2021 LMIA: Hire Seasonal Agricultural Farm Worker

July 22, 2021June 15, 2023 admin

Employers do not need to use the services of a third-party representative in order to hire a TFW; however if they choose to do so, they must pay for all the fees associated with this service.

Note: Employers cannot deduct or recover these fees from the wage of the worker.

In addition, under the SAWP, the recruitment of TFWs is the responsibility of the government of the participating countries. As a result, employers cannot use the services of a private recruiter to select workers.

Note:

Effective June 10, 2020, the program is prioritizing certain occupations which are considered essential during the COVID-19 pandemic. The listed occupations have been prioritized across all provinces and territories (except the province of Quebec).

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:

3012 – Registered nurses and registered psychiatric nurses
3111 – Specialist physicians
3112 – General practitioners and family physicians
3124 – Allied primary health practitioners
3131 – Pharmacists
3211 – Medical laboratory technologists
3212 – Medical laboratory technicians and pathologists’ assistants
3214 – Respiratory therapists, clinical perfusionists and cardiopulmonary technologists
3219 – Other medical technologists and technicians (except dental health)
3233 – Licensed practical nurses
3237 – Other technical occupations in therapy and assessment
3413 – Nurse aides, orderlies and patient service associates
3414 – Other assisting occupations in support of health services
6731 – Light duty cleaners

Note: As of November 10, 2020, NOC 7511 (Transport truck drivers) will no longer be prioritized.

A job posting is an announcement of a vacancy in a public medium such as newspapers, job posting Internet site, bulletin boards, etc. It provides a broad exposure of the vacancy to Canadians and permanent residents in Canada who would be potential candidates for the position.

To meet the minimum advertising requirements, employers must advertise on the national Job Bank or its provincial/territorial counterpart in British Columbia, Quebec or Saskatchewan. The advertisement must be posted:

for a minimum of 14 calendar days starting from the first day the ad appears and is accessible to the general public;
during the 3 month period prior to the employer applying for a Labour Market Impact Assessment (LMIA);

Employers must also conduct recruitment activities consistent with the normal practice for the occupation for a minimum of 14 calendar days. To meet this requirement, employers can choose one or more of the following methods to advertise:

on recognized Internet employment sites;
in local and regional newspapers, newsletters;
in ethnic newspapers and Internet sites;
in local stores, places of worship, community resource centres;
in local and regional employment centres.

The advertisement must include the:

Company operating name;
Business address;
Title of position;
Job duties (for each position, if advertising more than one vacancy);
Terms of employment;
Wage (must include any incremental raises, performance pay or bonuses);
- a wage range can be used for the purposes of complying with the advertisements; however the minimum wage in the range must meet prevailing wage
Benefits package being offered (if applicable);
Location of work (local area, city or town);
Contact information: telephone number, cell phone number, email address, fax number, or mailing address;
Skills requirements:
- Education
- Work experience

Proof of advertisement

Employers must demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadians and permanent residents (for example copy of advertisement and information to support where, when and for how long the position was advertised).