Ontario’s Ministry of Labour recently issued a rare enforcement decision against a non-lawyerimmigration consultant that underscores a crucial aspect of foreign worker protections in Canada: recruiters and employers are prohibited from charging foreign workers any fees for job placement.
This decision involved an Alberta-based recruiter who was ordered to repay up to $150,000 in unlawful fees collected from temporary foreign workers. Although the financial penalty was relatively small—a $2,000 fine—the broader implications are significant. It confirms that separating immigration and recruitment services on paper does not provide immunity from accountability if, in practice, the businesses operate as one.
What Happened?
Over the course of 2023 and 2024, eight foreign workers filed complaints with the Ministry. They had each paid between USD $7,900 and $12,000 to secure work permits and positions at a Canadian Tire store in Toronto.
The recruiter in question operated through two businesses: Allison Jones Consulting Services Inc., which carried out recruitment functions, and AJ Immigration Group Inc., a non-lawyer immigration consultant company. She claimed the fees were legal because they were charged by the consultancy, not the recruitment agency.
However, the Ministry found that the companies were effectively a single operation, sharing ownership, management, and office space. As a result, the arrangement was deemed an attempt to circumvent Ontario’s Employment Protection for Foreign Nationals Act (EPFNA).
What Does the Law Say?
Under EPFNA, it is illegal for recruiters and employers in Ontario to charge foreign nationals fees to help them secure employment. The intent of the law is to protect vulnerable workers from exploitation during the recruitment process.
While immigration consultants are permitted to charge for legitimate immigration services (such as work permit or permanent residence applications), they cannot charge for employment placement.
The law applies even if the consultant and the recruiter are operating under different business names. If they are functionally integrated, they will be treated as a single entity under the law.
Why This Case Matters
Data obtained through freedom of information requests shows that only five penalties were issued under EPFNA over a ten-year span before this case.
This highlights a troubling gap: enforcement is reactive and dependent on workers filing complaints, rather than proactive monitoring. For many temporary foreign workers, filing a complaint can feel risky or even impossible due to fears about their status or employer retaliation.
This case shows how persistent and courageous reporting by affected workers can lead to change but also underscores the need for more robust protections and accountability mechanisms.
Our Commitment
At Jain Immigration Law, we believe in transparent, ethical immigration practices. We are a proper law firm with lawyers, not immigration consultants. We assist both foreign workers and employers in navigating Canada’s immigration system while ensuring compliance with all provincial and federal regulations.
If you are concerned about fees, you have paid or are unsure about your obligations as an employer, our team is here to help.
Contact Us
🌐 www.jainimmigrationlaw.com
📧 [email protected]
📞 Book a consultation today