Program Details


2014 Agriculture Wage Rates

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COMMODITY

WAGE

TERM

APIARY

* Apiary Technician (Higher Skilled) $14.80 / HR

* Apiary Worker (Lower Skilled) $11.56 / HR

Apiary Labourer (Lower Skilled) $10.33 / HR

$11.00 / HR effective 01Jun2014

January - December 15

BOVINE

* Higher Skilled $14.36 / HR

* Lower Skilled $12.37 / HR

January – December 15

CANNING / FOOD PROCESSING

(Fruit & Vegetables)

$10.33 / HR

$11.00 / HR effective 01Jun2014

January - December 15

 

CHRISTMAS TREES

$10.33 / HR

$11.00 / HR effective 01Jun2014

January – December 15

DAIRY

* Higher Skilled $14.69 / HR

* Lower Skilled $12.37 / HR

January - December 15

DUCK

* Higher Skilled $14.36 / HR

* Lower Skilled $11.27 / HR

January – December 15

FLOWERS

$10.33 / HR

$11.00 / HR effective 01Jun2014

January - December 15

FRUIT (Includes apples)

$10.33 / HR

$11.00 / HR effective 01Jun2014

January - December 15

GREENHOUSE VEGETABLES

$10.33 / HR

$11.00 / HR effective 01Jun2014

January - December 15

HORSE

* Higher Skilled $14.36 / HR

* Lower Skilled $12.54 / HR

January – December 15

MINK

* Higher Skilled $14.36 / HR

* Lower Skilled $10.71 / HR

January - December 15

NURSERIES / SOD

$10.33 / HR

$11.00 / HR effective 01Jun2014

January - December 15

POULTRY

* Higher Skilled $14.36 / HR

* Lower Skilled $10.54 / HR

January - December 15

 

SHEEP

* Higher Skilled $14.36 / HR

* Lower Skilled $11.86 / HR

January - December 15

SWINE

* Higher Skilled $14.36 HR

* Lower Skilled $10.71 / HR

January - December 15

TOBACCO BLACK / FLUE

$10.33 HR

$11.00 / HR effective 01Jun2014

January - December 15

 

VEGETABLES

(Includes ginseng and mechanically harvested tomatoes)

$10.33 HR

$11.00 / HR effective 01Jun2014

January - December 15

 

* Wage infromation will be provided, if any change, when available

Piece work rate is a way of calculating pay that is based on the change of work an employee completes.
Piece work rage must be set at a level so that the employee earns at minimum a hourly rate of no less than $10.33 which represents the SAWP wage for 2014 until 01Jun2014 and it becomes $11.00 / HR.

 

PREVAILING WAGE RATES

Employers are to be reminded the Agreement for Employment in Canada of
Seasonal Workers from Mexico and the Caribbean Section III, Payment of Wages
reads:
             To pay the WORKER at his place of employment weekly wages in lawful money of
             Canada at a rate equal to:

  • i) the wage for agricultural workers provided by law in the province in
    which the WORKER is employed;
    ii) the rate determined annually by Employment Services and Social Development Canada to be the prevailing wage rate for the type of agricultural work being carried out by the WORKER in the province in which the work will be done; or
    iii) the rate being paid by the EMPLOYER to his regular seasonal work force
    performing the same type of agricultural work; whichever is the greatest

Program Related Costs

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RECOVERABLE COSTS
To Be Deducted From Workers Pay

MEXICO

Transportation Recoverable Cost:
Starting the first full day of employment calculate 10% of the gross earnings per pay period and retain that amount as a recoverable cost to you towards transportation. Do not exceed the 2014 maximum of $554.00

Visa Fee:
In addition, as per the contract $155 (Feb 2014)  is to be recovered by payroll deduction over the first six weeks of employment.

Other Recoverable Cost:

A deduction for Other Recoverable costs towards utilities, is set at $2.16 per working day.  A working day for the purpose of this deduction is to be such that a WORKER completes a minimum of four (4) hours of work in a given day.

Mexico Extended Health Deduction - The extended health coverage for Mexican workers is paid by the worker.  Employers are requested to deduct ninety-four (.94) cents per day seven (7) days a week from the workers pay.  The insuring company is Great-West Life Assurance Company and Cowan Group is the broker.  Employers are required to apy the full invoiced amount and recover only that amount equal to the workers duration of employment.  IF any plus/minus dollar difference exists at the end of the employment period the Employer and Cowan Group will manage this between each.

 

CARIBBEAN -  INCLUDES BARBADOS, EASTERN CARIBBEAN, JAMAICA and TRINIDAD & TOBAGO

Transportation Recoverable Cost:
The recoverable cost towards airfare for 2014 will be $3.70 per working day to a maximum of $445.00

Other Recoverable Cost:
A deduction for Other Recoverable Costs towards utilities is set at $2.16 per worker per working day. A working day for the purpose of this deduction is to be such that a WORKER completes a minimum of four (4) hours of work in a given day.   Said deductions withheld under this provision is to be made for the current pay period only.  (refer to Section IV Deductions from Wages subsection 3 of the contract for further details).

Visa Fee:
As per Section VII Clause 4 of the employment contract $155.00 is to be refunded by the applicable Caribbean country of BARBADOS, EASTERN CARIBBEAN, JAMAICA, and TRINIDAD & TOBAGO - 30 days after the worker (s) arrival in Canada, provided the employer submits payroll sheets.  In the case of Trinidad and Tobago and Barbados, the cost of the Work Permit Fee will be reimbursed to the EMPLOYER by the WORKER through weekly payroll deductions thirty (30) days after the WORKER'S arrival in Canada.

Please be reminded workers are entitled by law to receive a pay stub to outline the hours worked and the deductions taken with every pay period

NON-RECOVERABLE COSTS

F.A.R.M.S. ADMIN. FEE
The F.A.R.M.S. administration fee of $40.00 (plus HST) for 2015 per worker arrival, or worker transfer is not a recoverable cost, therefore cannot be deducted from wages. Administration Fees must be received at the F.A.R.M.S. office before the order will be sent to the supply country.

RECOGNITION PAYMENT
The amount of $4.00 per week to a maximum of $128.00 will be paid every year to WORKERS with 5 or more consecutive years of employment with the same EMPLOYER, payable at the completion of the contract. In the case of Caribbean workers this payment is not subject to the 25% deduction. This payment is subject to the applicable government tax deductions.  In the case of Mexican workers the recognition payment applies only during periods of employmnet when provincial vacation is not applicable.

GROUND TRANSPORTATION
Is not a recoverable cost, therefore cannot be deducted from wages.

EMPLOYMENT STANDARDS
Employers are not authorized (as per Employment Standards) to make “ANY” payroll deductions other than those governed by the Province of Ontario or the Mexican / Caribbean contracts.

SECOND CONTRACT WORKERS
A worker arriving in the same season to a second contract the VISA fee is not a recoverable cost. The Employer is required to ask for reimbursement of the VISA fee from the local Service Canada office. Under the first contract the Employer would be entitled to deduct the VISA fee.


Transferring Workers

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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.  Transfers also occur in unique situations where after a short employment period with the first employer the worker agrees to be transferred to a second employer.

What is a Double Transfer?
A worker who transfers from the original employer to a second employer and transfers back to the original employer is a double transfer.  The work period is completed and the worker returns 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 validation by F.A.R.M.S. of the approval transfer application and the period of employment 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 $38.00 plus 13% HST administration fee per worker is payable 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 Mexico and Jamaica the employer may obtain a 'Confirmation of Receipt of Workers via Transfer' from 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 transferred and for Jamaican the Confirmation is sent directly to the Liaison.

In the cast of Barbados, Eastern Caribbean and Trinidad & Tobago 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.

Additional Transfer Information

Mexico - the receiving employer is allowed to continue to take the 10% deduction toward airfare costs provided the maximum 2014 recoverable cost of $554.00 is not exceeded between the two or more employers involved. The $155.00 is only recovered within the first 6 weeks of employment. The employer receiving the worker on transfer may continue to deduct an amount to reflect utility costs of $2.16 per day per worker.  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 $3.70 per day deduction provided that the maximum 2014 recoverable cost of $445.00 is not exceeded between the two or more employers involved. The employer receiving the worker on transfer may also continue to deduct the utility costs of $2.16 per working day per worker.  The first employer provides the second employer a statement of earnings to determine any remaining deductions towards the maximum.

Canada Revenue Agency notes:

It is the responsibility of the first employer to ensure that a copy of the original federal and provincial TD1 and the worker’s payroll records to date ARE PROVIDED TO THE EMPLOYER RECEIVING THE TRANSFER to ensure the proper continuance of federal deductions are taken.

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 placed the employer in breach of the terms and conditions of the Employment Agreement and employers would in effect be placing themselves in a position of non compliance in relation to continued access to the Commonwealth Caribbean and Mexican Seasonal Agricultural Workers Program.


Caribbean Early Cessation

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CONTRACT REFERENCE

REASON FOR EARLY CESSATION OF EMPLOYMENT

TRAVEL COST
TO WORKER

TRAVEL COST
TO EMPLOYER

  BREACH OF CONTRACT    
 

Non-compliance, refusal to work, or any other sufficient reason to terminate and...

 

 

X 1. (i)

the worker was named
 

 

Round Trip
(North & South)

X 1. (ii)

the worker was un-named and 50% or more of the work was completed
 

Full South

North Remains
X 1. (iii)

the worker was un-named and less than 50% of the work was complete
 

Round Trip
(North & South)

 
 

PERSONAL AND/OR
DOMESTIC CIRCUMSTANCES

 

   

X 2. (i)

the worker was named
 
 

Round Trip
(North & South)

X 2. (ii)

the worker was un-named and 50% or more of the work was completed
 

75% South

25% South
(North remains)

X 2. (iii)

the worker was un-named and less than 50% of the work was completed
 

Full South

North remains

 

     MEDICAL

   
X 3 (Named and Un-named Workers)
 
Full South

Round Trip (North & South)

  Condition was present prior to the worker leaving Caribbean.

Full South

North remains

Please note: This breakdown is provided for quick reference only. 

Refer to the original agreement for details


Mexico Early Cessation

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CONTRACT
REFERENCE

REASON FOR EARLY
CESSATION OF EMPLOYMENT

TRAVEL COST
TO WORKER

TRAVEL COST
TO EMPLOYER

 

BREACH OF CONTRACT

   
 

Non-compliance, refusal to work, or any other sufficient reason to terminate and...

 

 

X 1. (i)

the worker was named

 

Round Trip
(North & South)

X 1. (ii)

the worker was un-named and 50% or more of the work was completed

Full South

North remains

X 1. (iii)

the worker was un-named and less than 50% of the work was complete

Round Trip
(North &
South)

 
     

* In some
circumstances
Gov’t.Agent
may allocate cost
to employer

 

PERSONAL AND/OR
DOMESTIC CIRCUMSTANCES

 

 

X 2. (Named and Un-named Workers)
* If it is the opinion of the Government Agent

Full South

 

   MEDICAL

   
X 3. (Named and Un-named Workers)    
  Regardless of length of employment unless condition was present prior to the worker leaving Mexico.  

Full South

Please note:
This breakdown is provided for quick reference only.
Refer to the original agreement for details.

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


Statement Of Policy

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EMPLOYMENT and SOCIAL DEVELOPMENT CANADA /SERVICE CANADA (ESDC/SC) STATEMENT OF POLICY and TERMS and CONDITIONS for the CARIBBEAN / MEXICAN SEASONAL AGRICULTURAL 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:

i).  SAWP workers are to be authorized for employment for Regionally approved commodity sectors during peak activity periods where the supply of Canadian workers and permanent residents is determined to be inadequate

ii).  the programs continue to operate on a seasonal basis; and …”Seasonal basis” this term is understood to refer to both the worker and the work. Workers temporarily admitted to Canada under SAWP cannot be given work terms exceeding 8 months duration. Employers can access SAWP from 01January to 15 December. It is to be clearly understood, by ALL parties, that every worker is to be repatriated by 15 December.

iii).  the Caribbean and/or Mexican workers are to be provided with free accommodation that meet Provincial / Municipal housing standards, receive the prevailing rates of pay for the work involved, and are to be treated in a fair and equitable manner by the farm employers.

1.  NEW EMPLOYERS OR ADDITIONAL WORKERS

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.

 

2.  TERMS AND CONDITIONS

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 industry representatives. 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 ESDC. / Service Canada to perform an administrative role in program delivery.

3.  EMPLOYMENT AGREEMENT

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.   In the case of workers who are transferred to another farm following completion of their contract, the 240 minimum hours of work DOES NOT apply.

4.  PERIODS OF EMPLOYMENT

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

                                                      01 January To 15 December

5.  WAGES

Employers are required to pay the greatest of :

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


6.  SELECT COUNTRY

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

7.  REQUESTS FOR FEMALE WORKERS

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.


Administrative & Processing

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1.  ADVERTISING FOR LOCAL LABOUR

The Seasonal Agricultural Worker Program (SAWP) is a Canadian first program.  This simply means that if there is a suitable Canadian or permanent resident to fill your labour need that person is to be employed.  All employers are required to advertise a minimum of two sources to first fill the job offer with a suitable Canadian or permanent resident prior to placing a request to fill their labour need under SAWP.  Employers are required to maintain an active recruitment program.

2.  NAMED WORKERS

Employers requesting named worker (s) are advised 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 LMO Application to this effect.

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

4.  BUYING

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.

5.  RENTING

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.

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

Reminder:  Please submit the appropriate SAWP contract that is signed by the employer to accompany each SAWP LMO application.  Retain a copy for your own records.  The employer is advised to sign each of the worker contracts and then take a photocopy for their own record of the signed employment contract for each worker.  Each worker should arrive with one in their possession.

Commonwealth Caribbean - Employers are requested to send a signed employment contract to the appropriate Caribbean Liaison office and retain a copy for their own file  A signed Transfer Employment Contract is also required to be sent to the Caribbean Liaison office when placing a transfer order.

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.

7.  AUTHORIZED TRAVEL AGENT

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.esdc.gc.ca/eng/jobs/foreign_workers/agriculture/seasonal/index.shtml

Simcoe Service Canada Centre of Specialization
1-866-431-7297


New Regulatory Amendments

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Effective December 31, 2013


Amendments to Immigration and Refugee Protection Regulations (IRPR) issued by the Minister of Employment and Social Development Canada (ESDC) that came into effect will strengthen the integrity of the Temporary Foreign Worker Program (TFWP).

As a result, employers who want to apply for a labour market opinion (LMO) as of December 31, 2013, are to be aware of the new powers and duties conferred on the Minister of Employment and Social Development Canada, and the new conditions employers will be required to comply with, particularly: 
 

1. ESDC WILL NOT HAVE THE AUTHORITY TO PROVIDE AN LMO TO AN EMPLOYER

The decision to protect foreign workers from the risk of abuse and exploitation by not providing an Labour Market Opinion if the officer who reviews the application deems this to be the case. 
 

2. NEW CONDITIONS IMPOSED ON EMPLOYERS

The amendments to the Immigration and Refugee Protection Regulations (IRPR) will create new conditions employers will be required to comply with particularly, they will be required to:

• retain any document that relates to compliance with the conditions set out in IRPR (and confirmed in the Labour Market Opinion letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the foreign worker. For this same period, the employer must be able to demonstrate that any information they provided in the context of an Labour Market Opinion application was accurate.

• make reasonable efforts to provide a work place that is free of abuse; and

• hire or train, or make reasonable efforts to hire or train, Canadians or permanent residents, if that was one of the factors that led to the issuance of the work permit

Starting December 31, 2013, employers will be required to complete an updated Labour Market Opinion application form that includes modified questions and additional attestations. 
 

3. NEW AUTHORITY TO CONDUCT INSPECTIONS

ESDC/Service Canada will have the authority to conduct inspections to verify an employer’s compliance with the conditions in IRPR (and confirmed in the LMO letter and annexes) for a period of 6 years, beginning on the first day of the period of employment for which the work permit is issued to the foreign worker (unlike an employer compliance review (ECR) that occurs in the context of the assessment of an LMO application).

During an inspection, employers will be required to demonstrate that they are compliant with the conditions set out in IRPR (and confirmed in the positive LMO letter and annexes). In order to verify compliance with the conditions, ESDC/Service will have the authority to:

• require employers to provide documents that relate to compliance with those conditions;

• conduct on-site inspections without a warrant (private dwellings excluded and in the majority of cases, advance notice will be given to employers); and

• interview foreign workers or Canadian employees, by consent.

Employers who have failed to comply with the conditions set out in IRPR (and confirmed in the LMO letter and annexes) will have the opportunity to provide a justification and to take corrective action, where applicable, before a determination of non-compliance is made.

• be deemed ineligible to hire foreign workers for 2 years, and have their name, address and period of ineligibility published on a public ban list;

• be issued negative LMOs on any pending LMO applications; and/or

• may have previously-issued LMOs revoked.

Note: Changes to the ECRs, which are conducted as part of the LMO assessment at the time of an LMO application, have also been made, including increasing the period of time that ESDC may review an employer’s compliance (regarding wages, working conditions and occupation) from 2 to 6 years.


For more information visit the:

Immigration and Refugee Protection Regulations and the Regulatory Impact Assessment Statement for an explanation on the intent of the regulatory amendments.

Nursery