LMIA
The Seasonal Agricultural Worker Program (SAWP) allows employers to hire temporary foreign workers (TFW) when Canadians and permanent residents are not available.
These employers can hire TFWs from participating countries for a maximum period of 8 months, between January 1 and December 15, provided they are able to offer the workers a minimum of 240 hours of work within a period of 6 weeks or less.
To qualify for the SAWP, employers must meet 3 criteria:
Primary agriculture
Primary agriculture is defined as work duties that must:
- be performed within the boundaries of a farm, nursery or greenhouse
- involve at least one activity, such as:
- operation of agricultural machinery
- boarding, care, breeding, sanitation or other handling of animals, other than fish, for the purpose of obtaining raw animal products for market
- collection, handling and assessment of those raw products, or the planting, care, harvesting or preparation of crops, trees, sod or other plants for market
- be consistent with one of these National Occupational Classification codes: 0821, 0822, 8252, 8255, 8431, 8432, and 8611
The SAWP applies only to TFWs who are citizens from:
The SAWP operates according to bilateral agreements between Canada and the participating countries. The agreements outline the role of these foreign governments, which is to:
These governments also ensure that the men and women selected to work temporarily in Canada meet all the requirements of the SAWP. These requirements include being:
LMIA processing fee does not apply to occupations:
Employers must always arrange and pay for the round-trip transportation of the temporary foreign worker (TFW). Transportation includes travel to and from their place of work in Canada and their country of residence. The transportation modes for TFWs can plane, train, boat, car, bus, etc. Employers can recover some of these costs through payroll deductions in all provinces except British Columbia. The employment contract entitled Agreement for the employment in Canada for SAWP specifies the maximum amount that employers can deduct.
Employers must keep records of all transportation costs paid for a minimum of 6 years. Records may include invoices, receipts, flight itineraries, tickets, etc. Employers can use these documents as evidence when they apply for an LMIA or for an inspection.
Employers must provide to the TFWs free roundtrip transportation. Employers need to ensure transportation between on-site or off-site accommodation and the workplace.
Employers must provide TFWs with adequate, suitable and affordable housing as defined by Canada Mortgage and Housing Corporation. Housing may be located on the farm or off-site. Employers must ensure that the occupancy rate for each unit does not exceed the maximum allowable occupancy rate. Employers must also ensure that sufficient accommodation is available for all TFWs. They also need to guarantee the number of accommodation places per approved housing from the date of arrival to the date of departure.
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