Foreign workers in New Brunswick could soon be protected from recruitment fees under proposed legislation that would also require recruiters to be licensed.
If passed, the proposed amendments to the Employment Standards Act would also give the province greater authority to oversee employers who hire foreign workers and establish administrative monetary penalties for violations.
The proposed changes are intended to align New Brunswick’s protections for foreign workers with those in other Canadian jurisdictions.
The legislation was developed following consultations with members of the public, stakeholders and foreign workers, including an anonymous online survey and written submissions.
Recruiters would require licences
The legislation would allow the director of the employment standards branch to approve, refuse, suspend, revoke or place conditions on an employer’s inclusion on the registry of employers of foreign workers.
Recruiters would also be required to disclose partners and agents involved in the recruitment process.
“Foreign workers play such as an important role in New Brunswick’s economy,” Labour Minister Alyson Townsend said.
“By strengthening protections for all workers, we are making New Brunswick a more attractive and safe place to live and work.”
Townsend said the proposed changes are intended to help prevent exploitation and improve workplace protections.
“We have a duty to ensure foreign workers are not abused financially and have a safe workplace,” she said.
“This legislation reflects our commitment to support newcomers to make New Brunswick home and to build a sustainable economy that benefits every community.”
According to the provincial government, the changes would be phased in from the time the bill receives royal assent through March 31, 2029.
A ban on recruitment fees would take effect upon royal assent, while mandatory recruiter licensing would begin April 1, 2028.
Advocates want stronger measures
The Migrant Workers Alliance for Change(MWAC) has supported the proposed changes and has spent nearly two years advocating for stronger recruiter oversight and worker protections in New Brunswick.
MWAC welcomed the proposed licensing system, employer screening measures and the ban on recruitment fees, but said the legislation should go further.
“Licensing recruiters, screening employers and banning recruitment fees are key steps,” said Niger Saravia of the Migrant Workers Alliance for Change.
“Now this legislation must be strengthened so workers can actually get their money back, employers and recruiters are held jointly liable for abuses here and abroad, and the government proactively enforces the law without waiting for migrant workers to risk everything to speak up.”
The organization said many migrant workers pay thousands of dollars in recruitment fees before arriving in Canada, often borrowing money or taking on debt to secure employment.
They also stated that some later discover that the jobs or hours they were promised do not exist.
One worker identified as Areli said she paid more than $2,300 for a job in New Brunswick before learning the position was unavailable.
“I paid more than $2,300 for a job in New Brunswick, and when I arrived, the job simply didn’t exist,” Areli said.
“The recruiter lied to us. Now I have more debt in Mexico than I did before I came. Who is going to pay us back for what we have already spent? This law is good, but the government must ensure workers get their compensation.”
The organization said a 2025 survey of 108 current and former migrant workers found 65 per cent had paid recruiters.
Of those who reported specific amounts, 47 percent said they paid between $2,000 and $3,000.
MWAC added that most payments were made outside Canada, and that many workers did not receive receipts.
While supporting the legislation, the Migrant Workers Alliance for Change argued the bill does not provide a dedicated mechanism for recovering recruitment fees already paid, particularly those paid outside Canada.
The organization is also calling for mandatory financial security requirements for recruiters, stronger enforcement measures, a longer complaint period and compensation for workers who have already paid recruitment fees or experienced broken job promises.
If passed, the legislation would be implemented in stages over the next several years.
