2018 Ontario Agriculture Wage Rates | [-] |
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2018 Program Related Costs | [-] |
RECOVERABLE COSTSTo Be Deducted From the Workers PayMEXICOTransportation Recoverable Cost: Starting the first full day of employment calculate 10% of the gross earnings per pay period and retain that amount as a recoverable cost to you towards transportation. Do not exceed the 2018 maximum of $543.00 for Toronto routes and $548.00 for Ottawa routes. MEXICO EXTENDED HEALTH DEDUCTION – The extended health coverage for Mexican workers is paid by the worker. Employers are requested to deduct ninety (.90) cents per day seven (7) days a week from the workers pay. The insuring company is Great West Life Assurance Company and Cowan Group is the Broker. Employers are required to pay the full invoiced amount and recover only that amount equal to the workers duration of employment. IF any plus/minus dollar difference exists at the end of the employment period the Employer and Cowan Group will manage this between each. Other Recoverable Cost for Mexico & Caribbean A deduction for Other Recoverable Costs towards utilities is set at $2.26 per working day. A working day for the purpose of this deduction is to be such that a WORKER completes a minimum of four (4) hours of work in a given day. Said deductions withheld under this provision is to be made for the current pay period only.
CARIBBEAN – INCLUDES BARBADOS, EASTERN CARIBBEAN, JAMAICA and TRINIDAD & TOBAGOTransportation Recoverable Cost:
Please be reminded workers are entitled by law to receive a pay stub to outline the deductions taken.
NON-RECOVERABLE COSTS ONTARIO F.A.R.M.S. ADMINISTRATION FEE – The F.A.R.M.S. administration fee of $45.00 + HST per worker arrival, or worker transfer is not a recoverable cost, therefore cannot be deducted from wages. Administration Fees must be received at the F.A.R.M.S. office before the order will be sent to the supply country. Administration fees are a processing fee and are not refundable. RECOGNITION PAYMENT – The amount of $4.00 per week to a maximum of $128.00 shall be paid every year to WORKERS with 5 or more consecutive years of employment with the same EMPLOYER, payable at the completion of the contract. This payment is subject to the applicable government tax deductions. In the case of Mexican workers, the recognition payment applies only where provincial vacation pay is not applicable. GROUND TRANSPORTATION – This is not a recoverable cost, therefore cannot be deducted from wages. EMPLOYMENT STANDARDS – Employers are not authorized (as per Employment Standards) to make “ANY” payroll deductions other than those governed by the Province of Ontario or the Mexican / Caribbean contracts.
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Transferring Workers | [-] |
What is a Transfer? What is a Double Transfer? NEW - SAWP WORKER TRANSFER FORMTO BE COMPLETED BY BOTH THE SENDING EMPLOYER AND THE EMPLOYER RECEIVING THE TRANSFERRED WORKERS - obtain a copy from this website under forms section. DO NOT TRANSFER A WORKER
TRANSFERS AND RECOVERABLE COSTSEmployers may continue to deduct the $2.25 per day utility cost provided four hours of work is completed. All other recoverable costs cannot be deducted without receiving confirmation from the sending employer on the amounts already deducted.
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Caribbean Early Cessation | [-] |
Please note: This breakdown is provided for quick reference only. Refer to the original agreement for details |
Mexico Early Cessation | [-] |
Please note: Hiring Foreign Agricultural Workers in Canada |
GENERAL PRINCIPLES FOR SAWP | [-] |
GENERAL PRINCIPLES FOR THE SEASONAL AGRICULTURAL WORKER PROGRAM This program operates on a Canadian First basis, which means, 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).
GENERAL PRINCIPLES and OPERATIONAL GUIDELINES The programs will be administered in accordance with the following general principles and operational guidelines:
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Administrative & Processing | [-] |
ADMINISTRATIVE & PROCESSING PROCEDURES1. ADVERTISING FOR LOCAL LABOUR The Seasonal Agricultural Worker Program (SAWP) is a Canadian First program. This means that if there is a suitable Canadian or permanent resident to fill your labour need that person is to be employed. All employers are required to advertise on the Government of Canada Job Bank website plus one other source in an attempt to first fill the job offer with a suitable Canadian or permanent residents prior to placing a request to fill their labour need under SAWP. Employers are encouraged to maintain an active recruitment program. 2. PARTNERSHIPS When several individuals (family or non-family) are working together in the same farming enterprise and one or more member(s) leaves the operation, the remaining member(s) is/are permitted to assume the existing SAWP Labour Market Impact Assessment (LMIA). The records would be amended to reflect the name of the current employer of record. 3. BUYING When buying a farming operation, any Labour Market Impact Assessment (LMIA) for SAWP worker(s) remains with the previous owner so a new LMIA is required for future requests for seasonal agricultural foreign workers. However, when ownership changes during the growing season, the new owner may be allowed to retain the SAWP workers employed on the farm for the balance of the season only. Work permits under SAWP allow workers to be transferred and employed with any grower who is participating in the program. Therefore, if the new employer is also a SAWP participant (i.e. has previously received an LMIA in the program and is approved by at least one of the participating source countries to receive workers), then the worker(s) may continue working on the farm for the new employer as long as all applicable transfer procedures are followed, and the terms and conditions of employment remain the same. 4. RENTING An employer renting an operation (land only), with an existing LMIA for SAWP workers must indicate on the LMIA this location as one where the workers will be working. Also, the SAWP workers are to be allowed to work only in specific locations as identified on the LMIA application. Should the employer eventually purchase the operation he/she had been renting, any requests for new or additional SAWP workers would be assessed independently and according to the availability of suitable Canadians and permanent residents. 5. AGREEMENT for the EMPLOYMENT in CANADA of SEASONAL AGRICULTURAL WORKERS from MEXICO or the COMMONWEALTH CARIBBEAN Commonwealth Caribbean – Employers are requested to send a signed employment contract with their LMIA Application. All workers are required to arrive with their own signed employment contract, the employer is asked to sign and photocopy it for their own record. The original copy signed by the employer must be returned to the worker. If a worker does not arrive with an employment agreement the employer should have one signed by both of them. Mexico – The Mexican Government Officials have advised Service Canada that the Mexican Consulate DOES NOT require a copy of the signed employer contract. Therefore the employer is required to submit a signed contract with their LMIA Application and retain a copy of the contract. All Mexican workers are required to arrive with their own signed employment contract. The employer is asked to sign and photocopy it for their own record. The original copy signed by the employer must be returned to the worker. If a worker does not arrive with an employment agreement the employer should have one signed by both of them. 6. AUTHORIZED TRAVEL AGENT Consistent with the bilateral MOU signed between Canada and the respective Caribbean and Mexico Governments, Service Canada recognizes and has accepted the F.A.R.M.S. request for CanAg Travel Services Ltd., to serve as the sole employer travel agent for users of F.A.R.M.S.
Service Canada Call Centre 1-800-367-5693 |
COMPLIANCE REVIEWS - INTEGRITY SERVICES | [-] |
COMPLIANCE REVIEWS - INTEGRITY SERVICES EMPLOYERS are to be aware that under the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR) and the Immigration and Refugee Protection Act (IRPA) guidelines are now in place to validate employer compliance, under the Seasonal Agricultural Worker Program (SAWP). TYPES OF REVIEWS UNDER INTEGRITY SERVICES 1. Random Inspection; 2. an Employer Compliance Review (ECR); 3. a review under Ministerial Instruction INSPECTIONS - THERE ARE THREE REASONS WHY AN EMPLOYER IS SELECTED 1. there is reason to suspect non-compliance (i.e. a tip was received) 2. previous non-compliance; or 3. random selection EMPLOYER COMPLIANCE REVIEW (ECR) 1. This type of review occurs as part of the Labour Market Impact Assessment (LMIA) to verify past compliance. 2. If an employer has had a previous review conducted they may be selected again to ensure the employer is meeting the program requirements for wages, occupation and working conditions.
MINISTERIAL INSTRUCTION REVIEW 1. Since 2013 there are public policy considerations in ministerial instruction reviews; in contrast to compliance reviews and inspections. 2, the purpose of this type of review will determine if new information received will justify the suspension/revocation of an approved LMIA. 3. This review may occur at any time even after a positive LMIA has been issued CONDITIONS IMPOSED ON EMPLOYERS TO MEET PROGRAM COMPLIANCE
The Government of Canada has launched a Confidential Tip Line to report abuse of any Temporary Foreign Worker. A new Complaints Web page has also been launched to submit tips easily and securely online. The Government will continue to review each and every complaint to make sure that employers who are breaking the rules are caught and face the consequences. For more information visit:
Employer Compliance Review Document Checklist Documents/information that must be retained for 6 years (this is by no means an exhaustive list):
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2018 SAWP Checklist for Ontario | [-] |
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Please keep in mind that the participating countries and the Canadian immigration offices abroad need additional time to process orders and document workers.
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REMINDERS | [-] |
R E M I N D E R S SOCIAL INSURANCE NUMBERS (SIN)
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