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Agricultural Stream of the Pilot Project for Occupations Requiring Lower Levels of Formal Training (NOC C and D)

Directives for Hiring Temporary Foreign Workers under the Agricultural Stream of the NOC C and D Pilot Project

Employers may be allowed to hire temporary foreign workers (TFWs) for a maximum period of 24 months through the Agricultural Stream of the Pilot Project for Occupations Requiring Lower Levels of Formal Training, NOC C and D, when there is a shortage of Canadians citizens and/or permanent residents.

In Canada, lower levels of formal training are defined as occupations that normally require at most, a high school diploma or a maximum of two years of job-specific training according to the National Occupational Classification (NOC) system. These occupations are coded at the NOC C or D skill level. See NOC job descriptions

The Agricultural Stream of the NOC C and D Pilot Project applies to TFW from any country entering Canada to work in NOC C and D occupations categorized under the Seasonal Agriculture Workers Program (SAWP) national commodities list. Note that this stream is limited to on-farm primary agriculture.

Unlike the SAWP, which is restricted to workers coming from Mexico and several of the countries of the Caribbean Commonwealth, the Agricultural Stream of the NOC C and D Pilot Project has no such source country restrictions.

If employers wish to hire agricultural workers in a SAWP-commodity based occupation they are free to choose between the SAWP and the Agricultural Stream of the NOC C and D Pilot Project. In order to hire foreign workers for SAWP-commodity occupations under the NOC C and D Pilot Project, employers are required to abide by the rules of this new Agricultural Stream.

However, to hire agricultural workers for an occupation or in a commodity that is not classified under the SAWP, employers may still do so through the regular stream of the NOC C and D Pilot Project.

Non-profit organizations can assist employers in hiring seasonal agricultural workers and applying for a labour market opinion (LMO).

Guidelines for Hiring Temporary Foreign Workers under the Agricultural Stream of the NOC C and D Pilot Project

Before employers (or non-profit organizations acting on their behalf) apply for an LMO to hire a TFW under the Agricultural Stream of the NOC C and D Pilot Project, Human Resources and Skills Development Canada (HRSDC )/Service Canada and Citizenship and Immigration Canada (CIC) will expect them to:

Meet at least the minimum recruitment efforts required for occupations under the Agricultural Stream of the NOC C and D Pilot Project.
Cover all recruitment costs related to the hiring of the TFW.
Sign an employment contract outlining wages, duties, and conditions related to the transportation, accommodation, medical and health insurance and occupational safety of the foreign worker.
Pay the transportation costs for the TFW to travel from his/her country of permanent residence to the location of work in Canada and for the return to the country of permanent residence.
Offer the same wage rate set by HRSDC/Service Canada for SAWP occupations under the SAWP commodities list. In a unionized environment, pay the wage rate established under the collective agreement.
Provide suitable accommodations that have been approved by the appropriate provincial/municipal body or private inspection service at a fee of $30 per week, unless applicable provincial standards specify a lower amount. This fee is eligible for an increase of 1% per year, effective on January 1st of each year. (See Housing)
NOTE: At any time during their employment, a worker may choose to leave their employer-provided housing in favour of private accommodations.
Provide medical coverage until the worker is eligible for provincial health insurance coverage.
Register all TFWs under the appropriate provincial worker’s compensation/workplace safety insurance plans and provide proof of enrolment in regions where participation is not mandatory under provincial legislation.

How to Apply for a Labour Market Opinion

It is important for employers to read the following information which describes the terms and conditions they must meet in order to hire a TFW under the Agricultural Stream of the NOC C and D Pilot Project. Applications that are submitted incorrectly will delay processing times.

If employers want to hire a TFW for occupations under the Agricultural Stream of the NOC C and D Pilot Project, they must:

Complete and submit an application for an LMO to the Service Canada Centre nearest to where the TFW will be employed.
Employers using a third party representative must complete the "Annex to the Appointment of Representative" form and send it with the LMO application.
Meet the LMO assessment criteria NOTE:
- A Quebec Acceptance Certificate is also required for jobs in Quebec.
- A Certificate of Registration is required before applying for an LMO if employers want to hire TFWs in Manitoba. They can register online with the province. For more information on Manitoba's new Worker Recruitment and Protection Act, consult the Questions and Answers.
Complete and sign an employment contract

Once a positive LMO is received, employers must:

Forward a copy of the HRSDC /Service Canada confirmation letter and signed employment contract to the TFW.
Ask the worker to sign the employment contract and apply to CIC for a work permit. The worker must include the confirmation letter and employment contract with the application. CIC decides whether the foreign worker will receive a work permit according to the criteria to work and reside temporarily in Canada.

Some countries may require that their citizens meet certain conditions if they want to work in Canada (e.g. approval to leave the country, employer to pay transportation costs and/or medical coverage). The employer should ask the foreign worker to verify if additional conditions apply in his/her country, contact the country's consulate in Canada or search its Web site to find out if additional requirements need to be met.

Employers must apply for a new LMO when they anticipate that their human resource needs will continue beyond the period covered by a work permit. The new LMO application should be sent at least four months prior to the expiry of the work permit to ensure HRSDC /Service Canada has sufficient time to process the application and CIC to process the work permit extension.

Recruitment and Advertisement

Recruitment Activities:

Employers are encouraged to conduct ongoing recruitment efforts, including contacting communities that face barriers to employment (e.g., Aboriginal Peoples, older workers, immigrants/newcomers, people with disabilities and youth).

Advertisement Activities:

To meet the minimum advertising requirements employers must:

Advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec, or the Northwest Territories) for a minimum of 14 calendar-days during the three months prior to applying for an LMO; and
Conduct recruitment activities consistent with the practice in the occupation. Advertisement must be for a minimum of 14 calendar-days, choosing one or more of the following options:
- advertise in weekly or periodic newspapers, journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters or free local newspapers;
- advertise in the community, e.g., posting ads for two to three weeks in local stores, community resource centres, churches, or local regional employment centres;
- advertise on Internet sites e.g., posting during 14 calendar-days on recognized Internet job sites (union, community resource centres or ethnic sites).

The advertisement must include the:

company operating name;
job duties (for each position, if advertising for more than one vacancy);
wage rate set by HRSDC /Service Canada for occupations under the SAWP commodities list and reference to benefit packages being offered. A TFW in a unionized environment must receive the same wage rate as a Canadian citizen or permanent resident as established under the collective bargaining agreement;
location of work (local area, city, or town); and
nature of the position (e.g. project based, or permanent position).

In addition to the advertisement efforts mentioned above, employers are also encouraged to conduct ongoing recruitment efforts, including communities that face barriers to employment (e.g., Aboriginal Peoples, older workers, immigrants/newcomers, people with disabilities and youth). Advertising could include posting the position on recognized Internet job sites, in local and regional newspapers, at community resource centres and local regional employment centres.

Advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

Additional Advertisement Requirements

HRSDC /Service Canada reserves the right to require alternative or additional advertisement efforts (e.g., increased duration [length of time] or broader advertisement [whether local, regional, or national]) if, it believes that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work in the occupation and region.

More information can be obtained at: Service Canada Centre.

Proof of Advertisement

Employers must demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadians citizens or permanent residents as part of the LMO process (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of the employers’ efforts should be kept for a minimum of six years, as stipulated in other federal and provincial legislations, such as the Income Tax Act.

Housing

When applying to hire a TFW under the Agricultural Stream of the NOC C and D Pilot Project, employers will be expected to show that they are providing affordable housing which has been approved by the appropriate provincial/municipal body or authorized private inspector.

Under the new Agricultural Stream of the NOC C and D Pilot Project, the fee for housing is $30 per week (prorated for partial weeks), unless applicable provincial labour standards specify a lower amount. This fee is eligible for an increase of 1% per year, effective on January 1st of each year.

Transportation Costs

When hiring a TFW under the Agricultural Stream of the NOC C and D Pilot Project, employers must always pay the round trip transportation costs for the TFW to travel to the location of work in Canada and return to his/her country of permanent residence. These costs cannot be passed on to the TFW (e.g., the worker pays for transportation costs and is reimbursed at a later date). Under no circumstances are transportation costs recoverable from the foreign worker.

For more information on transportation costs...

Employment Contract

The employer must prepare and sign an employment contract. A signed copy must be attached to the LMO application. Upon receipt of a letter of confirmation from HRSDC /Service Canada, the employer must send a copy of the signed contract and the HRSDC /Service Canada confirmation letter to the TFW. The worker will need to submit these documents to CIC when applying for a work permit.

In the event differences arise between the employer and the TFW, the contract will guide the resolution of disputes. In cases of demonstrable breaches of the employment contract, where no reparations have been made, HRSDC/Service Canada reserves the right to discontinue service for the hiring of TFWs.

In addition to the employment contract, TFWs, like Canadians and permanent residents, are covered by provincial labour and workplace safety legislation.

Health and Workplace Safety

As indicated in the employment contract, the employer must ensure that the TFW is covered by private or provincial health insurance at all times. If private health insurance is required, employers must pay for the insurance and the costs cannot be recovered from the worker.

Under the employment contract, employers must also register the TFW under the appropriate provincial Workers' Safety and Compensation Board. In jurisdictions where participation in workers’ compensation schemes is not mandatory under provincial legislation, the employer must provide proof of enrolment of workers prior to the submission of an LMO request.

For more information on the new Agricultural Stream of the NOC C and D Pilot Project, consult the Questions and Answers.

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Date Modified:: 2012-04-16

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