1. CHANGING BUSINESS IDENTIFICATION NUMBER (BIN)
An Employer who decides to change their Business Identification Number must update the Job Bank Account with the new BIN. If the Job Bank Account is not updated and an LMIA Online is submitted and received by Service Canada the LMIA will be viewed as incomplete and rejected.
In addition, when a new LMIA is placed with a new BIN for the first time the Employer is required to upload supporting documents proving business legitimacy. Supporting documents can be found at: https://www.canada.ca/en/employment-social-development/services/foreign-workers/business-legitimacy.html
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, 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, it must indicate on the LMIA this location is one where the workers will be working.
SAWP workers are to be allowed to work only in specific locations as identified on the LMIA application. In the event 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 six 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. Employers are required to maintain a signed copy of the employment contract for each worker for a period of six years. If a worker does not arrive with an employment agreement the employer should have one signed by both of them. The employer is required to contact the Liaison Service or Consulate office to arrange to obtain the Government Agents signature on the employment agreement.
6. AUTHORIZED TRAVEL AGENT
The respective Caribbean and Mexico Governments and Service Canada recognizes and has accepted F.A.R.M.S. request for CanAg Travel Services Ltd., to serve as the sole employer travel agent for employers who use the services of F.A.R.M.S.