RECOVERABLE COSTS

To Be Deducted From the Workers Pay

MEXICO

Transportation 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 & TOBAGO

Transportation 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.

What is a Transfer?
A worker who has completed the work period for the original (first) employer, but, who has not been in Canada for a maximum of eight months and wishes to transfer to a second place of employment as approved. The worker will return home from the second employer who will be responsible for the southbound airfare.  Transfers also occur in unique situations where after a short employment period with the first employer the worker agrees to be transferred to a second employer. An administration fee applies to a transferred worker.

What is a Double Transfer?
A worker who transfers from the original employer to a second employer and transfers back to the original employer is a double transfer.  The work period is completed and the worker returns home from the original employer who will be responsible for the southbound airfare. (No administration fee applies to a double transfer) Employers are asked to honor their commitment to each other.  No administarion fee applies to a double transfer.

NEW - SAWP WORKER TRANSFER FORM

TO 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

• Without completing the signed SAWP Worker Transfer Form (found on this website under forms section)– this form is to be completed by the sending employer who is required to obtain the Transfer / Double Transfer approved LMIA application number from the employer receiving the Transfer / Double Transfer workers. Each party sending and receiving employer should keep a copy of the SAWP WORKER TRANSFER FORM.The receiving employer is responsible to provide a copy after 10 days of employment to the Liaison and F.A.R.M.S. The Mexico Consulate offices do not require a copy.

• Prior to checking with F.A.R.M.S. if a Labour Market Impact Assessment (LMIA) has been received and approved for the employer where the worker(s) will be transferred to. Each time a worker is transferred an approved LMIA is required.

• Understanding there is a seven (7) day trial period for a transferred worker.

• Without providing the employer receiving the worker(s) with the necessary payroll information (including their TD1). The payroll information totals will confirm if further transportation deductions are allowed to be taken from the worker(s) pay.Generally speaking, if the worker is transferring after 20 weeks (120 days) of employment the full amount of the allowable transportation will have already been taken.

• Without the knowledge that any movement of workers from one employer to another without the proper documentation and approval will place both employers in non-compliance of the terms and conditions of the Employment Agreement

TRANSFERS AND RECOVERABLE COSTS

Employers 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.

Please note: This breakdown is provided for quick reference only. 

Refer to the original agreement for details

Please note:
This breakdown is provided for quick reference only.
Refer to the original agreement for details.

Hiring Foreign Agricultural Workers in Canada
www.hrsdc.gc.ca/en/epb/lmd/fw/seasagri.shtml
Foreign Worker Program - Application Forms
www.hrsdc.gc.ca/en/epb/lmd/fw/forms.shtml

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:

1. SAWP workers are to be authorized for employment in agricultural commodity sectors specified under the National List of SAWP Commodities during peak activity periods where the supply of Canadian workers is determined to be inadequate

2. The programs operate on a seasonal basis; and the term…”Seasonal basis” is understood to refer to both the worker and the work. Workers temporarily admitted to Canada under SAWP be given work terms exceeding 8 months duration.Employers can access SAWP from 01January to 15 December.It is to be clearly understood, by ALL parties, that every worker is to be repatriated by 15 December.

3. Caribbean and/or Mexican workers are to be provided with suitable accommodation that meetProvincial / Municipal housing standards, receive the prevailing approved rates of pay for the work involved, and are to be treated in a fair and equitable manner by the farm employers.

   1.           NEW EMPLOYERS OR ADDITONAL WORKERS 

   Employers requesting a higher number of workers than in the previous year will be assessed not only in the working conditions and factors considered in the Labour Market Impact Assessment (LMIA) process but also in relation to why the increase.

   2.           TERMS AND CONDITIONS

   The terms and conditions, as well as program operations governing SAWP, have been negotiated by the Government of Canada, the government of Mexico, the governments of the participating Caribbean countries, and industry representatives. Employer’s request to participate in SAWP are subject to their acceptance of conditions set out in the employer/employee contract, the context of the LMIA, compliance with the Immigration and Refugee Protection Regulations in relation to TFWP and, in some instances, to their payment of a user-fee to F.A.R.M.S. who have been recognized by ESDC / Service Canada to perform an administrative role in program delivery.

   3.           EMPLOYMENT AGREEMENT

   The contract provides for employment of not less than 240 hours in a period of six weeks or less but NOT MORE THAN EIGHT MONTHS. In the case of workers who are transferred to another farm following completion of their contract, the 240 minimum hours of work DOES NOT apply.

   4.           PERIODS OF EMPLOYMENT

   All participating commodities are required to maintain the following term of employment:

   01 January  To  15 December

   5.           WAGES

   Employers are required to pay the greatest of:

4. the minimum agricultural or provincial wage rate;

5. the prevailing SAWP rate as determined by E.S.D.C. / Service Canada

6. or, the rate being paid by the employer to Canadian workers doing the same work.

   6.           SELECT COUNTRY

   Employers participating in the SAWP are responsible for selecting the source country from the Caribbean or Mexico.  

   7.           REQUESTS FOR FEMALE WORKERS

   Although most workers entering Canada under SAWP are male, all countries have requested to supply female seasonal agricultural workers, provided acceptable accommodation arrangements are available.

   8.           IMMIGRATION and REFUGEE PROTECTION ACT (IRPA) and the IMMIGRATION and REFUGEE PROTECTION REGULATIONS (IRPR)

   Employment and Social Development Canada/Service Canada now have the authority to conduct inspections to verify an employer's compliance with the conditions in IRPR for a period of 6 years (refer to pg. 25).  A Confidential Tip Line and a Complaints Web page is available to report abuse of a Foreign Worker. Each and every complaint will be reviewed by Integrity Services.             

    

 ADMINISTRATIVE & PROCESSING PROCEDURES

1.           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

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

• retain any document that relates to compliance and confirmed in the Labour Market Impact Assessment 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 foreign worker.
• Examples are: retain a copy of the signed employment agreement for each worker, keep accurate payroll records, plus any and all other documentation that relates to the employment of Seasonal Agricultural Workers
• make reasonable efforts to provide a work place that is free of abuse; and
• hire or train, or make reasonable efforts to hire or train, Canadians or permanent residents, if that was one of the factors that led to the issuance of the work permit

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:

https://www.canada.ca/en/employment-social-development/services/foreign-workers/employers/employer-compliance.html              

Employer Compliance Review Document Checklist

Documents/information that must be retained for 6 years (this is by no means an exhaustive list):

• Signed SAWP employment agreement (signed by worker, employer, and foreign government)

• Additional signed deduction agreements if applicable, examples could be:

  - agreement for a pay advances provided to a worker and recovered from their pay cheque

  -agreement for worker to work 7 days per week, waiving the right to one day off per week

  -worker request to have internet, satellite tv etc. deducted from pay

• Copy of LMIA Application submitted to F.A.R.M.S.

• Copies of all advertisements listed on LMIA applications (must show duration of ads)

• Payroll statements including number of hours worked, hourly wage, and all deductions

• Bank statements or cancelled cheques corresponding to payroll statements

• In the case of piecework, proof that worker was paid wages at least equivalent to one hour of employment for every hour worked on the harvest

• Timesheets including daily start and end times

• Proof worker went home at end of season and payment of round trip airfare (credit card receipts/bank statements, airfare invoice)

• Proof of enrollment in provincial health & safety compensation organization (E.g. Ontario – WSIB)

• Documentation of all pesticide training (informal or formal)

• Mexico - proof of private health care coverage

• Housing Inspection Reports and rental agreements if housing is not owned by employer

• Vacation Pay- Proof of harvesting hours worked (refer to Employment Standards for details)

• Abuse Free Workplace Policy (handbook or posted at workplace)

• Proof if workers were transferred to another SAWP employer with the completion of the SAWP Worker Transfer Confirmation Form

• Documentation for all work locations listed on LMIA application (including rental agreements if land is not owned by employer)

• Mexico – Uniforms - proof the worker was charged 50% of employer’s actual cost for uniforms

• Labour Market Impact Assessment (LMIA) application - please ensure you check for latest version on F.A.R.M.S. website -  only the contacts listed on LMIA application  may sign last page of application

• FARMS summary for names/requested dates of workers or alphabetical list by worker last name with worker codes - no need to fill out worker names again on 'Annex A' (page 8 of application) if you are submitting the FARMS summary of names

• Caribbean or Mexico Agreement for Employment - Please use only the interim 2018 agreement (mailed to employers with early arrivals). 2018 employment agreement must be used after it is available (after January 1, 2018). Fill out only employer section on last page of agreement and employer must sign

• Government Job Bank advertising www.jobbank.gc.ca plus one other source - mandatory to send copies of Job Bank and secondary ads and dates ad appeared with LMIA

• Approved housing MUST have an inspection date no longer than 8 months prior to submission of the LMIA application (effective January 1, 2018) and LMIA application MUST state when a housing inspection is expected to be obtained for 2018.

• Call F.A.R.M.S. at 1-866-271-0862 to pay the administration fee of $45.00 + $5.85 H.S.T. for a total of $50.85 per worker for direct arrivals and transfers (Ontario Employers). Cancelled vacancies are non-refundable.

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• Current documents (LMIA etc) can be found at www.farmsontario.ca

• Fill all forms out completely, sign/witness/date where applicable

• Send LMIA application and all required documents to F.A.R.M.S. 12-14 weeks in advance of arrival date, by fax at 905-568-4175 or email farmsaccess@farms-canag.com 

• Have you advertised for at least 14 days in the last 3 months? E.g. kijiji or online job sites, newspaper, local stores or employment centres. Ongoing advertising is ADVISED.

• Did you indicate the names of all sources of advertising, Job Bank number, dates and duration of advertising, and INSERT results on page 4 and 5 of the LMIA application?

• Did you include BOTH copies of ads? Do ads state the wage rate, start date, duties, job location, "full time" or at least 40 hours or more per week? (Advice: keep experience requirement to a minimum if experience is needed)

• Does wage rate on ads match your LMIA application? REMINDER! Wage rate increases to $14.00/hr as of January 1, 2018 – all ads and application must state at least $14.00/hr

Please keep in mind that the participating countries and the Canadian immigration offices abroad need additional time to process orders and document workers.

R E M I N D E R S

SOCIAL INSURANCE NUMBERS (SIN)

• Workers receive a piece of paper every year with their active SIN on it, replacing the old plastic cards

• Workers must present themselves to Service Canada and make application for a SIN every year; the SIN now has an annual expiry date for non-residents

• Airport processing now in place with ALLOWABLE TIME     

• Workers arriving on flights prior to 9:00 p.m. Monday to Friday receive their SIN at the airport

• Workers who arrive on flights after 9:00 p.m. or weekends DO NOT RECEIVE THEIR SIN at the airport. Employer’s will be contacted by Service Canada and by appointment will be requested to take the worker to the local office to make application for a SIN

• Employers are required by law to obtain a SIN for every person they employ.

  COMPLIANCE REVIEW INSPECTIONS / INTEGRITY SERVICES

• Employers are required to keep every document in relation to the employment of Seasonal Agricultural Workers for a period of six (6) years.If in doubt whether to keep something, keep it.

  EMPLOYMENT AGREEMENTS

• Employers must keep a copy of every workers employment agreement signed by the worker and the employer. The employer must ensure the worker is given a copy. In the case of a worker arriving without the signed agreement the employer is required to ensure one is signed and retained.

  ADVERTISING 

• Labour Market Impact Assessment (LMIA) Applications received without two sources advertising posted in the last three months for a minimum of 14 days WILL BE HELD by F.A.R.M.S. until the advertising is received and the minimum posting time is met.

  DEADLINE TO SUBMIT AN LMIA

• A minimum of 12-14 weeks or more lead time is required to place an LMIA application.

• Service Canada processes applications for all of Canada, except Quebec.When F.A.R.M.S. receives an application late or holds it for advertising it eventually falls behind every province in the queue.

  TRANSFERS

• Transfers require current advertising posted for a minimum of 14 days or the application is held.

• Do not release workers on transfers without checking with F.A.R.M.S. that an approved LMIA is open to receive the workers. Both Employers are considered non-compliant without the approved LMIA in place. The new SAWP Worker Transfer Form is mandatory.

  PHOTO HEALTH CARDS

• Employers are required to take workers who need a five year renewal picture and those who need a first time photo to the local Service Ontario office as soon as possible after arriving.

  WORKER DEDUCTIONS

• Employers are not allowed to take any deductions from a worker’s pay unless it is specifically stated in the Employment Agreement as an allowable deduction.Re-capturing a pay advance given at the time of arrival is in the contract, employers are encouraged to adhere to the process outlined.