Caribbean and Mexican Seasonal Agricultural Workers Program: Operating Guidelines
2006 ADMINISTRATIVE AND PROCESSING PROCEDURES
1. Process foreign worker requests promptly to ensure workers' timely arrival.
2. Human Resources Activities Record - The Human Resources Activities Record is designed to assist employers in the Human Resource Planning process. Service Canada Centres (SCCs) may also find this document beneficial in recording LMI pertaining to the employment activities of agricultural employers. The application of this document by employers and SCCs is strongly encouraged.
3. Advance Requests - With reference to the attached Policy Statement, employers are to advise their local SCC office at least 8 weeks prior to job start of their total agricultural labour requirements for which SCC assistance is being sought. Employers are required to maintain an active recruitment program and advise their local SCC of the outcomes. Each employer's request will be assessed in relation to the adequacy of the job offer, the availability of suitably qualified Canadian agricultural workers, as well as the employer's previous experience in attracting and maintaining workers. Should the recruitment for Canadian workers be unsuccessful in their efforts, and the employer has complied with the 8 week lead time requirement, approval of foreign worker requests at least 4 weeks before job start date should be considered. In cases where the employer has not provided the SCC with the required 8 week lead time, concerted efforts should still be made to recruit workers prior to job start date. The timing of these activities should be discussed with the employer.
4. Named Workers - SCC's are asked to counsel those employers requesting named worker(s) to accept unnamed workers in the event that their named worker(s) are not available to travel on the designated day. A notation on the employers' order to this effect should also be made.
5. Labour Turnover During Work Term - For foreign worker requests due to turnover during the harvest period, the SCC is to advise the employer within 2 working days as to the availability of Canadian workers. If the SCC determines that qualified Canadians are available, a further 2 working days is allowed for workers to be in place and working. If the SCC is unable to recruit Canadians within the 2 day period, foreign worker approval should be promptly given. Please be aware of the fact that these requests occur during critical harvest periods and it is imperative that they be actioned accordingly. NOTE: These procedures only apply when an employer has a full crew in place to start and shortly thereafter, he experiences turnover. In all other cases the normal eight week time frame would apply.
6. Double Arrival - This situation would occur where, after initial arrival, the worker returns home for emergency reasons. Since the IMM 1442 is still valid, no Immigration Cost Recovery Fee is required.
Please ensure that the employer contacts his/her nearest Immigration Office to verify that the workers' employment authorization and Immigration visa (if applicable) documents provides for re-entry. The Caribbean and Mexican Government officials require SCC approval for this worker to return to the employer. Please advise employers in these instances that the return of the worker(s) involved will be entirely at the discretion of the supply country.
Consequently, would you please modify the original job order and notate that this request is for the return of a previously authorized worker. This will avoid such approvals being counted as additional authorizations. NOTE: To avoid double counting, SCCs may manually amend the original order by adding another character and note DOUBLE ARRIVAL at top. (For example if original order was 1234567, the amended order could show 1234567-A). Please forward these orders in the normal manner to F.A.R.M.S. and retain a copy on your file. No new contracts are required.
7. Double Transfer - The procedures in #6 above for double arrivals will also apply for double transfers. A double transfer occurs where an initial transfer has occurred and later the worker is transferred back to the first employer. Please use same documentation as for double arrivals, noting DOUBLE TRANSFER at top of amended order. Please ensure that the return of the worker to the original employer does not exceed the agreed upon employment periods.
8. 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 foreign worker authorization. The records would be amended to reflect the name of the current employer of record. This rule only applies to members who have been working together in the same farming enterprise.
9. Buying - When buying a farming operation, any foreign worker authorization remains with the previous owner and cannot be assumed by the person making the purchase. The Employment Agreement prohibits the transfer or re-assignment of a foreign worker to another employer without the prior approval in writing of SC Note: The only exception to this occurs when ownership changes during the growing season. In such cases, the new owner may be allowed to retain the foreign workers employed on the farm for the balance of the season only. The following year, the responsible SCC would assess any requests in accordance with the availability of qualified Canadians.
10. Renting - An employer renting an operation (land only), with an existing authorization for foreign workers may be allowed to utilize the foreign workers assigned to the owner for the term of the rental contract. The owner, however, must be willing to relinquish his/her own entitlement for that period. It must be clearly understood by all parties that:
a) SCC employment validation must be obtained by the employer of record prior to the commencement of employment; and that,
b) This authorization would be for the duration of the rental agreement and would in no way become a permanent entitlement.
Also, the workers would be allowed to work only in that specific location. The SCCs are required to confirm all instances with the employer in writing. Should the employer eventually purchase the operation he/she had been renting, any request for new or additional foreign workers would be assessed according to the availability of suitable Canadians.
11. Multiple Job Sites - a) For foreign worker requests within existing authorization levels, the SCC having previous involvement with that employer should continue to do business with that employer. The responsible SCC however, must ensure that all job sites are listed on the order and other SCCs involved are apprised of the situation. b) For foreign worker requests in excess of existing authorization levels, employers may continue to do business with the SCC normally dealt with, but SCCs in all job site areas must concur before approval is given. c) For foreign worker requests from employers with no existing authorization level, orders should be placed with the SCC in area of job site. In the case of multiple job sites, all SCCs must concur.
12. Transfers - Employers are to be reminded that a worker shall not be transferred to another employer without the consent of the worker, and the prior approval, of SC and the Government Agent. In reference to transfer requests for Mexican workers, SCCs are to ensure that the receiving employer provides the name(s) of the worker(s) involved, corresponding start date (s) the name of the sending employer for inclusion on the order. The SCCs are also requested to provide employers with a copy of the prepared handout.
Note: The Mexican Consulate and F.A.R.M.S. will not process transfer requests for Mexican workers without this information.
13. Consistent with the bilateral MOU signed between Canada and the respective Caribbean supply countries and Mexico, SC recognizes and has accepted the F.A.R.M.S. request for CAN-AG Travel Services Ltd. to serve as the sole employer agent for the Program. Their telephone number is 1-800-387-5784; fax number (905) 568-4307.
14. Employers are to be advised that their accommodations must receive annual approval of the local Medical Officer of Health (MOH) prior to the workers occupying the accommodations and, if possible, prior to placing a request for foreign workers. If the employer has not contacted the MOH at the time of requesting workers, SCCs are requested to contact the MOH using the attached sample letter and note "Employer agrees to have accommodation approved by MOH" on order. A copy/notation of the MOH approval should be retained on SCC file and the MOH approval notice should be forwarded to the appropriate Liaison Officer by the SCC. If time does not permit an inspection to take place prior to the worker's arrival, SCCs should request the employer to provide a copy of the previous years approval notice.
15. SCCs are requested to retain detailed documentation on the employer file where there is evidence of voluntary reduction. In addition, please record the Canadian recruitment activities in those instances where employers received additional foreign workers or new employers were authorized to receive foreign workers.
16. SCCs are requested to record the necessary program information onto an employer order. In those instances where SCCs take the employer order over the phone, it will not be necessary to obtain the employer's signature on the employer order.
17. Please attach to the order, the employer list provided to SCCs by F.A.R.M.S. identifying the named workers and CROSS OUT the names of those workers not requested by the employer. If no named workers are requested, submit the order only.
18. Replacement workers should be on a separate employer order and identified as such. "REPLACEMENT" should be clearly marked boldly at the top of the order as F.A.R.M.S. will prioritize the processing of these requests.
19. When there is more than one arrival date on order and list of names are attached, F.A.R.M.S. needs to be able to identify which workers are to arrive on which date.
20. The supply country must be identified on order, and if there are workers hired by the same employer from more than one country, separate orders must be signed.
21. Start and end dates should be specific, providing month and day not just month and year.
22. The employer Business Identification Number (B.I.N.) must be identified on order.
23. Please ensure that proper NOC is used on each order. Also, when defining agricultural occupations on orders, please use the following occupational titles:
Farm Worker Fruit
Farm Worker Vegetable
Farm Worker Tobacco
Farm Worker Greenhouse
Farm Worker Nursery
Farm Worker Apples
Farm Worker Ginseng
Canning/Processing
Farm Worker Flowers
Farm Worker Sod
Farm Worker Apiary
The occupational title should reflect the primary duties the worker(s) will perform. This level of detail is required to enable us to properly monitor program activity. In addition, please ensure that the full scope of the job(s) are described in detail under the Duties and Requirements section on the order.
24. Orders are required to be sent by fax (905-568-4175) to F.A.R.M.S..
25. Employers are asked to sign two (2) contracts per Caribbean worker order. The employer is to retain one signed copy. The other is mailed to appropriate Caribbean Liaison Office. Please ensure that the order number is notated on the top right corner of the agreements. The Caribbean Liaison Officers have agreed to have "arrival" contracts signed for the initial employer order only. Subsequent orders, from the same employer, for arrivals do not require contracts. Transfer contracts will be required as appropriate. The Mexican Government officials have advised SC that the Mexican Consulate does NOT require a copy of the signed employer agreement. Therefore please ensure that the employer signs and retains their copy of the agreement. In both instances, SCCs have the option of whether or not to retain a copy of the respective contracts on file. The 2006 Caribbean and Mexican Employment Agreements are expected to be available and distributed to SCC's in January. The Foreign Government Officials do not require 2005 Agreements to be signed but rather please ensure that the current Agreements are signed for all workers. In the event that additional agreements are required, SCC's are encouraged to print them from the National Foreign Worker Program website.
SCC's also have the option of encouraging employers to download the appropriate agreements from the National Internet website.
26. Changes to the original order are to be transmitted by fax or e-mail to F.A.R.M.S. citing original order #, name of employer, supply country and reason(s) for the change. There is no need to re-send a copy of the order. Employers may request worker arrival/ departure date changes. Providing that these changes fall within the SCC approval employment periods as stated on the job order, employers should be encouraged to provide this information directly to FARMS. Date changes that fall outside the SCC approved period should be assessed by the respective SCC.
27. Employers cancelling approved worker requests should be advised to contact and provide the particulars directly to FARMS. FARMS will prepare a weekly report of these transactions and provide the respective SC a detailed weekly cancellation report by the following Monday. Upon receipt of this report, SCC's are requested to initiate visa fee refund procedures.
28. 2006 Immigration VISA fee - $150/worker. The Visa fee will apply to worker arrivals and replacements. Please notate the amount received, date and original receipt # on the order. The visa fee does not apply to transfers. Please refer to the stated financial procedures regarding the issuance of VISA fee refunds.
29. 2006 F.A.R.M.S.' Administration Fee - $35 + GST/worker for arrivals and transfers. The F.A.R.M.S. fee does not apply to worker replacements. A supply of F.A.R.M.S.' contracts and pay envelopes will be sent to SCCs. As in previous years, SCCs are asked to provide the contract and pay envelope to the employer. The employer will be responsible for remitting the F.A.R.M.S. fee directly to the F.A.R.M.S. office. SCCs are requested to advise employers that F.A.R.M.S. will accept payment by credit card over the telephone. Inquiries should be directed to F.A.R.M.S., at (905) 568-4500.
30. Provide employers with the 2006 wage rate schedule.
31. To confirm the authorization level for an employer, please refer to the "F.A.R.M.S. SUMMARY OF EMPLOYER VACANCIES". F.A.R.M.S. sends these summary sheets each employer with a copy to the responsible SCC at the end of each program year.