Foreign Workers In New Brunswick Could Gain New Protections

Foreign workers in New Brunswick could receive stronger protections under legislation that would license recruiters, tighten employer registry rules and prohibit recruitment fees charged to workers.

The provincial government introduced Bill 6, An Act to Amend the Employment Standards Act, on October 27, 2026.

As of October 28, 2026, the Legislative Assembly’s official record listed Bill 6 at first reading. The bill’s first-reading document does not record a second-reading date, and the bill has not received royal assent.

That means the proposed measures are not yet fully in force and could still be changed as the bill moves through the legislative process.

What Bill 6 Would Change For Foreign Workers

Bill 6 would create a licensing system for people who provide recruitment services to foreign workers in New Brunswick.

The proposed definition would cover services that help foreign workers find employment in the province.

It would also cover assistance or advice provided to an employer seeking to hire foreign workers.

People who help another person carry out those recruitment activities would also fall within the proposed definition.

Starting April 1, 2028, a person would generally be prohibited from acting as a foreign worker recruiter or providing foreign worker recruitment services without a licence.

The bill would allow certain exemptions for the provincial government, federal and municipal employees acting in their official capacities, public post-secondary employees and qualifying unpaid family members.

Additional exemptions could be created through regulations.

The proposed licence would have a term of no more than three years.

The director could suspend or revoke a licence under rules established by regulation.

A person whose licence application was refused, or whose licence was suspended or revoked, would have an appeal route established through legislation and regulations.

Recruitment Fees Could Not Be Charged To Workers

Bill 6 would prohibit employers and foreign worker recruiters from charging a fee or expense for employment or recruitment services directly or indirectly to foreign workers.

The proposed prohibition would also cover charging any person other than an employer for those services.

The bill would separately prohibit employers and recruiters from recovering recruitment costs from a foreign worker when those costs are not allowed under the applicable immigration program.

The proposed rule would expand the existing employment standards protections, which already restrict employers from recovering certain ineligible recruitment and transportation costs from foreign workers.

The legislation would also prohibit employers from requiring a foreign worker to use an immigration consultant or a foreign worker recruiter as a condition of employment.

The bill would not establish the precise amount of every permitted or prohibited cost under federal immigration programs.

Those details may depend on the program under which the employer recruited the worker and on future regulations.

Employer Registry Decisions Could Become More Formal

New Brunswick already requires employers of foreign workers to register with the province.

The current registry helps the Employment Standards Branch contact employers and provide information about workplace rights and responsibilities.

Bill 6 would allow the minister to establish eligibility requirements that an employer must meet before applying for registration.

The director could approve or refuse an employer’s application or place conditions on the registration.

A registration would remain valid for one calendar year from the date it is approved.

Employers would have to update the information on their registration each year by the anniversary date.

The director could suspend or revoke an employer’s registration in accordance with future regulations.

Employers whose applications were refused, or whose registrations were suspended or revoked, would have an appeal process.

The bill would require employers and former employers to keep records connected to foreign worker recruitment services and hiring for at least three years.

Those records would have to be provided to the director when required.

Public Register Would Include Employers And Recruiters

Bill 6 would require the minister to maintain a public register of registered employers of foreign workers and licensed foreign worker recruiters.

The register would include the name and contact information of each registered employer or licence holder.

It would also show whether conditions apply to a registration or licence.

The proposed register would identify whether a registration or licence has been suspended or revoked and when the action took effect.

Other information could be added through regulations.

The legislation would leave the format and method of public access to the minister.

This could give workers and employers a way to check whether a recruiter or employer is listed before entering into a recruitment arrangement.

Additional Conduct Rules Would Apply

The bill would apply several existing foreign worker protections to both employers and recruiters.

Employers and recruiters would be prohibited from misrepresenting employment opportunities, including the position, duties, length of employment, wages, benefits and other employment conditions.

They would also be prohibited from providing false or misleading information about the rights and responsibilities of employers and employees.

The proposed amendments would prohibit employers and recruiters from taking possession of or retaining property that a foreign worker is entitled to possess.

The examples listed in the bill include passports and work permits.

Employers and recruiters would also be barred from threatening a foreign worker with deportation or another action for which there is no lawful cause.

These provisions would apply to recruitment activity as well as the employment relationship.

Financial Security And Administrative Penalties

The bill would authorize financial security requirements for foreign worker recruiter licence applicants and licence holders.

The director could require financial security as part of an application or later during the licence term.

The amount and form of the security would be prescribed by regulation.

Bill 6 would also give the government authority to create regulations concerning recruiter contracts, information provided to foreign workers, licensing fees and licence conditions.

The legislation would remove the current statutory range for certain administrative penalties and allow penalty amounts to be prescribed by regulation.

An administrative penalty order could be filed with the Court of King’s Bench of New Brunswick as a judgment.

If filed, the penalty could be collected as a judgment for the recovery of a debt.

The bill itself does not set out the final amounts of the administrative monetary penalties.

When The Proposed Changes Could Take Effect

The bill sets out different commencement dates for different provisions.

The sections creating the recruiter licensing framework, regulatory authority and related provisions would come into force on January 1, 2028.

The sections changing employer registration and the transitional treatment of existing registrations would come into force on April 1, 2028.

However, the bill’s recruiter licensing prohibition specifically states that it would apply on and after April 1, 2028.

Existing employer registrations in effect immediately before the relevant commencement would be treated as valid under the amended law until March 31, 2029, unless suspended or revoked.

The New Brunswick government has said the amendments would be implemented in stages from royal assent through March 31, 2029.

Those dates could change if the bill is amended during debate or if the government changes the commencement provisions.

What Foreign Workers And Employers Should Know Now

Foreign workers should not assume that the proposed licensing system is already operating.

Until the legislation and any related regulations take effect, current federal and provincial rules continue to govern recruitment and employment practices.

New Brunswick’s existing employment standards information states that foreign workers have the same employment standards rights as other workers in the province.

Current provincial guidance also identifies restrictions involving immigration consultants, ineligible recruitment and transportation costs, misleading job information, threats of deportation and the retention of identity documents.

Employers should continue to comply with existing registration requirements and maintain records related to foreign worker recruitment and employment.

Recruiters and employers should monitor the bill’s progress and any regulations released before the proposed implementation dates.

The government’s consultation materials indicate that the proposed changes followed public, stakeholder and foreign worker consultations.

A worker who believes an employer or recruiter has breached employment standards can contact the New Brunswick Employment Standards Branch for information about available options.

Frequently Asked Questions

Fact-Checked: Key legislative status, proposed requirements and commencement dates were checked against New Brunswick Government and Legislative Assembly sources on October 28, 2026.

Disclaimer: This article is for general information and does not replace legal advice or official instructions from New Brunswick authorities.