growth: Saskatchewan’s Investment Attraction Strategy, where
incentives like this one make Saskatchewan one of the best places in Canada to
invest. We need to seize this opportunity to shape a future where Saskatchewan
remains a leader in innovation, prosperity, and economic opportunity for
generations to come.
And with that, Madam Chair, I and our
officials are happy to take questions. Thank you.
The
Chair: — Thank you, Minister. I’ll make note
now that we have Marv Friesen, member, who has joined us in place of Ken
Francis, and member Greg Ottenbreit.
I will open the floor now to questions
from committee members. And I’ll recognize Mr. Teed.
Mr.
Teed: — Thank you so much. I’m going to be
posing some questions on behalf of our jobs and Economy critic here today. And
I know we’ve asked for a short time, so I’m going to jump in on those
questions.
My first question is, can you tell me
the number of patents put in the box each year since it was introduced?
Ms. Banks:
— Good afternoon. Jodi Banks, deputy minister of Trade and Export Development.
And so to date we have had 12 applications for this incentive in different
sectors, including agriculture and others.
Mr.
Teed: — Can you tell me the value of the
credits in each year since it was introduced?
Ms. Banks:
— So to date we have not issued any credits, so these 12 applications have gone
through different pieces of the application process, and as Minister Harrison described,
there are a number of different steps that you need to go through. And so to
date none have gone all the way through, and thus we have not issued any
credits to date.
Mr.
Teed: — Okay. And have you ever done any
review of the effectiveness of the program, with that there has not been any
credits given out?
Ms. Banks:
— So that is really what the intent of this is. It definitely did slow down
during COVID, and so since it’s back we have seen an even slower uptick. And so
we really are taking this opportunity over the next year to do just that.
Mr.
Teed: — [Inaudible] . . . can you
give a little bit of an explanation of what that review process will look like?
Ms. Banks:
— Sure. So right now what we are going to do is we are going to get a third
party to come in and assist with ourselves and the Ministry of Finance to take
a look at each of the three different components of the application process. We
will be talking to those who have started the application process to find out,
you know, if they intend to continue or what maybe has stopped them. We are
going to talk to others in the innovation sector to see if there’s something
that is keeping people from utilizing the incentive, and really just going to
go look back through to see if there is too much red tape, if there is other
things that we can do to make the process easier.
Mr.
Teed: — Thank you so much. That’s all the
questions I have for today.
The
Chair: — Okay. Seeing there are no more
questions or comments from committee members, we will proceed to vote on the
clauses.
Clause 1, short title, is that agreed?
Some
Hon. Members: — Agreed.
The
Chair: — Carried.
[Clause 1 agreed to.]
[Clauses 2 and 3 agreed to.]
The
Chair: — His Majesty, by and with the advice
and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The Saskatchewan Commercial Innovation
Incentive (Patent Box) Amendment Act, 2024.
[16:15]
I would now ask a member to move that we
report Bill No. 158, The
Saskatchewan Commercial Innovation Incentive (Patent Box) Amendment Act, 2024
without amendment.
Mr.
Ottenbreit: — I so move.
The
Chair: — Mr. Ottenbreit so moves. Is that
agreed?
Some
Hon. Members: — Agreed.
The
Chair: — Carried. Minister, any closing
remarks you’d like to make on this bill?
Hon.
Mr. J. Harrison: — No. I appreciate the time of the
committee.
The
Chair: — All right. I see officials are
already switching chairs, so we can move right into the next one.
Bill
No. 160 — The Immigration Services Act
Clause 1‑1
The
Chair: — The next bill the committee will be
considering is Bill No. 160, The Immigration Services Act, and we will begin with clause 1‑1, short
title. Minister Harrison is here with his officials. You may introduce them and
then begin with your opening remarks.
Hon.
Mr. J. Harrison: — Sure. Thanks very much, Madam Chair,
and thank you again to the committee for their time and attention for Bill 160, The
Immigration Services Act.
And by way of introduction of officials,
on my right, Richelle Bourgoin, deputy minister of Immigration and Career
Training; Anne McRorie, on my left, who is our executive director at
immigration services; behind, Monica Chu, our senior advisor; and Shelley
Kilbride, who also is a senior official, executive director with Immigration
and Career Training.
Immigration is a key factor that
contributes to population and labour force growth in Saskatchewan. From 2007 to
2023, over 204,000 newcomers from 187 countries arrived in approximately 456
Saskatchewan communities.
The Saskatchewan immigrant nominee
program, or SINP, drives immigration in Saskatchewan, accounting for over 75
per cent of newcomers to the province each year since 2022.
The SINP is growing and is helping address
labour market needs in the province. Last year the province nominated 7,350
international workers for permanent residence, which fully utilized
Saskatchewan’s provincial nominee program allocation of 7,250 as well as an
additional 100 in unused allocations from the province of Manitoba. When you
account for family members of principal applicants, this will result in close
to 19,000 newcomers who will arrive in the province.
The SINP is also experiencing
unprecedented demand from Saskatchewan employers. Compared to pre-pandemic
levels, employer demand for workers through the SINP has nearly tripled. A
record number of 5,517 employers are currently registered to recruit workers
internationally.
Strengthening legislation to support
newcomers and workers is crucial to ensure that Saskatchewan can attract and
retain the labour force required to support its growing economy and vibrant
communities. The Immigration Services Act will enhance Saskatchewan’s
ability to support newcomers as they arrive in the province, make processes
more efficient, enhance accountability, and further protect our immigration
system from fraud.
With this new Act, Saskatchewan’s
immigration system is poised to have the highest level of program integrity and
set a new standard in the country. The Act will enhance the province’s ability
to provide a full suite of settlement services from pre-arrival support to
longer term retention assistance.
It will enhance the existing immigration
framework by increasing investigative authorities and enforcement measures to
tackle immigration fraud, including the highest potential fines for violations
in the country. The new Act increases the maximum fine for offences to $750,000
for individuals and $1.25 million for corporations.
It also provides the authority to
prescribe administrative monetary penalties in the regulations. Administrative
penalties will be used for contraventions of the Act or regulations where court
charges are not required.
In addition the new Act seeks to further
strengthen protections for foreign workers against exploitation and improving
oversight of foreign-worker recruiters, immigration consultants, and employers
who recruit internationally. The new legislation will prohibit situations where
foreign-worker recruiters, immigration consultants, or employers are using any
information, documentation, or decisions provided for or by an immigration
program like the SINP as leverage for personal or financial gain.
This legislation also facilitates
collaboration and information sharing between immigration and enforcement
agencies to combat immigration fraud and labour exploitation more efficiently.
Increased scrutiny and enforcement are needed to deter those who would exploit
the immigration system.
That is why the Government of
Saskatchewan is implementing strict measures to safeguard the interests of
foreign workers and maintain public trust. Those who are non-compliant and
exploiting Saskatchewan’s immigration system will be held accountable for their
actions. Those who are following the rules and abiding by the law will be
minimally affected. The ministry is determined to establish the most robust
program integrity framework in Canada, which will provide the best possible
protection for newcomers and foreign workers.
Furthermore the new Act will allow the
government to offer more services to foreign nationals and newcomers
immigrating to and settling in Saskatchewan. These services may start at
pre-arrival through to longer term retention and provide the ministry authority
to deliver an expanded array of services in the future, which will help
immigrants to build a successful social, cultural, and economic life in
Saskatchewan. This is important as the Government of Saskatchewan continues to
push for more autonomy over immigration, including devolving settlement
services from the federal government to the province. More responsive and
coordinated settlement services will increase the likelihood of immigrants
staying in the province for the long term.
There will be no noticeable impact to
newcomers looking to immigrate to Saskatchewan. Employers and recruiters who
are using the immigration system fairly and honestly will be minimally
impacted, as the new legislation focuses on those who are exploiting the system.
The Immigration Services Act
is supported by community stakeholders of which I would like to read a few of
their quotes into the record. Neelu Sachdev, exec director, Regina Immigrant
Women Centre, had this to say:
At Regina Immigrant
Women Centre we assist newcomer and immigrant women and their families in their
settlement and integration into the community. I look forward to the
enhancements and support offered to newcomers with this new legislation. The
settlement services we provide currently will get a boost from this Act as it
will now include pre-arrival support, longer term retention assistance, and
other protections for foreign workers. I look forward to integration processes
for labour market entry becoming easier, which will really affect retention of
newcomers in Saskatchewan.
And from Ashraf Mirmontahai, director,
employment services unit at the Saskatoon Open Door Society:
The new immigration
services Act significantly advances our mission and values at the Saskatoon
Open Door Society. Its focus on improving settlement services resonates deeply
with our dedication to offering comprehensive support to newcomers throughout
their journey in Canada. By enhancing our ability to provide pre-arrival
assistance and retention we support, we can more effectively address the varied
needs of immigrants and refugees as they adjust to life in a new country.
Moreover, the Act
acknowledges the crucial role of safeguarding the rights and well-being of
foreign workers. We advocate for fair and transparent recruitment practices,
ensuring that everyone navigating immigration processes is treated with dignity
and protection. This legislation underscores our unwavering commitment to
fostering a welcoming and inclusive environment for all immigrants and refugees
in Saskatchewan.
And lastly, Victoria Flores, manager,
communications and marketing at the Regina Open Door Society:
The Regina Open
Door Society is encouraged by the introduction of the new immigration services
Act which strengthens the framework of support for newcomers in Saskatchewan.
By enhancing regulatory oversight and legal protections, this Act helps better
serve and safeguard the interests of those arriving in our province. Our
commitment to facilitating a welcoming environment is bolstered by such
comprehensive measures.
We’ve also heard directly from newcomers
themselves. Rupinderjit Grewal arrived in Saskatchewan in January of 2013 as an
international student and became a permanent resident in 2015. Since starting
his life in Saskatchewan, he’s gone on to get married, start a family, and
build his own business. He shared his full support for the new Act with us, not
only because it protects newcomers but it gives the province the authority we
need to hold anyone to account who tries to misuse the program. Rupinderjit
said this will make the program better for newcomers and employers.
Saskatchewan is already an attractive
destination for newcomers, and this Act will enable us to become the top
destination for foreign workers and immigrants in Canada. The ministry is
poised to have the most aggressive foreign worker recruitment and immigration
legislation in the country as well as the most robust program integrity
framework in Canada. The strengthened legislation will support and protect newcomers
and employers and ensure Saskatchewan is able to attract and retain the labour
force we need to support our growing economy and communities.
And with that, Madam Chair, I’m happy to
answer questions from the committee. Thank you.
The
Chair: — Thank you, Minister, for those
opening comments on Bill 160. I’ll open the floor to questions from members
now, and I’ll recognize Mr. Burki.
Mr.
Burki: — Thank you,
Madam Chair. Thank you, Minister for giving us an overview about this bill.
Three things that I can take from that, that bulletproofing
of our system to strengthen, to make sure that our system should be bulletproof
on every system, that’s a really great thing. Second, protection of our
wonderful labourers, that they come in over here so in any way they are not at
risk when they are being called over here. And the third thing is to retention people.
And thanks for keeping eyes on CBOs
[community-based organization], Regina Open Door and Saskatoon Open Door
Society, to getting their feedback because these are the organizations that are
the hub for immigrants on the first step.
I will go with questions now. My
question is, why this legislation was introduced instead of just reviewing and
revising the foreign workers recruitment and immigration Act?
Hon.
Mr. J. Harrison: — Yeah. No, I appreciate it. I’ll
maybe give a very brief answer on that, and then Richelle will maybe speak in
slightly more detail.
But really, you know, when we introduced
the foreign worker Act, now about 12 or 13 years ago I think, it really was at
that point leading Canada as far as being the most assertive framework for the
protection of foreign workers and newcomers to Canada.
You know, the Act was appropriate at the
time, but we really felt that we needed to have some additional strengthening
of provisions within the statute, particularly considering the very, very large
growth in the program. And that was why we decided to bring a brand new
statute. It really encompasses a lot of the provisions of the existing Act. So it’s
not that the existing Act is completely gone, it’s just that the provisions
that already existed are incorporated into a more comprehensive Act.
But, Richelle, maybe you want to speak a
little bit to it as well.
Ms.
Bourgoin: — Certainly. So this was just an
opportunity, to the minister’s point, for us to take something that at its time
really led the nation in terms of the approach to protect foreign workers and
to enhance it. And knowing that Saskatchewan’s ambitious immigration targets
will continue to grow in the coming years, this gives us the ability to start
that support pre-arrival in Canada to be able to reach directly to newcomers
and to carry through the work experience to the permanent residency and
subsequently the settlement in the province.
Mr.
Burki: — Was there any consultation conducted
in developing this legislation? If yes, what did the ministry hear from
stakeholders that brought these changes forward?
Hon.
Mr. J. Harrison: — Yeah, and I would say that, you
know, the nature of it being a budget statute provides a degree of limitation
on very specific provisions. What I would say though is that we have been
working, particular with settlement agencies. And also the ministry has gained
a great deal of experience in this space over the last, you know, two decades
about what really would be an ideal series of changes to the statute.
So you know, the fact that we have — I
read into the record some of the thoughts from our settlement agencies — really
speaks to the fact that, you know, we have been working very closely with those
organizations and listening very closely to those organizations about what
needed to happen. And really that’s been reflected in the statute.
Ms. Bourgoin:
— And I would just add that the partners that were involved in developing the
legislation included Immigration, Refugees and Citizenship Canada, as well as
the Canadian border services agency and our partners in law enforcement both
nationally and provincially.
Mr.
Burki: — Okay.
So was this bill developed based on an idea that originated within the ministry
or was there any stakeholders we talked about that brought up those proposals
to the government?
Hon.
Mr. J. Harrison: — I would say that it was very much
collaborative in that, you know, we wanted to update the foreign worker
protection Act. And we’ve been receiving feedback for a period of time with our
partners in that space, so really quite a collaborative effort.
[16:30]
Mr.
Burki: — How
do those changes that are proposed in this legislation compare to other
jurisdictions in the country, other provinces?
Hon.
Mr. J. Harrison: — Yeah, I would say, you know, as kind
of laid out in my opening remarks, in a lot of very substantive and significant
ways we’re going to be setting the new standard across the country for newcomer
settlement, for protection of newcomers. All of the elements that go along with
that, we’re going to be leading the way on all of this.
And you know, we talked about it with
our colleagues at the ministers of Immigration table a number of months ago and
went through some of the items we were looking at. And across the country, I
think it would be fair to say that across the country you’re going to see
jurisdictions that are going to be following suit on this and, you know, not in
a partisan sense. Governments right across the country of every stripe will be
moving in a similar direction as we are on this. It’s not a particularly
partisan issue, I don’t think.
So the fact that we’re able to kind of
set the direction though speaks to the fact that, as we have been through a lot
of this process, Saskatchewan really has set the tone. But Richelle, if you
want to add, feel free.
Ms. Bourgoin:
— Nothing to add, thank you.
Mr.
Burki: — Well I was just afraid it might be . . .
you know, when we put a lot of restriction on something, people divert. I
normally come not on Broad Street in the morning time because it’s 40 speed for
three or four blocks. I prefer Albert Street. So if there is any construction
going on, people want to delay. So if you put a lot of restriction, if it’s
delaying or causing anything, then people will be turning out to other places
where we have a really good time to attract people to our province.
So I’ll move to the next question. Are
there any changes to the regulation or new regulations that government is
planning on bringing forward to go with this bill?
Hon.
Mr. J. Harrison: — Yeah. No, it’s a very good question.
And of course with new statutory elements there will be consideration given to
a new regulatory package that will go along with that. So we’ll be consulting
with stakeholders as we develop that new regulatory package as well. So that’s
a very good question though.
Mr.
Burki: — When does
the minister plan to bring this bill into force?
Hon. Mr. J. Harrison: — Yeah, we’re hoping and planning on having the
bill in force by July the 1st. So there’ll be a bit of . . . there
might be a bit of movement on that. We’re going to work on some elements of the
regulations in our consultation on that, but our objective is to have the Act
in force by early summer, mid-summer.
Mr.
Burki: — Okay. So as far as I’m new to this
area for critic as well, my question is, just for my knowledge, why was that
oversight to the legislation to move from Labour to Immigration?
Hon.
Mr. J. Harrison: — Yeah, I mean we felt that it made
sense administratively to have the enforcement provisions located together with
the rest of the immigration services branch, so it was really an administrative
choice as much as anything. But I defer to Deputy Minister Bourgoin on that as
well.
Ms. Bourgoin:
— The opportunity that we have by co-locating the work that is being done under
the broad, sweeping legislation allows us to actually be more responsive to
both new Canadians and employers. So ultimately it decreases that time in
queue, or processing time, and allows us to move quicker in response to
complaints or concerns that might come up.
Mr.
Burki: — So I think as we talk about the
administration, I believe that most of the labour were coming from abroad, so
that was immigration process. So instead of Labour, you asked for that money
under the Immigration umbrella?
Ms. Bourgoin:
— That’s right.
Mr.
Burki: — Okay, good. Okay, next one is,
increased investigation and enforcement measures to protect immigrants is
welcome. We always appreciate to make sure we strengthen our system. But I’m
curious that, what brought these specific changes? Is the ministry seeing an
increase in cases of abuse and exploitation by recruiters or employers?
Hon. Mr. J. Harrison:
— Yeah, no, good question. And really, you know, we’ve had such growth in the
program. That is a big part of it. And we’ve had basically the same enforcement
mechanisms and resources in place for a significant period of time. And a much
larger program, we just needed to have more resources to do it. And we’ve
increased the budget, as the member well knows through our budget discussion we
had a number of weeks ago. Significant additional resources have been added to
the ministry’s budget for this particular provision. But, Richelle, maybe if
you want to just speak a bit to it.
Ms. Bourgoin:
— Certainly. You know, I’ll just maybe go back to a comment that you made
earlier about putting in barriers that may make it less attractive for
newcomers to select Saskatchewan. We believe in fact we are doing precisely the
opposite, and so that this legislation will be a recruitment tool because what
we will do is ensure that the program is being used for its intent.
What happens in our processing is a good
application doesn’t take very much effort to process at all. But when we are
focusing our energy on the bad actor or that one application in the system that
is not compliant, we spend so much of our time focusing on that. So this allows
us to take that work outside of the regular application processing in the
Saskatchewan immigrant nominee program and have dedicated individuals with the
skills to address that work, and allow us to go back to the core function of
processing immigration applications.
Mr.
Burki: — In terms of non-compliance implied,
can you speak to what enforcement and exploitation exists now and how that will
change in this legislation?
Hon.
Mr. J. Harrison: — Yeah, I’ll maybe just speak to, just
briefly, and then I’ll turn it to Richelle. But you know, one of the
challenges, and it’s always discussed at the Immigration ministers’ table, is —
and it’s a good challenge to have but it nonetheless is a challenge — in that
just how attractive a destination Canada is for newcomers from around the
world. There are, you know, unfortunately folks who are seeking to take
advantage of some of those opportunities.
And you know, it’s not the applicant
necessarily. It’s often the intermediary where we have a challenge. And you
know, the people who end up losing out the worst are those who are seeking to
actually migrate to Canada because in some cases they end up losing money and
they end up . . . So we want to identify the bad actors in all of
this.
And you know, because we are such an
attractive destination, there are people who try and defraud the system.
Whether it’s here, whether it’s Alberta, whether it’s Ontario, whether it’s
through federal streams, this happens. So we wanted to add resources to
identify that, as Richelle well said.
And I think the actual outcome is going
to be that for those who are in good faith making application to come through
the process are going to actually see it being quicker because of the fact that
we’re going to be able to deal with their applications in a more timely
fashion. But over to you, Richelle.
Ms. Bourgoin:
— So typically this kind of enforcement work has been managed by our partners
at the Canadian border services agency. Their footprint in Saskatchewan is
relatively small compared to the needs of the community. And so what I think is
important is that this legislation gives the Ministry of Immigration and Career
Training the ability to enforce our regulations.
And so I’ll speak very specifically. The
minister spoke about the opportunity to levy fines for offences between 750,000
for individuals up to 1.25 million for corporations. It also, though,
allows us to designate enforcement officers within the ministry to conduct
investigations and inspections, where we would have previously had to wait on
some of our other law enforcement partners to be able to support us to do that.
And I think what’s important is that we
will have the ability to ensure that for individuals who choose to misuse this
program, there are consequences for that behaviour. And we will also have the
ability to exclude the participation of employers who do not comply with the
program regulations.
Ms.
Burki: — Can the minister tell the committee
about the process of investigation of potential cases of abuse and
exploitation? And I believe these investigations are conducted by the program
integrity unit. Am I right?
Ms. Bourgoin:
— So as part of the change in this year’s budget, we’ve actually created a new
unit within the ministry. It’s called the program compliance unit. It will take
pieces of the former program integrity team, as well as The Foreign Worker
Recruitment and Immigration Services Act team from the Labour Relations
ministry, and then add those additional resources that the minister spoke of
that were the new budget asks.
And so together that unit will be
responsible for the enforcement of The Immigration Services Act, and as
well the outreach to communities to ensure that individuals know their rights
and their responsibilities in using any immigration program in Saskatchewan.
Mr.
Burki: — How and who makes the referral for
an investigation to be opened? What kind of criteria must be met before the
case be referred to investigation?
Ms. Bourgoin:
— So there’s any number of ways that that can happen currently. One of the
pieces, once we have the new legislation in place, that we’ll really focus on
is that public outreach to ensure that all of our partners know not only the
pathway to reach out, but what are your responsibilities both as a newcomer or
as an employer or as a third-party agent, recruiter, consultant that’s
participating in the immigration process.
But currently we respond to every
complaint that we receive. Those complaints come in a number of ways. They come
through referrals through members of the Legislative Assembly. They come
directly to our office. They come through our immigration services branch,
through our program integrity unit, through the Ministry of Labour Relations
and Workplace Safety, and oftentimes directly through some of our partner law
enforcement agencies.
Mr.
Burki: — Okay. Just about enforcement
officers, they are working in the unit. They have some sort of training or
they’re past police officers or . . .
Ms. Bourgoin:
— It is a bit of both, and so we haven’t actually . . . We don’t at
present have the enforcement ability that the Act will give us. So we have a
number of former law enforcement professionals who have joined our team to help
us establish those networks. We work very closely with Corrections and Policing
to ensure that our team has the skills and expertise they need to be successful
in delivering on their role. And the training is really part of the overall
rollout when we have the Act.
Mr.
Burki: — What investigative power did
enforcement officers have before this legislation and how are those expanded
through this legislation?
Ms. Bourgoin:
— There’s very limited ability within the ministry to both investigate and
enforce, so we relied on testimonials and experiential, anecdotal stories from
our partners. We worked then directly by referring to law enforcement, whether
it’s municipal police or, in this case, CBSA [Canada Border Services Agency] as
an example, to be able to assist us with that work. This piece of legislation
now gives us the ability to do that and so we have a designation of specific
enforcement officers to conduct both inspections and investigations.
What is also important is the increased
ability for us to share information with other law enforcement agencies across
the country, and I think work a little bit more collectively as a team to
ensure that where there is an individual who is attempting to misuse this
program — and, very frankly, in many cases that individual would be attempting
the same thing in multiple jurisdictions across the country — to share with our
partners so that we can put a stop to that misuse.
Mr.
Burki: — Can the minister provide some data
on numbers of cases referred for investigation and the number of confirmed
fraudulent cases they have investigated for each year in a span of five years?
And can you speak to the trend that you have seen over the years?
Ms. Bourgoin:
— In 2019 we conducted 194 investigations. In 2023 that’s risen to almost
1,200. And so what we see is, I think, two things. One, the minister spoke
about the growth in the program, but the real positive that we see in that is
that individuals in the community trust our program and they trust our team to
respond to those accusations or experiences that they have where immigration is
being misused. And so the minister spoke to it a little earlier. But Canada is
a fantastic place to live and immigration is often a target for fraud.
That certainly is no different in
Saskatchewan than it is in any other jurisdiction. The difference is that we
are doing something about it to ensure that there are consequences for those
who choose to misuse the program, and we really think that’s the recruitment
opportunity that we have because newcomers that choose Saskatchewan will know
that they are protected.
Mr.
Burki: — Great. When I’m looking through the
investigations — like what type of cases the ministry is investigating — can
you provide some insight into various type of immigration fraud, whether this
is wage theft or people being tricked or any other?
Ms.
Bourgoin: — It’s a very good question, and it
really spans a number of violations of the existing foreign worker recruitment
immigration services Act, but as well the Immigration and Refugee Protection
Act, more broadly. And so when we look at what that misuse might be, it can
be anything from submitting fraudulent documents. So for example creating false
driver’s licences or in many cases work experience, references, credentials,
income tax documents from the countries of origin. We have seen an increase in
the misrepresentation of education credentials to qualify for the program.
Because it is an economic immigration program, that is a very specific
requirement.
[16:45]
But more broadly, it’s on unscrupulous
employers and third-party agents that have looked for opportunities to exploit
the program for profit. And so when we look . . . And that is
certainly not across the board. It’s very much a case of a bad apple spoiling a
barrel.
The immigration program is often very
complex, but the Ministry of Immigration and Career Training has really taken a
proactive approach to try and provide that direct outreach to employers who
wish to legitimately use the program and to applicants who are seeking the opportunity
to come to Saskatchewan.
You’ll know that we’ve been really
aggressive in the last year in trying to get into markets where we know there
are pools of applicants who have the skills that are aligned with our labour
market gap in the province, to be able to speak to them directly to try and
demystify the process, to try and ensure that they have a relationship directly
with the immigration officers who are the ones making decisions on that file
and see those types of themes.
And then you know, we refer some of the
larger, more coordinated investigations to our partners currently in law
enforcement.
Mr.
Burki: — Thank you, Deputy Minister. The
question I asked because in some areas especially like India, if I can take an
example, up to $250,000 under . . . Sorry 250,000 rupees, local
rupees, if you’re making money lower than that then you don’t need to file a
tax return. Whereas in some cases for the people that are applying for jobs
over here, they are being asked and they can’t provide, and that was one of the
questions relating to that.
Ms.
Bourgoin: — It’s a very good question. And so
we’ve actually started to develop relationships. Of course as you know
Saskatchewan has a very strong relationship with India. We’ve started to work
with some of our partners — for example, the National Skill Development
Corporation in India which is a government agency under the ministry of skills
training — to help identify opportunities for the Indian government to support
those applicants who are seeking permanent residency through the provincial
nominee program to provide an alternative assessment of that work experience
and the credentials to be able to meet the criteria of the program.
Mr.
Burki: — Great. Does the minister have any
data on average time that cases in investigation, from the time it is referred
to closing?
Ms. Bourgoin:
— I’m not certain we do right at hand. We’re certainly happy to follow up with
you directly on that. But what I can say is that in making the move to separate
the investigation and enforcement capacity out of the program processing, we’ve
been able to dramatically reduce the processing time for both employer
applicants — down to two weeks from, I think, it was almost at nine months
previously — as well as the applicant processing.
And so the average in terms of integrity
investigations would be very difficult because it depends on the nature of the
infraction. And so somebody who may have provided a fraudulent driver’s
licence, for example, can be relatively quickly assessed and then excluded from
that application, whereas individuals who are involved in multiple infractions
can be more complicated, particularly where they’re working across
jurisdictions.
Mr.
Burki: — Can the minister speak to what to do
to stop unlicensed immigration consulting from practising? Any plan?
Ms. Bourgoin:
— We can introduce this legislation. So we are very confident that this will
give us some ability to not only work directly with applicants so that they
know their rights and their responsibilities, but also to ensure that there are
consequences when those ghost consultants or unlicensed consultants are
participating in the immigration process.
Hon.
Mr. J. Harrison: — Yeah, I would just add to that. You
know, going through the text of the legislation, a big chunk — as you well know
— a big chunk of this legislation is actually focused on those sort of
scenarios so that we have the tools to make sure unlicensed consultants, those
who are taking advantage of potential newcomers, that we have the tools to deal
with them. And that is probably about, it’s over a quarter of the actual
statute that we’re introducing.
Mr.
Burki: — That’s great. Because I consulted a
lot of certified consultants and lawyers as well, so that question came from
their side — that there’s so many people that are working from their homes
without any certifications, without any credentials, and on top of that,
they’re tricking people, which they put them in big trouble.
Hon.
Mr. J. Harrison: — I’d just add we’d actually encourage
. . . I mean in cases where there are unlicensed consultants who are
deceiving people, we would really like to know about it. So we’d encourage
folks, and anybody who knows of this sort of behaviour, let us know.
Mr.
Burki: — In the
decision on that one, is there any way to recruit foreign workers through only
Saskatchewan-based licensed lawyers or immigration consultants?
Ms. Bourgoin: — So there’s a number of things that we’re
considering in the regulations that will require more active participation in
the province from licensed consultants and recruiters. And it’s something we’re
working on. We’d be happy to talk a little bit more about it because we are
reaching out both through the regulator and through some of our partner
organizations in the province to try and be very transparent in how we identify
individuals who will be eligible to practise under this legislation.
Mr. Burki: — Can you forward some data on immigration
consultants and recruiters, how many licensed and working currently in the
province? And what is the requirement for their training for those licensed
consultants and recruiters?
Ms. Bourgoin: — I’ll skip maybe quickly to the training
requirement, and then I’m going to ask Anne to talk about how the Act
contemplates the registration of those consultants and recruiters, which will
be different than it’s done today.
And so in
order to become a licensed immigration consultant, you are required to attend
post-secondary education to obtain a credential, and then you are licensed by a
regulatory body that does that coast to coast.
What you will
see is, despite their very best efforts, it becomes very difficult again to
provide those enforcement mechanisms. And so this Act allows the province to
step in to ensure that consultants who are not operating within the context of
the guidelines of the immigration system will be punished for doing so, which
also provides an intrinsic benefit to those who are participating in good faith
because we will be able to move quicker and respond more effectively to their
cases.
But Anne, if
you could just talk a little bit about how we contemplate the change for
registration.
Ms. McRorie: — So with regards to the number, there’s almost
400 licensees in Saskatchewan that are licensed to act as recruiters or
immigration consultants, and under the new legislation there will be some
changes. Many have been outlined already in terms of the registration.
Currently the registration, all of their names are
listed on our website for recruiters and consultants, that will continue to be
a requirement.
As well, there are immigration
consultants who are licensed nationally who do work for consultants who are
licensed in Saskatchewan. That is something that . . . It’s very
clear in the legislation that individual licensees, all people operating in
Saskatchewan will need licences. And then in terms of, I think that is probably
the biggest change.
Mr.
Burki: — Okay, 400.
As far as I was digging into that to see that what is the certified regulatory
authorities for lawyers, for lawyers I think they are being certified and
regulated by the Law Society. And immigration consultants are being licensed
and regulated by ICCRC [Immigration Consultants of Canada Regulatory Council].
I was just wondering about recruiters. Do they have any requirement or any
regulation body that they’re being authorized by that?
Ms. Bourgoin: — They don’t have a regulatory body that governs
the practices of recruitment. However they are required to maintain a licence
in Saskatchewan today, and they will be required to maintain that licence going
forward under the new Act.
Mr. Burki: — So that licence is maintained under the
provincial government?
Ms. Bourgoin: — Yes, that’s right.
Mr. Burki: — Okay. Good. So the last question. I think I said
in previous one as well, and I’ve been getting this question a lot. Do we give
priority in the immigration process to all graduated Saskatchewan universities’
foreign students as compared to other provinces? I think other provinces, that
they’re giving some extra weightage for that.
Ms. McRorie: — In terms of our Saskatchewan graduates, we do
have a different work experience requirement. So they have fewer months; they
only have to work for six months in Saskatchewan before they apply to the SINP.
For out-of-province graduates who’ve been recruited by Saskatchewan employers,
we do have a longer work experience requirement. And part of that is around
ensuring that they are settling in our communities and that we’re retaining
them. So it’s better for retention.
Mr. Burki: — Okay. Great. Okay. I think I was asked by a
member to ask question yes and no. So we can go early, so I think I’m done with
my questions. Thank you.
The Chair: — All right. Seeing there are no more questions or
comments from committee members, we will proceed to vote on the clauses. Clause
1‑1, short title, is that agreed?
Some
Hon. Members: — Agreed.
The
Chair: — Carried.
[Clause 1‑1 agreed to.]
[Clauses
1‑2 to 12‑3 inclusive agreed to.]
[17:00]
The
Chair: — His Majesty, by and with the advice
and consent of the Legislative Assembly of Saskatchewan, enacts as follows: The
Immigration Services Act.
I would now ask a member to move that we
report Bill No. 160, The Immigration Services Act without amendment.
Mr.
Dennis: — I so move.
The
Chair: — Mr. Dennis so moves. Is that agreed?
Some
Hon. Members: — Agreed.
The
Chair: — Carried.
Minister, closing remarks?
Hon.
Mr. J. Harrison: — Very briefly, just thank our team
here at Immigration and Career Training. This was a substantial undertaking and
piece of work that is going to be significant and impactful. So I want to thank
our team very much. And thanks for the questions, very good questions as well,
and thanks to the committee for their time.
The
Chair: — Awesome. Mr. Burki, if you have any
comments?
Mr.
Burki: — Thank you, Madam Chair. Thank you,
Minister, Deputy Minister, and our pillars behind this show. Thank you very
much for all the hard work, for your professionalism, and God bless you for
everything you do for us. Thank you.
The
Chair: — That concludes our business for the
day, everyone. And I would ask a member to move a motion of adjournment.
Mr.
Friesen: — I would so move.
The
Chair: — Mr. Friesen so moves. Is all agreed?
Some
Hon. Members: — Agreed.
The
Chair: — Carried. This committee stands
adjourned to the call of the Chair. Thank you, everyone.
[The committee adjourned at 17:01.]
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under the authority of the Hon. Randy Weekes, Speaker
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