How To Apply


Information For New Employer

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Seasonal Workers for Canadian CompaniesThis page is intended to be an overview, a ‘helpful page’ for Employers who have never employed seasonal agricultural workers and are interested in making application under the Commonwealth Caribbean and Mexican Seasonal Agricultural Workers Program… I would suggest you take a moment to review the following procedures.

 

First Step:

Please familiarize yourself with the SAWP program, current wages, approved commodities, and advertising requirments at the following website:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/agricultural/seasonal-agricultural.html

Please print the following required forms to apply for SAWP workers from the forms section of this website:

1) LMIA Application Form
2) Schedule A - Appointment of a Third Party Representative
3) Caribbean or Mexico Employment Agreement (contract)

The process, including submitting your documents to F.A.R.M.S., Service Canada approval, and worker recruitment, can take up to 12-14 weeks.

Please call F.A.R.M.S.at 1-866-271-0862 if you have any questions regarding the forms. F.A.R.M.S. is your third party. 
Simcoe Service Canada (SC) will assess your LMIA application. If you have a question for Simcoe Service Canada, please call 1-800-367-5693.  This is the Call Centre number and you can ask for a Simcoe Service Canada officer at the Foreign Agricultural Unit to return your call.  Service Canada will discuss with you your labour needs including what efforts have been made towards the recruitment of Canadians and the steps required to place an order for seasonal labour. Some of those steps are seasonal housing and inspection requirements, payment of the required fees and CanAg Travel Services.

 

The Next Step:

Submit the completed application and all supporting documents directly to F.A.R.M.S. In turn F.A.R.M.S. will edit the application for completeness, perhaps need to discuss certain areas with you prior to forwarding it to Service Canada for approval.
Please note: Employers must have housing approved by the municipal health unit and advertising posted for 14 days before F.A.R.M.S. can send the LMIA application to Simcoe Service Canada.
Upon receipt of your application Service Canada will contact you directly to discuss your human resource planning, what efforts have been made towards the recruitment of Canadians, the housing you have available, and may request financial documents for your business.

The Employer: is requested to sign the Employer / Employee Agreement for Seasonal Agricultural Workers and by doing so is agreeing to abide by the terms, conditions and operating guidelines for the program. Some of those terms are:

  • The Employer agrees to pay to F.A.R.M.S. an administration fee of $40.00 (plus HST) per worker. The fee is due and payable at the time F.A.R.M.S. receives your LMIA application. F.A.R.M.S. fee may be paid by cheque - OR - by credit card processing directly with F.A.R.M.S.
  • The Employer is required to provide free suitable housing; employer agrees to have the housing inspected annually by the Ministry of Health prior to the worker(s) arriving (first time employers must have housing approved before submitting LMIA application); employer will guarantee the worker a minimum of 240 hours of work; employer agrees to give the worker(s) a pay advance for food items until the first pay.
  • The Employer agrees to adhere to the payment policy of CanAg Travel and remit payment as due and stipulated on the invoice from CanAg Travel.

Country Selection:

There are five countries that have a government to government agreement with Canada to provide seasonal agricultural farm workers, these are: Barbados, Eastern Caribbean Islands, Jamaica, Mexico and Trinidad & Tobago. It is the Employer’s choice to select the supply country that he/she wishes to request workers from. Please feel free to contact any of the countries and ask questions.

  • F.A.R.M.S. who will carry out the necessary administrative functions to ensure that your request is distributed to the appropriate government agent locally/abroad and to CanAg Travel Services who is the appointed travel agency for the program in Ontario. ONLY however, after the request is approved by SC.
  • The Employer will communicate any changes or cancellations, as applicable, directly to F.A.R.M.S. PRIOR to 14 business day penalty restriction.
  • The Employer will be contacted by CanAg Travel one week prior to the worker(s) arrival with the time and location of where the worker(s) can be picked up the date of arrival.
  • The Employer agrees to submit pay sheets to the supply country as per the guidelines for that country.

 

And Finally …………………………….

If you have any questions please don't hesitate to call
 

F.A.R.M.S. 1-866-271-0862

OR

CANAG TRAVEL 1-800-387-5784


Application Process

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F.A.R.M.S Appointment of Representative: 

F.A.R.M.S. role is viewed as that of a third party to administer the Seasonal Agricultural Workers Program. A valid F.A.R.M.S. Appointment of Representative, completed and signed is required to be on file for each employer. This document provides authorization to F.A.R.M.S. to undertake on behalf of the employer the necessary steps to edit, process and disseminate order information locally and abroad. 

 

Application Process:

The Labour Market Impact Assessment (LMIA) applications MUST be completed in full, signed and either mailed or faxed to F.A.R.M.S. The application goes through a clearance process and when complete with all attachments it is sent to Service Canada. F.A.R.M.S. is available to assist with completing the initial and subsequent applications. A separate application is required for each type of request and country. 

 

The Employment Contract:

Employers are required to submit the applicable Agreement for the Employment in Canada of Seasonal Agricultural Workers with each Labour Market Impact Assessment Application submitted.

 

Named Workers: 

At the end of each year a summary of all the workers employed in that season is sent to each employer. Employers are asked to use the summary to identify named workers. Where multiple start dates are requested place the job start date beside the worker name. Draw a line through the names not being requested for that date or who may be requested on a separate order. Send the summary of worker names to F.A.R.M.S. with the completed application.

 

NOTE: THE APPLICATION, BOTTOM OF FIRST PAGE, CONTAINS A ‘SUBSTITUTE CHECK BOX’ AND IF YOU DO NOT WANT A ‘SUBSTITUTE’ WORKER TO TRAVEL IN PLACE OF A NAMED WORKER THIS BOX MUST BE CHECKED. THIS IS AN EMPLOYER DECISION. EMPLOYERS MUST KEEP IN MIND THEY ARE RESPONSIBLE FOR THE COST OF UNUSED SEATS IF CANAG IS NOTIFIED OF ‘NO SUBSTITUTE’ WITHIN 14 DAYS OF THE FLIGHT DATE. 

 

F.A.R.M.S. Administration Fee:

Payment is required at the time of placing an application.

Administration Fee is $40.00 plus 13% HST per worker arrival or transfer. The fee can be paid by cheque or by credit card by contacting F.A.R.M.S. directly at 1-866-271-0862. 

DEADLINE TO PLACE AN LMIA

F.A.R.M.S. can appreciate and understand why employers question the need to place applicaitons so far in advance of the job start, however, this chart is very necessary guideline.  There is no way of knowing what delays in a Labour Market Impact Assessment (LMIA) application may encounter from start to finish.  Please keep in mind your cooperation in meeting these deadlines will assist in ensuring sufficient time is being allotted to each part of the process on your behalf.

 

TIMEFRAME TO PLACE A REQUEST FOR SEASONAL WORKERS

REQUEST TO ARRIVE 

01 to 31 JANUARY              -  TIMEFRAME 05 –  26 SEPTEMBER          

01 to 28 FEBRUARY           -  TIMEFRAME   03 – 10 OCTOBER

01 to 15 MARCH                  -  TIMEFRAME  11  –  28 OCTOBER

16 to 31 MARCH                   -  TIMEFRAME  02  –  15 NOVEMBER   

01 to 30 APRIL                     -  TIMEFRAME  16 NOVEMBER - 01 DECEMBER 

01 to 31 MAY                        -  MUST be received  -  FEBRUARY 1st

 01 to 30 JUNE                       -  MUST be received  -  MARCH 1st

01 to 31 JULY                       -  MUST be received  -  APRIL 1st

01 to 31 AUGUST                 -  MUST be received -  MAY 2nd

01 to 30 SEPTEMBER           -  MUST be received  -  JUNE 1st      

            

        

YOUR COOPERATION IN MEETING THESE DEADLINE REQUIREMENTS WILL BE OF GREAT ASSISTANCE IN FULFILLING YOUR LABOUR REQUEST. NOTE - PROCESSING OF APPLICATIONS IS DEPENDANT ON COMPLETENESS AND VOLUME RECEIVED, PARTICULARLY IN DECEMBER.


Changes To The Application

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Types of Changes

Arrival Dates

It is appreciated that initial requests are placed as close to the job start date as can be determined from one season to the next. Certainly location of your farming operation and weather can influence the predicted job start date. A change to arrival date will be managed according to the length of notice you are providing and whether you are advancing or delaying the arrival.

Cancellation

As much notice as possible is necessary. If a cancellation is required within the 14 day penalty time frame you may be required to pay for the unused seat. Every attempt will be made to fill the seat for another employer however to do this the arrival time must coincide with the job start date for another employer. Each case can only be managed on an individual basis.

Name Change

Many employers keep in touch with their workers during the winter months it is definitely advisable to do this. Employers often find out about certain situations where a worker is not ready to travel as requested on the application. The employer in these cases may elect to place a change in worker names and the original named worker will arrive on a subsequent date.
Employers are requested to allow sufficient time (30 days) for the Foreign Ministry of Labour office to prepare for the change in worker names. In addition to advising F.A.R.M.S. who in turn will process the name change to all parties a call to the Liaison or Consulate office is recommended.

HOW TO PLACE a Cancellation - Change – Delay – Advancement

CONTACT F.A.R.M.S. or CanAg Travel directly to advise the type of change you wish to make against your LMIA application. The staff person handling the call will give you a five (5) digit confirmation number at the onset of taking the information on the change. The five digit number becomes the employer’s source of reference. A copy of the change will be sent to you.

 

Time Restrictions

14 DAY WINDOW (business days)
Fourteen business days prior to flight departure all seats are considered sold.

Employers are financially responsible for unused seats when a change is requested inside the 14 days from flight date.

Employers are cautioned to be very selective about requesting a change.

 

** Exception ** -

Arrivals between January 1 - 15 each year - no changes or cancellations are permitted after 30November.


Advertisement and Recruitment

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ADVERTISEMENT and RECRUITMENT

The policy of the Canadian government under the Temporary Foreign Work Program is to ensure that all employment opportunities for seasonal agricultural work in Canada are first made available to qualified Canadian citizens and permanent residents, before recourse is made to the Seasonal Agricultural Worker Program (SAWP).

IT IS MANDATORY TO ADVERTISE ON JOB BANK (www.jobbank.gc.ca) PLUS ONE SECONDARY SOURCE OF ADVERTISING

PLEASE NOTE:

1)  8 out of 10 Labour Market Impact Assessment applications are delayed from one to four weeks due to no ongoing advertising at the time of submitting the application.

2)  Employers are encouraged to keep ongoing advertising on the per-chance that they need to place another application due to a worker returning home, a medical condition, crop conditions, transfers, etc.

3)  The Job Bank advertisement and the second method of advertising must both have the same information

4)  The job duties in both advertisements must be the same as the duties entered on the application page 3 - Box 4.

5) The application is delayed further if the advertisement does not contain specific information such as, the current wage rate, seasonal full time employment, duties, etc. 

6)  The second source must indicate the start and end date to show the length of time it was posted.  If the second source is a poster in a store or community centre it must be signed by the owner indicating how long is was posted.

LABOUR MARKET IMPACT ASSESSMENT (LMIA) - TOP OF PAGE 8 SECTION ‘F’ RECRUITMENT AND ADVERTISEMENT – as illustrated below.

1.  All questions and chart are to be completed

NOTE:  At the bottom of the chart it states:

You must submit with your application proof of recruitment (i.e. copy of advertisements and information to support where, when and for how long the position was advertised.

  

2.  Please provide the following information. If you need more space, use a separate piece of paper.

 

  1. How many applications/resumes were received from Canadians/permanent residents?    3
    How many Canadian/permanent residents were not contacted or interviewed?      0
    How many Canadian/permanent residents were offered the position?:     3             
    How many Canadians/permanent residents were hired?:        1
    How many Canadians/permanent residents declined the position?:     1
     Of the Canadian/permanent residents contacted or interviewed, how many were not offered the position?     0

  2. Provide an explanation as to why each Canadian/permanent resident was not offered the position:

** NOTE:  "NO EXPERIENCE" IS NOT A VALID REASON TO REJECT AN APPLICANT

Note:  Supporting documentation such as job bank posting,  advertisements in local and national newspapers, or on recognized Internet job sites, and in professional publications, recruitment drives, as well as proof of participation in job fairs, etc., is required by Service Canada.

ESDC EMP5389 (2016-12-019) E           LMIA PAGE 8 OF 13

PLEASE CALL THE F.A.R.M.S. OFFICE 1-866-271-0862 IF YOU HAVE ANY QUESTIONS OR YOU NEED ASSISTANCE PLACING THE JOB BANK ADVERTISEMENT

Pears