Canada’s agriculture sector depends on access to a global workforce to meet consumer demand and maintain stable food supply chains. To address persistent labour shortages, many employers rely on temporary foreign workers (TFWs) to fill roles that cannot be met domestically. Agricultural TFWs are part of Canada’s critical infrastructure, supporting food security and contributing directly to the well-being of communities across the country.
Employers may hire agricultural TFWs through the Temporary Foreign Worker Program (TFWP). Applications in this sector are generally processed on a priority basis, and agricultural workers have historically been treated as essential for the purposes of travel and entry requirements. Within the TFWP, there are two primary pathways available to agricultural employers: the Seasonal Agricultural Worker Program (SAWP) and the Agricultural Stream. Each option has distinct requirements and operational considerations, making it important for employers to select the pathway that aligns with their operational needs.
Preliminary requirements
Both the SAWP and the Agricultural Stream share two foundational eligibility requirements. First, the employer’s production must fall within a sector listed on the national commodity list. Second, the position offered must involve on-farm primary agriculture.
The national commodity list includes, among others:
- Apiary products
- Fruits and vegetables, including on-farm canning or processing
- Mushrooms
- Flowers
- Nursery-grown trees, including Christmas trees, and greenhouse production
- Pedigreed canola seed, seed corn, grains, and oil seeds
- Maple syrup, sod, and tobacco
- Livestock sectors such as bovine, dairy, poultry, sheep, swine, duck, horse, and mink
Primary agriculture is defined in the Immigration and Refugee Protection Regulations (IRPR) and refers to work performed on a farm, nursery, or greenhouse. Duties may include operating agricultural machinery, handling raw animal products, or working directly with plants intended for market.
Roles that typically qualify as on-farm primary agriculture fall under the following National Occupational Classification (NOC) codes:
- Managers in agriculture (0821)
- Managers in horticulture (0822)
- Agricultural services contractors, farm supervisors, and specialized livestock workers (8252)
- Contractors and supervisors in landscaping, grounds maintenance, and horticulture services (8255)
- General farm workers (8431)
- Nursery and greenhouse workers (8432)
- Harvesting labourers (8611)
Before hiring a TFW, employers must obtain a positive Labour Market Impact Assessment (LMIA). The LMIA outlines the job offer and demonstrates that there are no available Canadian citizens or permanent residents to fill the position. A positive LMIA allows a foreign national to apply for a work permit under either the SAWP or the Agricultural Stream.
Employers are required to offer TFWs the same wages and benefits provided to Canadians performing the same work. Unionized positions must comply with the applicable collective bargaining agreement. Employers must also review wages periodically to ensure they meet or exceed prevailing wage rates or minimum wage standards.
Employers are responsible for certain costs, including round-trip transportation for workers and transportation between employer-provided housing and the worksite. Adequate, suitable, and affordable housing must be provided, and this housing is typically subject to inspection within eight months prior to submitting an LMIA application. Temporary flexibilities have been introduced where inspections cannot be conducted by the appropriate authority. Employers who house workers in commercial accommodations rated three stars or higher may be exempt from providing an inspection report.
Additional obligations may include registering workers with a provincial or territorial workplace safety insurance provider and ensuring appropriate training and protective equipment are provided where pesticides or hazardous chemicals are used.
Employers must also complete a mandatory recruitment period, during which they attempt to hire Canadian citizens and permanent residents. Advertising requirements have been subject to adjustment in response to COVID-19-related economic conditions, and Service Canada may require employers to re-advertise positions in certain circumstances.
The Seasonal Agricultural Worker Program (SAWP)
The SAWP is available only to foreign nationals who are citizens of Mexico or participating Caribbean countries, including Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago. Canada has bilateral agreements with these countries that govern how the program operates.
Participating governments play an active role in recruiting and selecting workers, ensuring documentation is in place, and appointing representatives to assist workers while they are in Canada. Workers must meet program requirements, including having relevant farming experience, being at least 18 years of age, and complying with both Canadian immigration law and the laws of their home country. Employers are not permitted to use private recruiters under the SAWP.
Under the standard SAWP employment contract, employers may recover a portion of round-trip transportation costs through payroll deductions, with the exception of British Columbia. Employers must also ensure workers are registered for provincial or territorial health insurance as soon as they become eligible. For Mexican workers, interim insurance coverage is administered through Great-West Life Assurance Company, with permitted payroll deductions.
SAWP contracts are standardized and cannot be modified. They set out the rights and obligations of the employer, the worker, and the participating government. Workers must receive a copy of the contract, in English, French, or Spanish, and sign it on their first day of work.
Informal or unauthorized transfers of workers between employers are prohibited and may result in significant penalties under the Immigration and Refugee Protection Act, including fines and potential imprisonment.
The Agricultural Stream
The Agricultural Stream allows employers to hire TFWs for periods of up to 24 months. Unlike the SAWP, employers draft their own employment contracts, and foreign governments are not parties to these agreements. This stream may be suitable for employers seeking greater flexibility in recruitment and contract terms.
Where employers provide on-farm or off-site housing, limited wage deductions may be permitted, subject to federal and provincial labour standards. Employers must also pay for private health insurance coverage from the worker’s arrival in Canada until they are eligible for provincial or territorial health care.
Recruitment or placement fees paid to third parties cannot be recovered from workers. Once mandatory recruitment and advertising obligations are met, employers may proceed with submitting an LMIA application.
Recent public policies introduced by Immigration, Refugees and Citizenship Canada (IRCC) allow certain TFWs already in Canada to change employers while their new work permit applications are pending. Priority processing may be available where employers notify Service Canada that the worker is in Canada and that they wish to rely on applicable temporary public policies.
COVID-19 compliance and enforcement
Amendments to the IRPR introduced heightened penalties for employers who prevent workers from complying with obligations under the Quarantine Act or the Emergencies Act. Non-compliance identified through inspections may result in administrative monetary penalties ranging from $1,000 to $100,000 per violation, up to an annual maximum of $1 million.
Depending on the nature of the violation, employers may also face temporary or permanent bans from participating in the TFWP, and in serious cases, previously issued LMIAs may be revoked.
Federal emergency orders issued during the COVID-19 pandemic imposed mandatory quarantine requirements for individuals entering Canada. To offset some of the associated costs, the federal government introduced the Mandatory Isolation Support Program for Temporary Foreign Workers, which provided financial support to employers for each worker required to quarantine. This program remains tied to the continued application of quarantine measures under federal law.
