Administration & Processing


ADMINISTRATIVE & PROCESSING PROCEDURES

1. ADVERTISING FOR LOCAL LABOUR

All employers are required to advertise on the Government of Canada Job Bank website plus one other source in an attempt to first fill the job offer with a suitable Canadian or permanent residents prior to placing a request to fill their labour need under SAWP. Employers are encouraged to maintain an active recruitment program.

2. PARTNERSHIPS

When several individuals (family or non-family) are working together in the same farming enterprise and one or more member(s) leaves the operation, the remaining member(s) is/are permitted to assume the existing SAWP Labour Market Impact Assessment (LMIA).  The records would be amended to reflect the name of the current employer of record.

3. BUYING

When buying a farming operation, any Labour Market Impact Assessment (LMIA) for SAWP worker(s) remains with the previous owner so a new LMIA is required for future requests for seasonal agricultural foreign workers.

However, when ownership changes during the growing season, the new owner may be allowed to retain the SAWP workers employed on the farm for the balance of the season only.  Work permits under SAWP allow workers to be transferred and employed with any grower who is participating in the program.  Therefore, if the new employer is also a SAWP participant (i.e. has previously received an LMIA in the program and is approved by at least one of the participating source countries to receive workers), then the worker(s) may continue working on the farm for the new employer as long as all applicable transfer procedures are followed, and the terms and conditions of employment remain the same.

4. RENTING

An employer renting an operation (land only), with an existing LMIA for SAWP workers must indicate on the LMIA this location as one where the workers will be working.

Also, the SAWP workers are to be allowed to work only in specific locations as identified on the LMIA application. Should the employer eventually purchase the operation he/she had been renting, any requests for new or additional SAWP workers would be assessed independently and according to the availability of suitable Canadians and permanent residents.

5. AGREEMENT for the EMPLOYMENT in CANADA of SEASONAL AGRICULTURAL WORKERS from MEXICO or the COMMONWEALTH CARIBBEAN

Commonwealth Caribbean – All workers are required to arrive with their own signed employment contract, the employer is asked to sign and photocopy it for their own record.  The original copy signed by the employer must be returned to the worker. If a worker does not arrive with an employment agreement the employer should have one signed by both of them. Employers are required to maintain a signed copy of the employment contract for each worker for a period of seven years.

Mexico – The Mexican Government Officials have advised Service Canada that the Mexican Consulate DOES NOT require a copy of the signed employer contract. All Mexican workers are required to arrive with their own signed employment contract. The employer is asked to sign and photocopy it for their own record.  The original copy signed by the employer must be returned to the worker. If a worker does not arrive with an employment agreement the employer should have one signed by both of them. Employers are required to maintain a signed copy of the employment contract for each worker for a period of seven years.

6. AUTHORIZED TRAVEL AGENT

Consistent with the bilateral MOU signed between Canada and the respective Caribbean and Mexico Governments, Service Canada recognizes and has accepted the F.A.R.M.S. request for CanAg Travel Services Ltd., to serve as the sole employer travel agent for users of F.A.R.M.S.