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 placed on hold as a result of unacceptable housing.
Section II, of the Employment Agreement states the Employer agrees to: ‘Provide clean adequate living accommodations to the Worker, without cost….must be equipped with laundry facilities including an adequate number of washers, and where possible, dryers…where accommodations are not equipped with laundry facilities, the Employer must provide weekly transportation to a laundromat at no cost to the Worker, and will provide the Worker with $5 per week towards laundry costs. Such accommodation must meet with the approval of the appropriate government authority responsible for health and living conditions ion the province where the Worker is employed.
(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.
The housing report must:
As 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.
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.
Yes! Service Canada requires copies of ALL approved housing and private water reports with the LMIA application.
You – the Employer is required to contact their local public health unit to arrange a time for inspection.
Yes! You may place the LMIA application however until the Ministry of Health provides to F.A.R.M.S. 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 than What was Approved – 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.
Yes! A further inspection by a Foreign Government Official will almost always happen 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.
A complete housing guideline is available on the F.A.R.M.S. website or you may contact F.A.R.M.S. to request. Individual employers are responsible to make themselves aware of the guidelines and ensure any maintenance and repairs requested are completed every year.
Employers often sublet Bunkhouses 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.
It is important to keep F.A.R.M.S. updated with all Bunkhouse locations.
The housing guidelines are available in a PDF document. Click Here to download the file.