NAMED WORKER or SUBSTITUTE WORKER

TAKE NOTE: ON THE LMIA ONLINE APPLICATION, A ‘SUBSTITUTE CHECK BOX’ IS THERE. IF YOU WANT ONLY A REQUESTED NAMED WORKER AND DO NOT WANT A ‘SUBSTITUTE’ WORKER TO TRAVEL IN PLACE, OF A NAMED WORKER, THIS BOX MUST BE CHECKED. IF IT IS NOT CHECKED A SUBSTITUTE WORKER MAY ARRIVE. THIS IS AN EMPLOYER DECISION. EMPLOYERS MUST KEEP IN MIND THEY ARE RESPONSIBLE FOR THE COST OF UNUSED SEATS IF CANAG IS NOTIFIED THE NAMED WORKER IS NOT READY TO TRAVEL WITHIN 15 DAYS OF THE FLIGHT DATE. YOU
MUST MAKE THIS DECISION BEFORE THE LMIA APPLICATION IS APPROVED AND SENT TO THE SUPPLY COUNTRY.

Deadline to Place a LMIA:
LMIA’s ARE REQUIRED TO BE RECEIVED AT F.A.R.M.S. 12-14 WEEKS PRIOR TO ARRIVAL DATE. See chart below

F.A.R.M.S. LMIA Process:
The Labour Market Impact Assessment (LMIA) application MUST be completed in full via the LMIA Online portal https://tfwp-jb.lmia.esdc.gc.ca/employer/

Employers must select F.A.R.M.S. as the third party on the LMIA online application form. The application when submitted will be sent directly to F.A.R.M.S.

The application goes through a clearance process and when complete with all attachments, F.A.R.M.S. will send to Service Canada.

A SEPARATE APPLICATION IS REQUIRED FOR EACH TYPE OF REQUEST AND COUNTRY.

List of Arrived 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 on future LMIA’s. 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. Upload the summary of worker names with the completed LMIA Online application. DO NOT PUT SIN OR HEALTH NUMBERS ON THE SUMMARY.

The Employment Contract:
The Caribbean Employment Contract for the countries of Barbados, Eastern Caribbean, Jamaica and Trinidad & Tobago and the Mexico Employment Contract is not required to be submitted with the LMIA. Employers must retain a signed copy on file for each temporary worker in their employ.

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

2024 DEADLINE TO PLACE A REQUEST FOR SEASONAL WORKERS

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 NOVEMBER/DECEMBER.

URGENT MESSAGE – EMPLOYERS ARE CAUTIONED TO RESTRICT ANY TYPE OF CHANGE TO THEIR LMIA’S LABOUR PLANS. 

TIME RESTRICTIONS

15 DAY WINDOW (business days)

Fifteen business days prior to flight departure all seats are considered sold.

**EMPLOYERS ARE FINANCIALLY RESPONSIBLE FOR UNUSED SEATS WHEN A CHANGE IS REQUESTED INSIDE 15 DAYS FROM THE FLIGHT DATE. EMPLOYERS ARE CAUTIONED TO BE VERY SELECTIVE ABOUT REQUESTING A CHANGE.

**EXCEPTION – ARRIVALS BETWEEN JANUARY 1-15 EACH YEAR – NO CHANGES OR CANCELLATONS ARE PERMITTED AFTER 15 NOVEMBER

Types of Changes

Delays – An employer can delay a worker if flight is at least 15 business days from the date the change is requested and b) delay is for more than 7 days from original flight date.

Advances – An employer can advance a worker up to 6 weeks from the date the change is requested and only if the advance is for more than 7 days ahead of the original flight date.

Cancellation – As much notice as possible is necessary. An employer can cancel workers if the flight date is AT LEAST 15 business days from the change date, not including the day of the flight.
EMERGENCIES ONLY (i.e. extreme weather/crop damage) – If a cancellation is required within the 15 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 the other employer. Each case can only be managed on an individual basis.

Name Change – If a work permit application is already in process for a worker, the name change will NOT be permitted. Arrival date must be 6 weeks ahead, from the date the change is requested.

Employers may request the named worker on a subsequent travel date if a date is open and not filled with a worker who has a work visa. A future LMIA can also be an option to name a particular worker provided seasonal housing is available. The Ministry of Labour in Mexico has advised that SAWP employers may not name a worker who is not already registered on SAWP.

HOW TO PLACE a Cancellation – Change – Delay – Advancement
CONTACT F.A.R.M.S. directly to advise the type of change you wish to make against your LMIA application. A copy of the change with a five (5) digit confirmation number on it, is sent to you for review. Please report any discrepancies immediately to F.A.R.M.S. Please do not contact Service Canada to place an order change for an approved SAWP LMIA as they will direct you back to F.A.R.M.S.