2021 LMIA: Hire Seasonal Agricultural Farm Worker

Negative Labour Market Impact Assessment

ESDC/Service Canada will issue a negative LMIA letter if the employer does not meet all the Program Requirements. In these situations, the Department will also provide the employers with the necessary information to recover any work permit fees that were paid.

Employer compliance

ESDC/Service Canada takes the integrity of the TFWP very seriously. Employers hiring TFWs are expected to be compliant with the TFWP, by upholding the terms and conditions of employment as stated in the original job offer and set out in the positive LMIA letter and annexes.

Employers must also follow all federal/provincial/territorial employment regulations and laws, as all workers in Canada have the same labour and human rights and social protections.

In accordance with the IRPR, (Sections. 203(1)(e)), employers who have hired a TFW within the past 2 years, prior to December 31, 2013, may be subject to an employer compliance review after submitting a new LMIA application.

This review, often known as an STS (substantially the same) assessment, requires employers to demonstrate that the TFWs were provided with substantially the same:

• wages
• working conditions, and
• occupation, as set out on the positive LMIA letter and annexes

Employers who applied for and have received a positive LMIA, on or after December 31, 2013, and employed a TFW in that position, must demonstrate they provided the TFW with:

• employment in the same occupation as described in the previous offer of employment (and confirmed in the LMIA letter and annexes), and
• substantially the same wages and working conditions, but not less favourable than, those set out in that offer of employment (and confirmed in the LMIA letter and annexes)

More information is available in the Employer compliance section.