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).
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.
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.
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.
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.
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
Web site for contracts:
Simcoe Service Canada