Temporary Foreign Agricultural Worker
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What is Temporary Foreign Agricultural Worker Program?

Temporary Foreign Agricultural Worker Program helps in hiring a temporary foreign agricultural worker in occupations and activities related to primary agriculture, wherein primary agriculture is defined as following:

  • Agricultural work that is performed within the boundaries of a farm, nursery or greenhouse
  • Agricultural work that must involve at least one activity, such as:
    • operation of agricultural machinery
    • boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining raw animal products for market
    • collection, handling and assessment of those raw products, or the planting, care, harvesting or preparation of crops, trees, sod or other plants for market
  • Agricultural work that is consistent with one of these National Occupational Classification codes: 0821, 0822, 8252, 8255, 8431, 8432, and 8611

This program has further following Categories:

Seasonal Agricultural Worker Program

This program let hire temporary foreign workers from Mexico or the participating Caribbean countries, where, production must be included on the National Commodities List.

Agricultural stream

This program let hire temporary foreign worker can be from any country, and where, production must be included on the National Commodities List

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Seasonal Agricultural Worker Program

The Seasonal Agricultural Worker Program (SAWP) allows employers to hire temporary foreign workers (TFW) from Mexico or participating Caribbean countries for a maximum period of 8 months, between January 1 to December 15. Employers who employ temporary foreign workers under this stream must offer offer the workers a minimum of 240 hours of work within a period of 6 weeks or less. Employers shall also meet following criteria:

  1. the temporary foreign workers must be citizens from Mexico or participating Caribbean countries.
  2. Production must be in specific commodity sectors
  3. the activity must be related to on farm Primary Agriculture

Participating Caribbean countries

The SAWP applies only to TFWs who are citizens from:

  • Mexico
  • Caribbean countries of:
    • Anguilla
    • Antigua and Barbuda
    • Barbados
    • Dominica
    • Grenada
    • Jamaica
    • Montserrat
    • St. Kitts-Nevis
    • St. Lucia
    • St. Vincent and the Grenadines
    • Trinidad and Tobago
  •  

National commodity list

  • apiary products
  • fruits, vegetables (including canning/processing of these products if grown on the farm)
  • mushrooms
  • flowers
  • nursery-grown trees including Christmas trees, greenhouses/nurseries
  • pedigreed canola seed
  • seed corn
  • grains
  • oil seeds
  • maple syrup
  • sod
  • tobacco
  • bovine
  • dairy
  • duck
  • horse
  • mink
  • poultry
  • sheep
  • swine

Agricultural stream

The Agricultural Stream allows employers to hire Temporary Foreign Workers (TFWs) for a maximum period of 24 months in following sector:

  • production must be in specific commodity sectors, and
  • the activity must be related to on-farm primary agriculture

Processing fee

  • Under Agricultural Stream, following National Occupational Classification (NOC) codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611 are exempt from LMIA processing fee.

LMIA Fee

  • Employers must submit a LMIA application to hire worker under Agricultural Stream

Transportation

  • Employers are required to pay up-front for transportation costs of TFW from residence country to Canada and back. Also, this cost can not be recovered back by the employer.
  • Day-to-day transportation to TFWs must also be provided by the employer from foreign worker’s residence to work location.
 

Housing

  • On-farm or off-farm housing must also be provided by the employer.
  • For On-farm housing, a maximum of $30 per week on pro-rata basis can be deducted from the employee wage.
  • For Off-farm housing, in case of lower-skilled workers, a maximum of $30 per week on pro-rata basis can be deducted from the employee wage.
  • For Off-farm housing, in case of higher-skilled workers, rent cannot exceed 30% of the employee wage.
  • Housing inspection must be ensured by the employer from appropriate authority. 

Health insurance

  • Employers are responsible for Temporary foreign workers private health insurance.
  • Insurance shall be available from the very first day to the foreign worker.
  • health insurance cost must be borne by the employer.

Wages, working conditions 

  • Same wage and working conditions must be provided to employer, as the same, which have been provided if a PR or Canadian Citizen would have been hired.

Advertisement

  • Employers must advertise the vacancy of National Job Bank or its equivalent counter-parts in provinces.
  • Employers must advertise for a minimum of 14 calendar days.
  • Employers must advertise during the 3 month period prior to application of LMIA.
  • General recruitment activities for the vacant job must be conducted by employer for a minimum of 14 calendar days. 
  • Burden of proof for meeting advertisement requirements rest on employer.
  • Employers who are hiring a replacement worker under the Agriculture stream are not required to re-advertise the vacant position

 

 

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