2021 LMIA: Hire Seasonal Agricultural Farm Worker

Housing inspection

Employers must provide proof of inspection of the off-site or on-farm accommodation. The appropriate provincial, territorial or municipal authority must conduct the inspection. An authorized private inspector with appropriate certifications may also conduct the inspections. The private inspector or the competent authority may not detain an official format for the housing inspection report. In such case, employers must ensure that they use Schedule F to report the results.

Effective January 1, 2018, new requirements are mandatory in order to obtain a decision. These requirements ensure that:

• the housing provided to temporary foreign agricultural workers has been inspected
• all conditions on the housing inspection report have been addressed

These additional requirements will include that the housing inspection report must:

• have all relevant sections completed
• indicate the maximum number of workers permitted per approved accommodation
• indicate that the housing has been inspected in the last 8 months prior to the date the LMIA application is received

Employers in Saskatchewan 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).

Employers in British Columbia must:

• use the British Columbia Agriculture Council (BCAC) housing inspection form, and
• have the housing inspection conducted by a BCAC sanctioned inspector, authorized to conduct housing inspections

Failure to meet the requirements for the housing inspection report without justification will result in an incomplete status for the LMIA application.

The Department will accept a housing inspection report with a “pass with conditions” status for processing the LMIA application. However, there will be no decision rendered until the employer addresses all conditions in the housing inspection report and provides evidence of it.

Employers are responsible for any costs that may be associated to having the housing inspected. Under no circumstances can employers recover these costs from the TFW.

Health and workplace safety

Employment contract

The Seasonal Agricultural Workers Program has a standard, non-modifiable contract. The contract does not need to be included in your application. Employers are however required to have a copy of the contract signed by both the employer and workers on file in case of an inspection.

The employment contract also requires the signature of the liaison officer for the foreign government and the TFW identified on the LMIA application. Employers do not need to know the TFWs’ names prior to their arrival in Canada. Employers must ensure to provide a copy of the employment contract to TFWs. The TFWs must sign the copy of this contract on the first day of work. Employers must provide copies of contract in English or French and Spanish.