What is a Transfer?
A worker who has completed the work period for the original (first) employer, but, who has not been in Canada for a maximum of eight months and wishes to transfer to a second place of employment as approved. The worker will return home from the second employer who will be responsible for the southbound airfare.

What is a Double Transfer?
A worker who transfers from the original employer to a second employer and transfers back to the original employer to complete the work period and return home from the original employer who will be responsible for the southbound airfare. (No administration fee applies to a double transfer) Employers are asked to honor their commitment to each and as a suggestion the original employer can request a copy of the approved transfer order from the receiving employer prior to releasing the workers. The order will detail the terms of employment to which both employers have agreed.

What Documentation is Required?
Seasonal workers are not allowed to be transferred without obtaining approval from the Liaison and/or Consulate, the Simcoe Service Canada centre (SC) and the Worker. A ‘Transfer request’ MUST be placed with F.A.R.M.S. who will distribute it to the applicable country and SC for approval. The $35.00 plus 13% HST administration fee per worker is to F.A.R.M.S. at the time of placing the transfer request.

CONFIRMATION must be provided, by the receiving (second) employer, at the time the worker(s) begin employment with that employer. In the case of Caribbean workers the Liaison office can be notified by telephone the date the worker(s) transferred, in turn, F.A.R.M.S. will be notified. In the case of Mexico the employer may obtain a ‘Confirmation of Receipt of Mexican Workers via Transfer’ form on the F.A.R.M.S. website or by fax, on request, directly from F.A.R.M.S. The Confirmation of Receipt of Mexican Workers via Transfer is REQUIRED TO BE SENT TO F.A.R.M.S. 7 DAYS AFTER THE WORKER TRANSFERED.

Additional Transfer Information

Mexico - the receiving employer is allowed to continue to take the 10% deduction toward airfare costs provided the maximum 2012 recoverable cost of $589.00 is not exceeded between the two or more employers involved. The $150.00 is only recovered within the first 6 weeks of employment. The first employer provides the second employer a statement of earnings in order to determine any remaining deductions towards the maximum.

Caribbean - the receiving employer is allowed to take $4.29 per day deduction provided that the maximum 2012 recoverable cost of $515.00 is not exceeded between the two or more employers involved. The employer receiving the worker on transfer may also continue to deduct the \'Other Recoverable Cost\' of $2.16 per day per worker.  The first employer provides the second employer a statement of earnings to determine any remaining deductions towards the maximum.

As a courtesy, F.A.R.M.S. documents workers available for transfer. Employers can notify F.A.R.M.S. by telephone of workers wishing to transfer. Employers looking for available transfers can call F.A.R.M.S. to be given possible transfer sources. If all the requirements for a transfer are met, then and only then can the worker be transferred to the receiving (second) employer.

There is a seven (7) day trial period for a transferred worker.

Southbound airfare for transferred worker(s) will be required, as per the employer/employee agreement, to be paid to CanAg Travel in advance of the workers being transferred.

EMPLOYERS are to be reminded that any movement of workers from one employer to another without the approval and proper documentation will placd the employer in breach of the terms and conditions of the Agreement and EMPLOYERS would in effect be placing themselves in a position of termination regarding access to the Commonwealth Caribbean and Mexican Seasonal Agricultural Workers Program.

Hiring Foreign Agricultural Workers in Canada
www.hrsdc.gc.ca/en/epb/lmd/fw/seasagri.shtml
Foreign Worker Program - Application Forms
www.hrsdc.gc.ca/en/epb/lmd/fw/forms.shtml

HUMAN RESOURCES AND SOCIAL DEVELOPMENT CANADA /SERVICE CANADA (HRSDC/SC) STATEMENT OF POLICY and TERMS and CONDITIONS for the CARIBBEAN / MEXICAN SEASONAL AGRICULTUAL WORKERS PROGRAM (SAWP)

The policy of the Canadian government is to ensure that all employment opportunities for seasonal agricultural work in Canada are first made available to qualified Canadian citizens and permanent residents before recourse is made to the Seasonal Agricultural Worker Program (SAWP).

GENERAL PRINCIPLES and OPERATIONAL GUIDELINES

The programs will be administered in accordance with the following general principles and operational guidelines:

NEW EMPLOYERS OR ADDITIONAL WORKERS

1.) For administrative purposes, Service Canada has used the post 1997 year-end FARMS employer list, as a benchmark for Labour Market Opinion (LMO) approvals. Employers requesting fewer than their previously authorized number of foreign workers can receive their full complement when the need arises, provided none of the working conditions or factors considered in the LMO process have changed.

TERMS AND CONDITIONS

2.) The terms and conditions, as well as program operations governing SAWP, have been negotiated by the Government of Canada, the governments of Mexico or the participating Caribbean countries, and, representatives of the Canadian Horticultural Council. Employer’s request to participate in SAWP are subject to their acceptance of conditions set out in the employer/employee contract and, in some instances, to their payment of a user-fee to F.A.R.M.S. who have been recognized by H.R.S.D.C. / Service Canada to perform an administrative role in program delivery.

EMPLOYMENT AGREEMENT

3.) The terms and conditions governing the employment of SAWP workers as specified in a contract signed by the employer, worker and the Government Agent. The contract provides for employment of not less than 240 hours in a period of six weeks or less but NOT MORE THAN EIGHT MONTHS within the peak demand time period for the approved commodity sectors. In the case of workers who are transferred to another farm following completion of their contract, no minimum hours of work apply.

PERIODS OF EMPLOYMENT

4.) All participating commodities are required to maintain the following term of employment:

January To 15 December

WAGES

5.) Employers are required to pay the greatest of :

• the minimum agricultural or provincial wage rate;
• the prevailing SAWP rate as determined by H.R.S.D.C. / Service Canada;
• or, the rate being paid by the employer to Canadian workers doing the same work.

SELECT COUNTRY

6.) Employers participating in the SAWP are responsible for selecting the source country from those who have signed an MOU.

REQUESTS FOR FEMALE WORKERS

7.) Although most workers entering Canada under SAWP have been men, all countries have requested to supply female agricultural workers, provided acceptable accommodation arrangements are available.

Processing Procedures

HUMAN RESOURCES ACTIVITIES RECORD

1.) The Human Resources Activities Record is a form designed to assist employers with their Human Resource planning process. This form can be obtained from the Simcoe Services Canada(SCC).

ADVANCE REQUESTS

2.)With reference to the Policy Statement, employers are to determine their total agricultural labour requirements for which Service Canada assistance is being sought at least 8 weeks prior to the job start date. Employers are also required to maintain an active recruitment program and advise the Simcoe SCC of the outcomes. Each employer’s request will be assessed in relation to the adequacy of the job offer, the availability of suitable qualified Canadian workers. Should recruitment for Canadian workers be unsuccessful and the employers has complied with the 8 week lead time approval of the SAWP worker request at least 4 weeks prior to job start will be considered. In cases where the employer has not provided the Simcoe SSC 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 Simcoe SCC.

NAMED WORKERS

3.) Employers requesting named worker (s) will be counseled to accept unnamed workers in the event that their named worker (s) are not available to travel on the designated day. Employer’s who do not prefer an unnamed worker in place of a named worker and wish to wait for a particular named worker are asked to ensure a notation is made on their order to this effect.

LABOUR TURNOVER DURING WORK TERM

4.) For SAWP requests due to turnover during the harvest period, the Simcoe SCC is to advise the employer within 2 working days as to the availability of Canadian workers or permanent residents. If the Simcoe SCC determines that a qualified Canadian is available, a further 2 working days is allowed for workers to be in place and working. If an adequate supply of Canadian workers is not available and the Simcoe SCC is satisfied that the employer has demonstrated reasonable human resource practices, SAWP approval should be promptly given.
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 8-week time frame would apply.

PARTNERSHIPS

5 .) 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 Opinion (LMO). The records would be amended to reflect the name of the current employer of record.

BUYING

6 .) When buying a farming operation, any Labour Market Opinion (LMO) for SAWP worker(s) remains with the previous owner so a new LMO is required for future requests for temporary 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 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 LMO 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.

RENTING

7.) An employer renting an operation (land only), with an existing LMO for SAWP workers may be allowed to utilize the SAWP workers assigned to the owner, as long as they, themselves, are deemed to be participating employers under SAWP (i.e. have an approved LMO from Service Canada and are approved by at least one of the participating source countries to receive workers). However, as with a change of ownership of a farm, the established transfer procedures must be applied in all cases.

Also, the SAWP workers are allowed to work only in that specific location identified on the LMO 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.

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

8.) Employers are required to sign two (2) contracts per Caribbean worker application. The employer is to retain one signed copy the other is mailed to the appropriate Caribbean Liaison office. The Caribbean Liaison Officers have agreed to have “arrival” contracts signed for the employer’s initial application only. Subsequent applications, from the same employer, for arrival do not require contracts. Transfer contracts will be required as appropriate.

Mexico – The Mexican Government Officials have advised Service Canada the Mexican Consulate DOES NOT require a copy of the signed employer contract. Therefore the employer is required to sign and retain their copy of the contract.

AUTHORIZED TRAVEL AGENT

9.) 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.

Agricultural Program & services web site address
www.hrsdc.gc.ca/en/workplaceskills/foreign_workers/sawp.shtml

Web site for contracts:
www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/fwp_forms.shtml

Simcoe Service Canada
1-866-431-7297