HRSDC Assessment Under the Seasonal Agricultural Worker Program

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To assist you in the application process for foreign workers under the Seasonal Agricultural Worker Program (SAWP), below is a description of the factors that HRSDC takes into consideration when reviewing your job offer. Submitting a complete application and providing information on these factors can result in faster decisions by HRSDC and CIC officers and reduce delays in the recruitment of agricultural foreign workers.

When assessing your job offer, HRSDC considers primarily :

• the occupation that the agricultural foreign worker will be employed in;
• the wages and working conditions offered; and
• your advertisement and recruitment efforts.

You should also be aware of :

• the process of recruitment of the foreign workers under SAWP;
• housing requirements for workers;
• transportation and work permit fees for the workers;
• employer-employee contracts; and
• health and workplace safety for the workers.

Occupation

HRSDC and CIC use the National Occupational Classification (NOC) system to categorize the job you are filling based on the majority of duties you expect the foreign worker to perform. HRSDC also uses the NOC occupation to identify wages and labour market trends when assessing your job offer. The NOC system can help you as an employer more accurately describe the duties and identify the occupation that the agricultural foreign worker will be expected to perform, noting that HRSDC officers will work with you if the NOC does not precisely reflect your employment needs.

• Find a detailed NOC job description .
• Learn more about the NOC in general .

Wages and Working Conditions

HRSDC reviews the wages that you are offering to the foreign worker, and compares them to wages paid to Canadians in the same agricultural occupation based on labour market information from Statistics Canada, HRSDC, provincial ministries, and other reliable sources. Please be aware that if you are offering wages below rates paid to Canadians in the same agricultural occupation, HRSDC will not confirm the hiring of the Foreign Worker.

HRSDC also expects that you are providing working conditions that are consistent with provincial standards for the occupation and workplace.

• Learn more information about provincial labour standards in Canada

Advertisement and Recruitment

HRSDC generally requires evidence of recruitment efforts to find qualified Canadian agricultural workers before applying to hire foreign workers.

You will be asked to provide copies of advertisement in local and national newspapers, recognized INTERNET job banks, job-specific and professional publications, along with receipts to show how long the advertisements were published.  The advertisements must clearly show the job duties, position requirements, wages and working conditions for the agricultural occupation.

In some situations, evidence of recruitment of Canadians through other means such as job fairs, co-operative education programs, and apprenticeships may be acceptable.

In addition to advertisement, showing active hiring of Canadian agricultural workers and recruitment through HRSDC and provincial employment programs for youth, aboriginals, recent immigrants, and unemployed Canadians will also support your application.

• Learn more about HRSDC supports for employers on human resources planning and recruitment

Housing

Under the SAWP, you are expected to provide free accommodation to foreign workers in your farm. HRSDC expects you to show evidence that the seasonal housing has been approved by the appropriate provincial/municipal body before confirming the hiring of the agricultural foreign workers.

Recruitment of Foreign Workers

To effectively handle the large amount of employer requests for foreign agricultural workers in short periods of time, two non-profit, employer-based organizations have been set up to assist employers in the processing of agricultural foreign workers. The Foreign Agricultural Resource Management Services (FARMS) in Ontario and Nova Scotia, and FERME in Quebec, New Brunswick and Prince Edward Island will help you with travel arrangements for the workers, and contact foreign governments (Mexico and Caribbean) to start the recruitment process.

Transportation and Work Permit Fees

Under the SAWP, you, the employer, must advance the costs of 2-way airfare and CIC work permit fees ($150) for the foreign worker before his/her entry into Canada. You may be able to deduct up to a maximum of $450 from the workers' pay during his/her stay in Canada to cover these costs.

Employer-Employee Contract

Before CIC allows the entry of an agricultural foreign worker into Canada, CIC expects that the foreign worker present a copy of the SAWP employer-employee contract signed by you and the foreign worker. In case of differences between the employer and the foreign worker, the contract will guide the resolution of disputes. In cases of demonstrable breaches of the employer-employee contract, where no reparations have been made, HRSDC reserves the right to discontinue service to an employer for the hiring of foreign workers.

Please be aware that in addition to the employer-employee contract, foreign workers, like Canadians, are also covered by provincial labour and workplace safety legislation.

Health and Workplace Safety

As outlined in the employer-employee contract, you, the employer, must ensure that all foreign workers are covered by private or provincial health insurance at all times. If private health insurance must be provided, you, the employer, must pay for the insurance and these costs cannot be recovered from the workers.

Under the employer-employee contract, you must also register all foreign workers under the appropriate provincial Workers' Safety and Compensation Board.