NEW – SECTION 2 PART A LODGING, CLAUSE 2: LODGING, MEALS AND REST PERIODS
This clause was modified to include that accommodations with laundry facilities must, in addition to having an adequate number of automated washing machines, also be equipped with an adequate number of automated dryers, at no cost to the worker. Where accommodations require paid laundry facilities offsite, the employer is responsible to provide free transportation once-a-week and further to provide the worker with a weekly amount of $16.50 per week towards laundry costs, OR, provide once-a-week laundry service.
FREQUENTLY ASKED QUESTIONS
1. ARE SEASONAL HOUSING INSPECTIONS MANDATORY?
Yes, Service Canada requires employers to ensure that the housing provided to TFW’s has been inspected by the appropriate provincial or municipal authority.
2. WHEN DO I CONTACT MY HEALTH INSPECTOR TO ARRANGE AN INSPECTION?
Housing must be inspected in the last 8 months prior to the date the LMIA application is received by Service Canada. Employers must give health inspectors ample time to inspect, BEFORE housing is winterized. If an LMIA application is submitted to F.A.R.M.S. with expired housing, the application will be held at F.A.R.M.S. until an approved HIR is received.
3. DO I HAVE TO UPLOAD MY HOUSING INSPECTION REPORT (HIR) TO LMIA ONLINE?
Yes, employers must upload the HIR with their LMIA application. The HIR must:
• have all relevant sections completed
• indicate the maximum number of workers permitted per approved accommodation
• indicate an inspection date within the last 8 months (must be accompanied by approved water results from within the last 8 months for private water supply systems)
An approved re-inspection report is required if the original report contained any violations. Failure to meet the requirements for the housing inspection report without justification will result in the LMIA application being considered incomplete.
4. IS APPROVED HOUSING REQUIRED FOR TRANSFERS OR REPLACEMENTS?
An approved HIR with an inspection date within the last 8 months is required for Transfer, Double Transfer and Double Arrival LMIA applications.
For Replacement or Replacement Transfer LMIA applications, the same inspection report can be used, even if it is more than 8 months old.
5. DO ANY OTHER AGENCIES INSPECT SEASONAL HOUSING?
Yes, The Liaison or Consulate office may choose to inspect housing, as well as municipal fire and building departments. Repairs or improvements may be required before any of these agencies allow TFW’s to occupy the housing. The Service Canada Integrity Services Branch (ISB) may also inspect housing at any time. The condition of seasonal housing is one of the main non-compliant items that ISB finds. A pending LMIA can be suspended for non-compliance, including unacceptable housing.
6. WHAT IS REQUIRED FOR HOUSING RENTALS/SUBLETS?
Employers often sublet/rent approved housing facilities to other employers. In this case Service Canada requires a letter to be uploaded with the LMIA application, from the Employer who is subletting as well as proof of an approved inspection (HIR).
• The letter must be dated (within the program year)
• The letter must give permission to employer placing the LMIA to use the housing
• The letter must state number of workers being housed at the location
• The letter must state the exact address of housing being used
• The letter must state length of time workers will live at this location (should match arrival/departure dates on LMIA)
• The letter must be signed by owner of housing AND the employer using the housing
7. WHAT IS REQUIRED FOR NEW BUILDS?
For new builds, the employer must submit evidence with the LMIA application, such as the contract with the supplier with an expected delivery date, and identify an alternative option if the building is not ready in time for worker arrival (e.g. a commitment to book hotel accommodations if housing is no longer available). The structure must be completed no less
than 1 month before workers arrive. Employers must provide an approved HIR to F.A.R.M.S. and Service Canada when available. The approved LMIA may be revoked if the housing does not meet TFWP requirements.
8. WHAT IS REQUIRED FOR COMMERCIAL ACCOMMODATIONS?
For commercial accommodations (e.g. motels and hotels), the employer must provide proof of a reservation, and the rating of the accommodation with the LMIA application. If the accommodation is rated online as 3 stars or above, the housing inspection will be waived. Employers must ensure that:
• There is one bed for every worker, workers cannot be required to share a bed with others
• Accommodations are provided with cooking facilities, or if cooking facilities are not available, then employers must provide meals to workers. Employers should refer to the employment contract for more information on meal deductions.
9. WHERE CAN I FIND MORE INFORMATION ON HOUSING GUIDELINES?
Please contact your local health unit to discuss seasonal housing requirements.