Company Fined For Running Immigration Scam

A Newcomer business has been assessed a $5,000 fine plus $12,000 in restitution following pleading guilty to breaching The Foreign Worker Worker Recruitment and Immigration Services Act 2013 (FWRISA).

Dyan Jeny Enterprises, operating as Guac Mexi Grill, located at 4 Hochelaga Street West plead guilty to the single charge on Tuesday.

Previously charges had been laid against company directors Kartikkumar Patel and Rutvik Patel but those charges were withdrawn as part of a plea deal cut with the Crown.

The charges relate to occurring between August 2023 and February 2024 under the old legislation. The present legislation allows a much stronger penalties.

The new legislation now carries penalties of up to $750,000 for individuals and $1.25 million for corporations, as well as potential imprisonment of up to two years upon conviction.

The employer was convicted of charging a foreign worker a fee or expense for employment, contrary to section 23(5) of FWRISA. The court imposed a $5,000 fine, a $2,000 victim fine surcharge, and ordered $12,000 in restitution to the affected foreign worker.

The charges resulted from an investigation into allegations that a foreign worker was required to pay $12,000 to maintain employment, with continued employment being a condition of their pathway to permanent residence.

The loss of the job would mean the victim’s Pernanent Residence application would be denied.

Following a complaint to Saskatchewan's Ministry of Immigration and Career Training, an investigation was conducted that led to charges under FWRISA.

The employer subsequently pleaded guilty to charging a foreign worker an employment-related fee.

The offences were prosecuted under FWRISA because they occurred before July 1, 2024. The Immigration Services Act, 2024, which repealed and replaced FWRISA significantly strengthened the province's compliance and enforcement framework.

MJ Independent has sent questions to the franchisor for GUAC but has yet to hear a out the conduct of their Moose Jaw franchisee.