The Recognized Employer Pilot (REP) was designed to lessen paperwork for employers and by doing so still provide easier access for employers to fill their labour needs. Qualified employers with good standing in past years of accessing any of the primary agricultural temporary foreign worker programs are eligible. Qualified equates to items like, not having negative compliance issues, no reports on mistreatment of workers, etc.
Ideally an employer should place their LMIA and at the same time make application for REP status, Service Canada refers to this as a Dual Application. Many employers did that and received an LMIA with a 36 month expiry date. Yes, this meant the employer would not need to submit another LMIA for three years. Sadly, F.A.R.M.S. deflated this bubble by advising employers that yes their LMIA would be resubmitted on their behalf in the 2nd and 3rd years however, the housing inspection, workers name list with requested arrival dates, etc., would still be required. It would be irresponsible of F.A.R.M.S. to process an LMIA approved last year and think it will fit this year, employers make changes.
A REP 36 month approved LMIA allows an employer to request workers in year one, year two and year three without resubmitting an LMIA in year two and three unless in year three the total number of workers remaining is less than what the employer requires.
As an example, the REP LMIA is submitted and approved for 20 workers in year one (2024) also approved for 20 workers in year two and 20 workers in year three. Essentially a total of 60 workers is approved on the 36 month LMIA.
What does this mean to the employer? In year one (2024) the employer requests 20 workers and finds only 18 are sufficient which leaves the 2 workers not arrived. The 2 workers are still available to request in year two or year three. This example can also be applied in the reverse situation. In year one the employer requests 20 workers and finds 5 more workers are needed.
The employer will contact F.A.R.M.S. to place this request, provides the relevant information on worker names, etc. The available workers will then decrease for year two or year three by 5 which, makes year three the deciding factor for the employer to place another LMIA or not.
Service Canada decided to throw a ‘a little hiccup’ into the process and decided it would be fair, to make available what Service Canada refers to as Retro-status REP to all of those employers who submitted an LMIA prior to the September start date based on eligibility. These employers LMIA’s were assessed and now closed with no availability to a 36 month validity but instead, a 24 month validity. This meant those employers are required to apply again within one year from 16 September 2023 to September 2024 for REP status.
IMPORTANT NOTES TO REP:
F.A.R.M.S. Administration Fees are applicable each year on the number of workers requested.
An LMIA with a 36 month validity does not include transfers. A regular LMIA Online application is required to be placed on a transfer and any other order type that does not require a flight. Double arrivals – please contact F.A.R.M.S. for direction.