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Seasonal Agricultural Worker Program
The Seasonal Agricultural Worker Program matches workers from Mexico and the Caribbean countries with Canadian farmers who need temporary support during planting and harvesting seasons, when qualified Canadians or permanent residents are not available.
The Recruitment Process
The governments of Mexico and the Caribbean countries recruit and select candidates. To qualify, men and women must have experience in farming and:
- be at least 18 years old;
- be nationals of one of the participating countries;
- satisfy the immigration laws of Canada and the worker’s home country; and
- accept and sign an employment contract.
The Employment Contract
The employment contract exists between the foreign worker and the employer. It provides details about the worker’s job and conditions of employment, including the maximum number of hours of work per week, the wage rate for those hours, and the amount of money that will be deducted from the worker’s pay. Deductions include for example, Employment Insurance and Canada Pension Plan premiums, and Canadian income tax.
Costs Covered by the Employer
The employer:
- partially pays for round-trip airfare between the worker’s country of residence and Canada based on an agreement reached by both countries (except for British Columbia where employers pay full airfare);
- pays costs of travel between the airport (or other point of arrival) in Canada and the place of employment and worksites;
- supplies free housing (except in British Columbia) that meets municipal building requirements and health standards set by the province where the work is being done;
- provides a proper cooking area with pots and pans if workers choose to make their own meals; employers who provide meals may deduct up to $6.50 per day from the worker’s wages to offset costs;
- ensures workers are registered with the provincial health insurance plan; and
- provides free, on-the-job injury and illness insurance (called Workers’ Compensation).
Costs Covered by the Worker
The worker is required to pay some expenses; this will be written into the employment contract. The employer may deduct money to pay for:
- a portion of the airfare (except in British Columbia where employers pay full fare) based on the agreement between the worker’s country of residence and the Government of Canada;
- Employment Insurance premiums;
- Canada Pension Plan premiums;
- Canadian income tax;
- the work authorization or work visa fee.
Other deductions may also apply based on the worker’s country of residence.
Taking away and holding personal documents
Employers ARE NOT permitted to take away and keep workers’ passports, medical cards or other personal documents for any reason. If this occurs, workers should contact their government liaison officer immediately.
Eligibility for Employment Insurance and Canada Pension Plan Benefits
The Government of Canada’s Employment Insurance program provides temporary financial assistance for unemployed workers (regular benefits) and those who cannot work for reasons of sickness, childbirth or parenting. It also assists workers who are providing care or support to a family member who is gravely ill with a significant risk of death.
Regular and sickness benefits can generally only be collected while workers are in Canada. Maternity, parental and compassionate care benefits may be collected if workers are outside of Canada. Temporary foreign workers must meet the same eligibility requirements as Canadian citizens and permanent residents.
Everyone who pays into the Canada Pension Plan may collect benefits.
Foreign workers who have made at least one valid contribution to the Canada Pension Plan are eligible to receive a monthly retirement pension generally at age 65. Canada has international social security agreements with many countries, including Mexico and a number of Caribbean countries. These agreements help people qualify to collect pension benefits from either country.
To qualify for disability benefits, workers must have made contributions to the Canada Pension Plan in at least four of the last six calendar years before the start of the disability.
To qualify for the survivor benefit, the deceased must have contributed to the Canada Pension Plan for a minimum of 3 to 10 years depending on the age of the deceased person at the time of his or her death.
Canadian Income Tax
Seasonal agricultural workers from foreign countries who have regular and continuous employment in Canada are subject to tax deductions in the same way as Canadian residents. The amount deducted from a worker’s wages is based on the amount earned and whether or not the worker is single or with dependents. A dependent is a wife, a common-law spouse or a child under the age of 18. If a worker is collecting an Employment Insurance or Canada Pension Plan benefit, the amount collected will be added to the worker’s income. This could mean that a worker may have to pay a higher amount in income tax.
Wages
The employer must pay seasonal foreign workers one of three rates of pay, whichever one is higher:
- the provincial minimum wage;
- the prevailing wage identified by the Government of Canada; or
- the same rate the employer pays Canadians for doing the same type of work.
The employer must make additional payments for overtime.
When an Employer Fails to Respect the Contract
Workers should first contact the government liaison officer of their source country in Canada. The officer can intervene on their behalf and:
- confirm that workers have acceptable housing;
- ensure that workers have health insurance and Workers’ Compensation coverage;
- gather details of worker injuries;
- collect pay records from employers;
- approve worker transfers; and
- consult with employers who wish to terminate a worker’s contract.
Early Termination of a Contract
An employer may dismiss a worker before the end of a contract should the work be completed early. Employers who dismiss workers before the end of their contracts must give notice or pay in lieu of notice. They are not required to do so when they dismiss workers for serious misconduct or repeated absences without good reason.
In the Event of Injury or Illness
Workers are entitled to receive medical and wage benefits (Worker’s Compensation) for work-related injuries or illnesses. Workers should inform their employers immediately and ask for medical assistance. The employer will contact the liaison officer assigned to the foreign worker and the Workers’ Compensation Board, and help the worker find medical assistance or arrange for physician care. Workers who are unable to work because of sickness, injury or quarantine may also be eligible to collect Employment Insurance sickness benefits.
Worker injuries or illnesses that occur outside work hours should also be brought to the attention of the employer so that appropriate medical attention can be obtained.
Concerns about Pesticides
Employers who use pesticides are required to follow the rules established by their provincial government. They must notify workers of pesticide use and provide them with protective equipment.
Workers who work in areas where pesticides are used can protect themselves by always reading the labels on the pesticide containers, wearing clothes that cover their skin, washing their hands and faces frequently, and keeping clothes that have come in contact with pesticides away from other clothing.
For More Information
Foreign Workers should contact their liaison officer or the provincial government where they work for information on employment and labour standards (working conditions, Workers’ Compensation, and health and safety):
Prince Edward Island: 1-800-236-5196
New Brunswick: 1-888-762-8600
Nova Scotia: 1-800-670-4357
Quebec: 1-877-644-4545
Ontario: 1-800-267-8097
Manitoba: 1-866-626-4862
Saskatchewan: 1-800-667-1783
Alberta: 1-310-0000
British Columbia: 1-800-663-7867
For information on Employment Insurance, Canada Pension Plan and income tax, workers should contact their liaison officer or the Government of Canada at 1 800 O-Canada (1-800-622-6232).
This publication is available on line at Human Resources and Skills Development Canada.
To obtain additional copies, contact
HRSDC Publications Services
Human Resources and Skills Development Canada
140 Promenade du Portage
Gatineau, QC K1A 0J9
Fax: 819-953-7260
This document is available in alternative formats through InfoTouch.
Call 1 866 386-9624 on a touch-tone phone or through teletypewriter (TTY), or contact HRSDC at the number listed above.
© Her Majesty the Queen in Right of Canada,
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