Hire a temporary worker through the Seasonal Agricultural Worker Program – Apply for a Labour Market Impact Assessment
A copy of the Seasonal Agricultural Worker Program (SAWP) employment contract no longer needs to be included with the Labour Market Impact Assessment (LMIA) application. Employers are still required to have a copy of the contract on file, signed by both the employer and workers (after they arrive), in the event of an inspection.
5. Apply for a Labour Market Impact Assessment
Employers who want to hire a temporary foreign worker (TFW) under the Seasonal Agricultural Worker Program (SAWP) must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Skills Development Canada (ESDC)/Service Canada.
In essence, employers are applying for an assessment on the impact that hiring a TFW would have on Canada's job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.
As part of the biometrics implementation special measures for 2019, your Labour Market Impact Assessment applications for primary agriculture positions can have multiple worker arrival dates. Applications will still need to be for the same position, wage and NOC code.
How to apply
Employers must use this step-by-step checklist to ensure that all the documents required are submitted, otherwise there will be delays in processing the application.
- agree to all of the Requirements of the SAWP; and
- agree to provide the Wages and working conditions required in the province/territory of employment and for the appropriate commodity; and
- undertake the required Recruitment and advertisement efforts.
Under this Stream employers must complete, sign (where applicable) and submit the following documents:
- LMIA application form (EMP5389)
- proof of business legitimacy
- proof of advertisement, applicable in most cases
- copy of signed off-site housing contract, if applicable
- housing inspection report
- transfer contract for TFWs under the SAWP, if applicable
- workers from Mexico
- this provision is included in the Mexican employment contract
- workers from participating Caribbean countries
- this provision is included in the employment contract for workers from participating Caribbean countries
- workers from Mexico
Note: Employers cannot informally transfer TFWs from one employer to another or share them between employers. Transferring or sharing TFWs informally contravenes sections 124(1)(c) and 125 of the Immigration and Refugee Protection Act (IRPA) and is punishable by a fine of up to $50,000 and imprisonment.
Employers must send all required documentation to the Service Canada Centre responsible for processing applications in their area. A complete application means that employers have:
- used the latest version of the application form
- filled out all of the fields in all of the necessary forms
- included all of the required documentation
- signed the forms where required
If an application is submitted and it is not complete, Service Canada staff will inform the employer that the application will not be processed. Incomplete applications and supporting documents submitted with the application will not be retained or returned to the employer. As a result, employers are advised to submit copies, not original documents.
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