Fair Hiring Rules for Foreign Workers

Summary#

• Bill 26 creates new provincial rules to oversee how Alberta employers, recruiters, and immigration consultants work with foreign workers. Its main goal is to prevent abuse, stop illegal fees, and improve transparency.
• It requires most employers who hire foreign nationals to register with the province. It also requires foreign worker recruiters and immigration consultants to be licensed.
• The Act bans taking passports, misrepresenting jobs, threatening deportation, and charging workers recruitment fees. It sets strong penalties for breaking the rules.
• It creates a public registry, complaint and investigation powers, and a way to order refunds or reinstatement for harmed workers. It also lets Alberta run immigration selection programs with set fees.

Key changes and impacts:

• Employers must register before recruiting or hiring foreign nationals and follow terms set by the Director.
• Recruiters and immigration consultants must be licensed unless exempt (for example, lawyers or certain non-profits).
• Clear, written contracts are required; fees and services must be listed in plain language.
• Workers cannot be charged for getting hired or for job information; employers cannot claw back recruitment costs from wages or benefits.
• Strong enforcement: fines up to $1,000,000 for individuals and $1,500,000 for companies, plus possible jail (up to 12 months) and administrative penalties.
• A public registry will list registered employers and licensees; the government can share information with other jurisdictions.
• Decisions can be reviewed internally; the Act comes into force on a date set later (by Proclamation).

What it means for you#

• Workers (foreign nationals and job seekers)

  • You cannot be charged fees for getting a job, job leads, or most recruitment services. If you paid such fees, you may get them back.
  • Recruiters and consultants must give you clear, written contracts that list services and fees. If your first language is not used, they must take steps to ensure you understand.
  • No one can take your passport or threaten deportation without lawful cause.
  • If you were fired for complaining or helping an investigation under this Act, the government can order compensation or, if you still have a valid work permit, reinstatement.
  • You can make a complaint to the province; the Director can investigate and order refunds.

• Employers in Alberta

  • You must register with the province before recruiting or hiring foreign nationals (unless exempt). Registration lasts up to 3 years and can include conditions.
  • You must pay recruitment costs yourself. You cannot reduce a foreign worker’s pay or benefits to recover these costs.
  • You cannot force a worker to use a specific immigration consultant.
  • You may be asked to report how many foreign nationals you employ and keep certain records for inspection.
  • Serious non-compliance can lead to suspension/cancellation of registration, public disclosure of your name, orders to compensate, and significant fines.

• Foreign worker recruiters and immigration consultants

  • You must be licensed (unless exempt, such as lawyers and certain non-profits). Licences last up to 3 years and can include conditions.
  • You cannot charge workers recruitment fees. If you refer a worker to someone else and collect a referral fee, you must disclose that in writing.
  • If you serve both the employer and the worker, you must disclose this to both, get written consent from both, and have separate written contracts.
  • Unclear contracts will be interpreted against you. Misleading claims, withholding documents, or using immigration decisions as leverage are banned.
  • If you operate without the required licence, you cannot sue in Alberta courts to collect payment for your services.

• Families, community groups, and service providers

  • Certain people and organizations (for example, close family helping without pay, lawyers, some non-profits, and government-funded settlement agencies) are exempt from licensing for the limited services they provide.
  • The government may share information with other provinces, the federal government, or regulators to spot trends and enforce rules.

• General public

  • A public registry will let you check if an employer, recruiter, or consultant is registered or licensed.
  • Strong penalties aim to deter bad actors and support fair treatment of foreign workers.

Expenses#

No publicly available information.

Proponents' View#

• Protects foreign workers from exploitation by banning illegal fees, passport seizure, and threats, and by requiring clear contracts.
• Levels the playing field for honest employers and agencies who already follow the rules.
• Public registry and complaint process add transparency and make it easier to spot and stop bad practices.
• Strong penalties and enforcement powers deter misconduct and allow quick action, including refunds and reinstatement.
• Aligns with federal immigration systems and lets Alberta run its selection programs more effectively, with clear authority to set service fees.

Opponents' View#

• Adds red tape and costs for employers and agencies (registration, licensing, reporting, record-keeping), which could slow hiring.
• Gives broad discretion to officials to refuse, suspend, or cancel registrations and licences “in the public interest,” creating uncertainty for businesses.
• Risk of reputational harm from public posting of names and notices before all reviews are finished.
• Duplicates or overlaps with federal rules and other provincial laws (labour standards, OHS), increasing compliance burden.
• Expanded information sharing and data collection raise privacy concerns for workers and businesses.