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The LMIA processing fee does not apply to occupations related to primary agriculture and positions under the National Occupational Classification NOC codes , , , , , and 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 TFW s, 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, 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. 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. If the employer is the leaseholder or the owner of the dwelling, where multiple TFW s are living, the employer must determine the rent according to the market rate.
The rent must be divided equally between TFW s. 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. If the authorized inspector or jurisdiction does not have a standard form for reporting official housing inspections, employers must ensure that Schedule F — Housing inspection report seasonal agricultural worker program and agricultural stream is used to report the .
Effective January 1, , new requirements will need to be followed to confirm that the housing provided to temporary foreign agricultural workers has been inspected, and that all conditions on the housing inspection report have been addressed prior to obtaining a decision.
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. Failure to meet the requirements for the housing inspection report without justification will result in the LMIA application being considered incomplete.
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. Effective immediately, this flexibility only applies if the employer can prove that the appropriate authority is unable to conduct an inspection.
Important: Please note employers who are using commercial accommodations 3 stars or above are not required to submit an HIR. Employers must always pay for the TFW 's private health insurance. Note: Under no circumstances, can an employer recover the health insurance costs from the TFW.
They must notify workers of pesticide and chemical use and provide workers with:. The employer must prepare and an employment contract. In the event that differences arise between the employer and the TFW , the contract will guide the resolution of disputes.
Employers do not need to use the services of a third-party representative to apply for a foreign worker. However, employers who choose to use the services of one of these individuals or organizations must pay for all of the fees associated with the service and meet all of the applicable requirements. Employers who wish to use the services of a third-party, paid or unpaid, must complete the appropriate section of the LMIA application form.
Individuals representing or assisting employers in exchange for compensation for example money, goods or services must be authorized under section 91 of the Immigration and Refugee Protection Act IRPA , which means they have to be a member in good standing with:.
Employers should visit Immigration, Refugees and Citizenship Canada IRCC to verify that a specific representative is authorized to represent them or provide immigration advice. Individuals representing employers for free for example do not collect fees or other forms of compensation are not subject to any restrictions under the IRPA. These individuals are usually family members, non-for-profit or religious organizations that assist employers who may not be able to complete the application process on their own. However, a copy of a ed letter stating that the employer is no longer using the services of the original representative will be required before the employer can:.
You will not receive a reply. For enquiries, . Overview 2. Program requirements 3. Wages, working conditions and occupations 4. Recruitment and advertisement 5. Apply for a Labour Market Impact Assessment 6. Next steps. Program requirements Processing fee The LMIA processing fee does not apply to occupations related to primary agriculture and positions under the National Occupational Classification NOC codes , , , , , and 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.
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