Farm Labour lmia streams

Essential Aspects of Agricultural or Seasonal Agricultural LMIA Application

In this article, we describe the characteristics of the Agricultural and Seasonal Agricultural Labour Market Impact Assessment (LMIA) Streams in detail. For those exploring various options, it might be helpful to begin with an overview and comparison of the different LMIA streams.

Canadian agricultural facilities typically use Agricultural or Seasonal Agricultural LMIA Streams when they wish to hire general labour workers or managers in agriculture and horticulture for their establishments. Firms meeting these stream requirements can hire foreign farm workers more quickly than through other LMIA streams otherwise available to them.

Checklist for Businesses Hiring Farm Workers Through Agricultural LMIA Streams

The primary factors determining whether a business can use the Agricultural Streams to hire foreign workers are the form of business, the type of commodity produced and the nature of the work. The farming operation must produce specific types of products, and all activities should be directly connected to the main farming tasks carried out on the premises. If an operation meets all the following criteria, it may be eligible to use the Agricultural LMIA to hire foreign workers:

• Type of Operation. The operation must qualify as a farm, nursery, or greenhouse.
• Products. The farming operation should be engaged in producing any of the following products: apiary products, fruits, vegetables (including canning/processing of these products if grown on the farm), mushrooms, flowers, nursery-grown trees (including Christmas trees), pedigreed canola seed, seed corn, grains, oil seeds, maple syrup, sod, tobacco, bovine, dairy, duck, horse, mink, poultry, sheep, or swine. All of these fall under the National Commodity List.
• Work Scope. The tasks for which the operation plans to hire foreign farm workers must be directly related to the primary farming activities on the facility and must be performed within the boundaries of the farming operation. Agencies providing farm workers to other establishments do not qualify to use the Agricultural LMIA Stream, as they typically provide general labourers to work on other farms.
• Occupations. Occupations eligible under these streams for which the operation intends to hire foreign workers include the following NOCs: 80020 – Managers in agriculture, 80021 – Managers in horticulture, 82030 – Agricultural service contractors and farm supervisors, 82031 – Contractors and supervisors, landscaping, grounds maintenance and horticulture services, 84120 – Specialized livestock workers and farm machinery operators, 85100 – Livestock labourers, 85101 – Harvesting labourers, and 85103 – Nursery and greenhouse labourers.
• Job Duties. Temporary foreign workers must be hired to perform at least one of the following duties: operating farm machinery, caring for animals (excluding fish) to prepare animal products for sale, or carrying out tasks related to the collection, handling, and assessment of those products; or planting, caring for, harvesting, or preparing crops, trees, sod, or other plants for sale.
• Wage Rates. Minimum wage rates offered to temporary foreign farm workers must align with those indicated in the wage tables for each agricultural commodity and comply with federal/provincial/territorial minimum wage rates, depending on which is higher.
• Employment Duration.
  • Agricultural Stream: up to 2 years.
  • Seasonal Agricultural Stream: 8 months or less, a minimum of 240 hours of work within a period of 6 weeks or less; and the requested employment is between January 1 and December 15.
• Citizenship of TFWs.
  • Agricultural Stream: any country.  
  • Seasonal Agricultural Stream: hiring citizens of particular countries - Mexico, Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago.

Employer Obligations Specific to Hiring under the Agricultural LMIA Streams

Businesses wishing to hire foreign farm workers to work in their farming operations need to arrange the following:

• Transportation. Pay for round-trip transportation for the foreign worker. Provide no-cost daily transportation between housing and work location.
• Housing. Provide suitable housing for temporary foreign workers. Housing could be on-farm or off-site. Employers can deduct up to CAD 30 per week from worker's wage for certain housing situations. For certain job categories, rent should not exceed 30% of the worker's gross monthly earnings. If multiple workers live in an employer-owned dwelling, divide the rent equally among them. Employers must provide proof of housing inspection by an authorized body.
• Health and Workplace Safety. Pay for private health insurance for the period worker isn’t covered by provincial health insurance. Coverage should begin on the worker's first day in Canada. Ensure workers are covered by workplace safety insurance from the first day of work. If using pesticides or other hazardous chemicals, follow provincial rules, notify workers, and provide free protective equipment, training, and supervision where required.

Maximum Duration of Employment Under Agricultural Stream and Seasonal Agricultural Worker Program

Generally, the maximum duration of requested employment under the Agricultural LMIA Stream is up to 2 years. However, if a business offers a wage that is equal to or above the provincial median wage, they can hire farm workers for a 3-year contract.

Under the Seasonal Agricultural LMIA Stream, the maximum duration is 8 months, between January 1 and December 15.

Processing Time for Agricultural LMIA Applications

The processing time for Agricultural LMIA applications, as handled by Employment and Social Development Canada (ESDC)/Service Canada, is approximately 2 weeks. This expedited processing is due to the high demand for general labour workers or managers in agriculture and horticulture, as these are considered essential occupations in Canada.

Exemptions and Benefits of Agricultural LMIA

Currently, there are several exemptions for employers applying to hire foreign workers under the Agricultural LMIA Stream:

• Employers are exempt from paying LMIA processing fees, which are typically required for other LMIA streams.
• Until June 30, 2025, employers are not required to conduct recruitment for primary agriculture positions.

Securing Permanent Residency for Foreign Farm Workers in Canada

The Canadian government has facilitated the transition of foreign farm workers to permanent residency. Businesses employing temporary agricultural foreign workers via the respective LMIA streams can extend a permanent job offer. This offer can aid these workers in securing their permanent residency through the Agri-Food Pilot program.

Start LMIA 

Depending on business conditions, stages, and needs, there are specific steps to follow in the LMIA process.

If you are looking for a corporate immigration law firm or lawyer in Canada, we are here based in Toronto to help. Call us at +1-647-493-5205 or email info@leromlaw.com for additional information you need to start the process.