Employers using the SAWP stream are not required to re-advertise the vacant position when submitting an LMIA application for a replacement worker. This applies only if the position remains in the same Job Bank economic region and the same occupation as the ones stipulated in the previous positive LMIA.
Employer’s submitting transfer LMIA applications under the SAWP stream are not required to advertise if:
The employer possesses an initial positive LMIA for the current season and the Job Bank economic region and occupation remain the same as the initial positive LMIA.
or
The transferring employer (employer providing the workers) possesses a valid LMIA and the transfer takes place within the same Job Bank economic region and the occupation remains the same
Records of the employers’ efforts must be kept for a minimum of 6 years. This documentation can be requested at any time by ESDC/Service Canada, as the Department has the authority to conduct inspections to verify an employer’s compliance with the conditions in the Immigration and Refugee Protection Regulations (IRPR) (and confirmed in the LMIA letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the TFW.
Employers who want to hire a temporary foreign worker (TFW) under the Seasonal Agricultural Worker Program (SAWP) must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Skills Development Canada (ESDC)/Service Canada.
In essence, employers are applying for an assessment on the impact that hiring a TFW would have on Canada’s job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.
As part of the biometrics implementation special measures for 2019, your Labour Market Impact Assessment applications for primary agriculture positions can have multiple worker arrival dates. Applications will still need to be for the same position, wage and NOC code.
Employers must use this step-by-step checklist to ensure that all the documents required are submitted, otherwise there will be delays in processing the application.
Under this Stream employers must complete, sign (where applicable) and submit the following documents:
Note: Employers cannot informally transfer TFWs from one employer to another or share them between employers. Transferring or sharing TFWs informally contravenes sections 124(1)(c) and 125 of the Immigration and Refugee Protection Act (IRPA) and is punishable by a fine of up to $50,000 and imprisonment.
Employers must send all required documentation to the Service Canada Centre responsible for processing applications in their area. A complete application means that employers have:
If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to submit copies, not original documents.
Employment and Skills Development Canada (ESDC)/Service Canada will assess the Labour Market Impact Assessment (LMIA) application submitted by the employer to determine what impact hiring a TFW would have on Canada’s job market. Based on the application and the documents received, the Department will issue a positive or negative LMIA.
All LMIA applications go through a systematic assessment process to:
ESDC/Service Canada will ensure that the employer has met all the Program Requirements. Once the assessment process is complete, the employer will be notified in writing of the final decision.
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