The LMIA processing fee does not apply to occupations related to primary agriculture and positions
under the National Occupational Classification (NOC) codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611.
Transportation
Employers must always pay for the round-trip transportation costs (for example plane, train, boat,
car, bus) of the temporary foreign worker (TFW) to the location of work in Canada, and back to the TFW's country
of permanent residence. These costs must be paid up-front by the employer to ensure that they are not part of
any negotiations related to the employment contract. This process helps protect TFWs, who may be tempted to
accept alternative travel arrangements in return for a job offer.
Employers must keep records (for example invoices, receipts, copies of flight itineraries, tickets,
and boarding passes) of all transportation costs paid, for a minimum of 6 years. This information may be
required as proof if employers re-apply for a subsequent LMIA or if they are selected for inspection.
Note: Under no circumstances, can an employer recover the transportation costs from the TFW.
Day-to-day transportation
Employers must provide to the TFWs, where required, no-cost transportation to and from the
on-site/offsite housing location to the work location.
Housing
Employers must provide TFWs with adequate, suitable and affordable housing as defined by the Canadian
Mortgage and Housing Corporation. The housing can be either on-farm (for example bunkhouse) or off-site (for
example commercial establishment). Employers must ensure the occupancy of each accommodation location does not
exceed the maximum occupancy permitted. They must also ensure that sufficient housing will be made available for
all TFWs per approved accommodation from the date of arrival to the date of departure.
Employers supplying on-farm housing
Can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW's wage, unless applicable
provincial/territorial labour standards specify a lower amount.
Can deduct a maximum of $30 per week (pro-rated for partial weeks) from the TFW's wage, unless applicable
provincial/territorial labour standards specify a lower amount.
Must ensure that the rent does not cost more than 30% of the TFW's gross monthly earnings.
If the employer is the leaseholder or the owner of the dwelling, where multiple TFWs are living, the
employer must determine the rent according to the market rate. The rent must be divided equally between
TFWs.
Note: The TFW is not required to stay in the housing provided by the employer and may choose to leave
in favour of private accommodation. However, the TFW may need to provide advance notice to the employer or the
commercial establishment regarding the departure date.
Housing inspection
Employers must provide proof of inspection of the off-site or on-farm accommodation. The appropriate
provincial, territorial or municipal authority must conduct the inspection. An authorized private inspector with
appropriate certifications may also conduct the inspections. The private inspector or the competent authority
may not detain an official format for the housing inspection report. In such case, employers must ensure that
they use Schedule F to report the results.
Effective January 1, 2018, new requirements are mandatory in order to obtain a decision. These
requirements ensure that:
the housing provided to temporary foreign agricultural workers has been inspected
all conditions on the housing inspection report have been addressed
These additional requirements will include that the housing inspection report must:
have all relevant sections completed
indicate the maximum number of workers permitted per approved accommodation
indicate that the housing has been inspected in the last 8 months prior to the date the LMIA application is
received
Note: An employer may re-apply for TFWs replacement. The same inspection report can then be used, even
if it is more than 8 months old.
Employers in Saskatchewan must:
request a letter from Service Canada for the inspection to be performed by the regional offices of Sask
Health
The Employer will forward the letter to Sask Health and must apply with sufficient time to accommodate
the timeframes for obtaining an inspection. (Sask Health can usually complete inspections within 30 days).
Employers in British Columbia must:
use the British Columbia Agriculture Council (BCAC) housing inspection form, and
have the housing inspection conducted by a BCAC sanctioned inspector, authorized to conduct housing
inspections
Failure to meet the requirements for the housing inspection report without justification will result
in an incomplete status for the LMIA application.
The Department will accept a housing inspection report with a “pass with conditions” status for
processing the LMIA application. However, there will be no decision rendered until the employer addresses all
conditions in the housing inspection report and provides evidence of it.
Employers are responsible for any costs that may be associated to having the housing inspected. Under
no circumstances can employers recover these costs from the TFW.
Health and Workplace Safety
Health insurance
Employers must ensure that all TFWs register for provincial/territorial health insurance. The
employees must register as soon as they become eligible. The waiting period to be eligible for the
provincial/territorial health insurance is available on the Ministry of Health web sites for each
province/territory.
Note:
Employers hiring TFWs from Mexico must submit payments to Great West Life Assurance Company. Employers can
recover these costs through payroll deductions. The liaison officer for the foreign government will provide
instructions and assistance to employers regarding these deductions.
Workplace safety insurance
Employers must always ensure that the employees are covered from the provincial/territorial insurance
provider, where required by law. Provincial or territorial legislation may allow some employers the flexibility
to choose the private insurance of their choice. However, the employer must ensure:
that any private plan chosen provides the same level of compensation to that offered by a province/territory
(same or better coverage)
that all employees on the worksite are covered by the same provider
Employers enquiring about private insurance plan equivalency should contact the provincial/territorial
workplace safety authority.
Coverage provided at no cost by the employer must be in effect on the first day the TFW works in
Canada. The employer must not recover costs from the TFW.
Pesticides and chemical use
Employers using pesticides or other hazardous chemical must follow provincial/territorial rules. They
must notify workers of pesticide and chemical use and provide to workers:
free protective equipment
appropriate formal and informal training
supervision where required by law
Employment Contract
The employer must prepare and sign an employment contract. In the event that differences arise between
the employer and the TFW, the contract will guide the resolution of disputes. In cases where the dispute cannot
be resolved between the two parties, the employer or the TFW may contact the Ministry of Labour in the
province/territory where the work is being performed.
Business Legitimacy
All employers applying to the Temporary Foreign Worker Program (TFWP) supply documents along with
their Labour Market Impact Assessment application to demonstrate that their business and job offer are
legitimate.
NEED HELP?
Get in Touch for more information or for applying for a LMIA or/and help your workers apply for a work
permit.
Processing Fee
The LMIA processing fee does not apply to occupations related to primary agriculture and positions under the National Occupational Classification (NOC) codes 0821, 0822, 8252, 8255, 8431, 8432 and 8611.
Transportation
Employers must always pay for the round-trip transportation costs (for example plane, train, boat, car, bus) of the temporary foreign worker (TFW) to the location of work in Canada, and back to the TFW's country of permanent residence. These costs must be paid up-front by the employer to ensure that they are not part of any negotiations related to the employment contract. This process helps protect TFWs, who may be tempted to accept alternative travel arrangements in return for a job offer.
Employers must keep records (for example invoices, receipts, copies of flight itineraries, tickets, and boarding passes) of all transportation costs paid, for a minimum of 6 years. This information may be required as proof if employers re-apply for a subsequent LMIA or if they are selected for inspection.
Note: Under no circumstances, can an employer recover the transportation costs from the TFW.
Day-to-day transportation
Employers must provide to the TFWs, where required, no-cost transportation to and from the on-site/offsite housing location to the work location.
Housing
Employers must provide TFWs with adequate, suitable and affordable housing as defined by the Canadian Mortgage and Housing Corporation. The housing can be either on-farm (for example bunkhouse) or off-site (for example commercial establishment). Employers must ensure the occupancy of each accommodation location does not exceed the maximum occupancy permitted. They must also ensure that sufficient housing will be made available for all TFWs per approved accommodation from the date of arrival to the date of departure.
Employers supplying on-farm housing
Employers supplying off-site housing - Lower-skilled workers
Employers supplying off-site housing - Higher-skilled workers
If the employer is the leaseholder or the owner of the dwelling, where multiple TFWs are living, the employer must determine the rent according to the market rate. The rent must be divided equally between TFWs.
Note: The TFW is not required to stay in the housing provided by the employer and may choose to leave in favour of private accommodation. However, the TFW may need to provide advance notice to the employer or the commercial establishment regarding the departure date.
Housing inspection
Employers must provide proof of inspection of the off-site or on-farm accommodation. The appropriate provincial, territorial or municipal authority must conduct the inspection. An authorized private inspector with appropriate certifications may also conduct the inspections. The private inspector or the competent authority may not detain an official format for the housing inspection report. In such case, employers must ensure that they use Schedule F to report the results.
Effective January 1, 2018, new requirements are mandatory in order to obtain a decision. These requirements ensure that:
These additional requirements will include that the housing inspection report must:
Note: An employer may re-apply for TFWs replacement. The same inspection report can then be used, even if it is more than 8 months old.
Employers in Saskatchewan must:
The Employer will forward the letter to Sask Health and must apply with sufficient time to accommodate the timeframes for obtaining an inspection. (Sask Health can usually complete inspections within 30 days).
Employers in British Columbia must:
Failure to meet the requirements for the housing inspection report without justification will result in an incomplete status for the LMIA application.
The Department will accept a housing inspection report with a “pass with conditions” status for processing the LMIA application. However, there will be no decision rendered until the employer addresses all conditions in the housing inspection report and provides evidence of it.
Employers are responsible for any costs that may be associated to having the housing inspected. Under no circumstances can employers recover these costs from the TFW.
Health and Workplace Safety
Health insurance
Employers must ensure that all TFWs register for provincial/territorial health insurance. The employees must register as soon as they become eligible. The waiting period to be eligible for the provincial/territorial health insurance is available on the Ministry of Health web sites for each province/territory.
Note:
Employers hiring TFWs from Mexico must submit payments to Great West Life Assurance Company. Employers can recover these costs through payroll deductions. The liaison officer for the foreign government will provide instructions and assistance to employers regarding these deductions.
Workplace safety insurance
Employers must always ensure that the employees are covered from the provincial/territorial insurance provider, where required by law. Provincial or territorial legislation may allow some employers the flexibility to choose the private insurance of their choice. However, the employer must ensure:
Employers enquiring about private insurance plan equivalency should contact the provincial/territorial workplace safety authority.
Coverage provided at no cost by the employer must be in effect on the first day the TFW works in Canada. The employer must not recover costs from the TFW.
Pesticides and chemical use
Employers using pesticides or other hazardous chemical must follow provincial/territorial rules. They must notify workers of pesticide and chemical use and provide to workers:
Employment Contract
The employer must prepare and sign an employment contract. In the event that differences arise between the employer and the TFW, the contract will guide the resolution of disputes. In cases where the dispute cannot be resolved between the two parties, the employer or the TFW may contact the Ministry of Labour in the province/territory where the work is being performed.
Business Legitimacy
All employers applying to the Temporary Foreign Worker Program (TFWP) supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.
NEED HELP?
Get in Touch for more information or for applying for a LMIA or/and help your workers apply for a work permit.