2021 LMIA: Hire a Agricultural Temporary Foreign Worker (Non-Seasonal)
Unpaid representatives
Individuals representing employers for free (for example do not collect fees or other forms of compensation) are not subject to any restrictions under the IRPA. These individuals are usually family members, non-for-profit or religious organizations that assist employers who may not be able to complete the application process on their own.
If a paid representative is not authorized under the IRPA, ESDC/Service Canada will continue to process the application, but will communicate with the employer directly. However, a copy of a signed letter stating that the employer is no longer using the services of the original representative will be required before the employer can:
- hire another paid authorized representative
- work with an unpaid representative
ESDC/Service Canada:
- reserves the right to contact employers directly when further information or documentation is required.
- will not mediate a dispute between an employer and a third-party representative nor communicate complaints
to a regulatory body on an employer’s behalf. Employers who wish to file a formal complaint
against their representative should contact the appropriate regulatory body (for example the provincial
law society, the Chambre des notaires du Québec or the ICCR). For additional
information on how to file a complaint, visit IRCC.
3. Wages, working conditions and occupations
You must provide temporary foreign workers with the same wages and benefits as those provided to Canadian and permanent resident employees working in the same occupation. In addition, temporary foreign workers working in a unionized environment must be paid the wage rate as established under the collective bargaining agreement.
If you plan to hire temporary foreign workers in non-livestock high-skilled positions, you must consult the Streams for High-wage or Low-wage positions to determine the wage.
You must agree to review and adjust the wage of the temporary foreign worker to ensure it meets or exceeds, at all times, the wage rates outlined in the wage tables, or applicable federal/provincial/territorial minimum wage rates, whichever is higher.
- 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
4. Recruitment and advertisement
Employers are required to conduct recruitment efforts to hire Canadians and permanent residents, before offering a job to a temporary foreign worker (TFW).
Note:
Due to economic impacts such as higher unemployment rates resulting from COVID-19, recruitment and advertisement requirements have been updated. Recruitment efforts are required to take place under the current labour market to ensure Canadians and Permanent Residents continue to be considered first for available jobs. This update applies to pending LMIAs received prior to June 15, 2020, and includes the following:
- Any ads posted before March 15, 2020 may need to be re-posted for an additional two consecutive weeks.
- If applicable, Service Canada will contact you regarding re-advertising requirements.
- When re-advertising, employers must also meet all the minimum recruitment requirements described in the Advertisement section below.
Recruitment
Recruitment is the process of finding and selecting qualified employees. All employers are encouraged to conduct ongoing recruitment efforts, including advertising the job or contacting the underrepresented groups that face barriers to employment.
Employers do not need to use the services of a third-party representative or recruiter to conduct recruitment on their behalf in order to hire a TFW. However, if they choose to do so, they can pay for all the fees associated with this service.
Note: Employers cannot deduct or recover these recruitment fees from the wage of the worker.
Note:
Until December 31, 2020, the program is prioritizing and waiving minimum recruitment requirements for the following occupations. For LMIAs received on or after January 1, 2021, these occupations will continue to be prioritized, but will be subject to the regular minimum recruitment requirements of the appropriate program stream:
- 6331-Butchers, meat cutters and fishmongers-retail and wholesale
- 8252- Agricultural service contractors, farm supervisors and specialized livestock workers
- 8431- General Farm Workers
- 8432- Nursery and Greenhouse Workers
- 8611- Harvesting labourers
- 9462- Industrial butchers and meat cutters, poultry preparers and related workers
- 9463- Fish and seafood plant workers
- 9617- Labourers in food, beverage and associated products processing
- 9618- Labourers in fish and seafood processing
The program is prioritizing the following occupations and not waiving the minimum recruitment requirements:
