2021 LMIA: Hire a Agricultural Temporary Foreign Worker (Non-Seasonal)
1. Overview
The Agricultural Stream allows employers to hire Temporary Foreign Workers (TFWs) for a maximum period of 24
months when Canadians and permanent residents are not available.
To qualify for this stream, employers must meet 2 criteria:
- production must be in specific commodity sectors, and
- the activity must be related to on-farm primary agriculture
Note:
There are some variations to the requirements and the process that must be followed in this province.
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
2. Program requirements
Processing fee
The LMIA processing fee does not apply to occupations related to primary agriculture and positions under the National Occupational Classification (NOC) codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611.
Transportation
Employers must always pay for the round-trip transportation costs (for example plane, train, boat, car, bus) of
the temporary foreign worker (TFW) to the location of work in Canada, and back to the TFW‘s
country of permanent residence. These costs must be paid up-front by the employer to ensure that they
are not part of any negotiations related to the employment contract. This process helps protect TFWs,
who may be tempted to accept alternative travel arrangements in return for a job offer.
Employers must keep records (for example invoices, receipts, copies of flight itineraries, tickets, boarding passes)
of all transportation costs paid, for a minimum of 6 years. This information may be required as proof
if employers re-apply for a subsequent LMIA or if they are selected for inspection.
Note: Under no circumstances, can an employer recover the transportation costs from
the TFW.
Day-to-day transportation
Employers must provide to the TFWs, where required, no-cost transportation to and from the
on-site/offsite housing location to the work location.
Housing
Employers must provide TFWs with adequate, suitable and affordable housing as defined by the Canadian Mortgage and Housing Corporation. The housing can be either on-farm (for example bunkhouse) or off-site (for example commercial establishment). Employers must ensure the occupancy of each accommodation location does not exceed the maximum occupancy permitted. They must also ensure that sufficient housing will be made available for all TFWs per approved accommodation from the date of arrival to the date of departure.
Employers supplying:
- on-farm housing
- can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW’s wage, unless
applicable provincial/territorial labour standards specify a lower amount.
- can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW’s wage, unless
- off-site housing – lower-skilled workers
- can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW‘s
wage, unless applicable provincial/territorial labour standards specify a lower amount.
- can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW‘s
- off-site housing – higher-skilled workers
- must ensure that the rent does not cost more than 30% of the TFW‘s gross monthly
earnings.
- must ensure that the rent does not cost more than 30% of the TFW‘s gross monthly
If the employer is the leaseholder or the owner of the dwelling, where multiple TFWs are living,
the employer must determine the rent according to the market rate. The rent must be divided equally between TFWs.
Note: The TFW is not required to stay in the housing provided by the employer
and may choose to leave in favour of private accommodation. However, the TFW may need
to provide advance notice to the employer or the commercial establishment regarding the departure
date.
Housing inspection
Employers must provide proof that the on-farm or off-site housing has been inspected by the appropriate
provincial/territorial/municipal body or by an authorized private inspector with appropriate certification.
If the authorized inspector or jurisdiction does not have a standard form for reporting official
housing inspections, employers must ensure that Schedule F – Housing inspection report seasonal agricultural worker program and agricultural stream is used to report the results.
Effective January 1, 2018, new requirements will need to be followed to confirm that the housing provided to temporary foreign agricultural workers has been inspected, and that all conditions on the housing inspection report have been addressed prior to obtaining a decision.
These additional requirements will include that:
The housing inspection report must:
- have all relevant sections completed;
- indicate that the housing has been inspected within the last eight months prior to the date the LMIA application is received by Service Canada; and
- indicate the maximum number of workers permitted per approved accommodation.
Employers in Saskatchewan must:
- must request a letter from Service Canada for the inspection to be performed by the regional offices of Sask Health
The Employer will forward the letter to Sask Health and must apply with sufficient time to accommodate the timeframes for obtaining an inspection. (Sask Health can usually complete inspections within 30 days).
