EMPLOYERS ARE TO BE AWARE that the conditions of seasonal housing is one of the main non-compliant items Integrity Services finds. An LMIA can be suspended for non-compliance, including unacceptable seasonal housing.
Section II, of the Employment Agreement states the Employer agrees to:
1.Provide clean, adequate living accommodations to the Worker, at no cost to the Worker… Such accommodation must meet with and continue to abide by the annual approval of the appropriate government authority responsible for health and living conditions in the province where the Worker is employed and the Government Agent.
2. Provide accommodations equipped with laundry facilities including an adequate number of washing machines, and where possible, dryers.
Where accommodations require paid laundry facilities, the Employer will provide the a Caribbean worker with $5.28 per week and provide a Mexican worker $5.00 per week towards laundry costs. Employer must provide weekly transportation to a laundromat at no cost to the Worker.
(The aforementioned section is condensed not verbatim)
INSPECT WITHIN AN 8 MONTH PERIOD PRIOR TO SUBMITTING AN LMIA
Effective 01 January 2018, Employment and Social Development Canada (ESDC) implemented a standard where employers are required to obtain a housing inspection report within the 8 month period prior to Service Canada receiving the LMIA application.
These requirements ensure that:
• the housing provided to temporary foreign agricultural workers has been inspected
• all conditions on the housing inspection report have been addressed
These additional requirements will include that the housing inspection report must:
• have all relevant sections completed
• indicate the maximum number of workers permitted per approved accommodation
• indicate that the housing has been inspected in the last 8 months prior to the date the LMIA application is received (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.
Note: In the case where an employer may need to re-apply for TFWs replacement. The same inspection report can then be used, even if it is
more than 8 months old.
Yes! Housing inspections must meet the standards set by the Ontario Ministry of Health and be conducted within 8 months prior to submitting an LMIA. Employers are strongly encouraged to plan ahead so only one inspection per season is required.
HOW ARE SEASONAL HOUSING INSPECTIONS ARRANGED?
You – The Employer is required to contact their local office of the Ministry of Health to arrange a time for the inspection. If your most recent housing inspection report has expired, please ensure that you give your health inspector ample lead time to schedule an inspection, well ahead of the submission of your LMIA application to F.A.R.M.S.
NO INSPECTION LAST SEASON – DOES THIS AFFECT AN LMIA?
Yes! You may submit the LMIA to F.A.R.M.S. however until the health inspector provides to the employer a confirmation of the approved inspection from within the last 8 months, the LMIA will be held.
LAST YEAR SEASONAL HOUSING WAS APPROVED AND THIS YEAR THE NUMBER OF WORKERS REQUESTED WILL BE HIGHER – DOES THIS MAKE A DIFFERENCE?
Yes! Where an employer requests a higher number of seasonal agricultural workers than last year the request for the additional number of workers will be held until the housing inspection is provided. It is suggested that two LMIA applications are placed, one to request the number of workers the housing was approved for last year and a second one only for the increased number of workers.
DOES ANYONE FROM THE SAWP SUPPLY COUNTRY INSPECT THE SEASONAL HOUSING?
Yes! A further inspection by a TFW government agent (liaison officer) will almost always take place either prior to or after the worker arrival. If any concerns arise at the time of their visit it is appropriate they are discussed with the employer. Repairs or improvements may be required before the liaison office will allow workers to occupy the residence.
WHAT IS REQUIRED FOR HOUSING RENTALS/SUBLETS?
Employers often sublet approved Housing Facilities to other employers. In this case F.A.R.M.S. requires notice in writing from the Employer
who is subletting and proof of an approved inspection.
Please contact your local health unit to discuss seasonal housing requirements.