2024 amendments to the Seasonal Agricultural Worker Program employment contract with the Caribbean

1. Section 1: Scope and period of employment, clause 5

A paragraph was added to indicate that the period of time for employment document retention is 6 years for the employer to remain in compliance.

2. Section 2: Lodging, meals and rest periods, part A, clause 2

This clause was modified to indicate that accommodations with laundry facilities must also be equipped with dryers.

This clause was modified to indicate that where accommodations require paid laundry facilities, the employer is responsible to provide the worker with a weekly amount of $16.00 towards laundry costs or to provide once-a-week laundry service.

3. Section 2: Lodging, meals and rest periods, part A, clause 3

This section was separated from clause 2 to make a third clause. It indicates that if the living accommodations are not within the grounds of the farm, the employer must provide transportation to and from the workplace.

4. Section 2: Lodging, meals and rest periods, part A, clause 7

This amendment increases the amount that can be deducted in applicable provinces by employers for utility costs by 5.83% to $2.68 per day based on consumer price index (CPI) methodology. The increase is based on the methodology used to update the utility deduction for the 2023 contracts for employment. As of 2020, the CPI increases are based on 12 months rather than 6.

5. Section 2: Lodging, meals and rest periods, part A, clause 8

For British Columbia only, a sentence was added to clarify that in addition to providing clean and adequate accommodations to the worker during the period of employment, the employer also needs to provide the same accommodations after the period of employment, until the worker’s departure to their country of origin.

6. Section 2: Lodging, meals and rest periods, part A, clause 9

For British Columbia only, the permitted amount for the accommodation deduction increased by 6.03% to $6.90 per working day and is not to exceed $919.28 during the worker's stay in Canada.

7. Section 2: Lodging, meals and rest periods, part B, clause 10b

For provinces and territories except British Columbia, where the worker and the employer agree that the latter provides meals to the worker, the permitted amount for meal deduction increased by 5.59% and is not to exceed $11.15 per day.

8. Section 2: Lodging, meals and rest periods, part B, clause 12b

For British Columbia only, where the worker and the employer agree that the latter provides meals to the worker, the permitted amount for meal deduction increased by 6.03% to:

• $6.68 per day for 1 meal
• $10.01 per day for 2 meals, and
• $13.35 per day for 3 meals

9. Section 3: Payment of wages, clause 1

A sentence has been added to indicate the employer’s obligation to adjust wages immediately to the new applicable provincial/territorial minimum wage rate should a change occurs.

10. Section 3: Payment of wages, clause 4

The recognition payment has increased by 5.59% in Canada to $4.46 per week, to a maximum of $142.55, and it remains irrevocable once the worker qualifies.

11. Section 5: Deductions from wages, clause 4

The deduction that is remitted to the government agent to cover costs associated at ensuring the worker’s safe arrival to Canada and with the physical and financial protection of the worker while in Canada, from their country of origin has increased by 5.59% from $5.75 per working day to $6.07.

12. Section 7: Maintenance of work records and statement of earnings, clause 1

A new clause was added for the worker to designate the government agent with the responsibility for filing and submitting the worker’s tax return.

13. Section 7: Maintenance of work records and statement of earnings, clause 4

This new clause was added to have the employer provide a T4 slip and a Relevé 1 from the province of Quebec to the government agent, in a timely fashion, for them to complete the process described in clause 1 above.

14. Section 8: Travel and reception arrangements, clause 5

The maximum airfare deductions were updated for the upcoming 2024 season. These deductions are updated each year based on the season's provincial airfare costs.

15. Section 9: Obligations of the employer, clause 10

This new clause was added with the provision to have the employer provide basic Internet service at the place of work and/or accommodation, when available.

16. Section 9: Obligations of the employer, clause 11

This new clause was added for the receiving employer with any remaining approved and unfilled named worker positions available to notify the government agent whether those positions will be fulfilled or should be withdrawn.

17. Section 12: Early cessation of employment, clause 2

A sentence was added at the beginning of this clause stipulating that, for provinces and territories except British Columbia, the employer, in consultation with the government agent, should attempt to transfer the worker at the worker’s request unless the provincial employment standards legislation requires an immediate removal of the worker.

18. Section 12: Early cessation of employment, clause 7

For British Columbia only, the employer, in consultation with the government agent, should attempt to transfer the worker at the worker’s request unless the provincial employment standards legislation requires an immediate removal of the worker.

19. Section 15: Transfer of workers, clause 2

A sentence was added to indicate that in addition to all parties agreeing to a transfer, the process must be documented and signed by all applicable parties.

20. Section 15: Transfer of workers, clause 3

At the time of transfer, in addition to providing an accurate record of earnings and deductions up to the date of transfer, it was added that the transferring employer will provide the receiving employer with an accurate record of working hours accumulated to date.

21. Section 16: Miscellaneous, clause 1

Language of that clause has been reviewed. As this contract is a private contract signed by the worker, the employer and the source country government agent, its effect cannot extend to non-participating third party, such as the federal/provincial government. The language was updated to review and enforce the establishment of employment contracts; as such, any privacy disclosure requirements being imposed on the Government of Canada have been removed.