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Labour Market Impact Assessment (LMIA)

Agriculture Stream

The agricultural stream of LMIA under TFWP is extremely important to Canadian agricultural employers. It addresses the acute labor shortage in the sector by facilitating the hiring of temporary foreign workers (TFWs) when Canadian and permanent residents are not available. The agricultural industry is generally labor-intensive, low-paying, and limited in terms of career opportunities.

Challenges in the Agriculture Sector

The Canadian agriculture sector, which includes diverse areas such as greenhouses, nurseries, crop and orchard farming, dairy, fisheries, and meat production, is grappling with significant labor shortages. This is due to a combination of factors.

Physically Demanding Work: Agricultural jobs often involve heavy physical labor, which is less appealing to the local workforce. The job demands long hours under varying and sometimes harsh weather conditions.

Lower Wages and Limited Career Growth: The sector is known for offering lower wages than other industries. Additionally, career advancement opportunities are often perceived as limited, making them less attractive for long-term career development.

Seasonal Nature of Work: Several areas of the sector are seasonal, leading to intense labor demands followed by periods of little to no work. This employment inconsistency can discourage potential local employees who prefer stable, year-round employment.

Changing Demographics: The aging farmer population in Canada and the declining interest among younger generations in agriculture as a career have also contributed to the labor shortage.

Global Market Pressures: The need to remain competitive in a global market also pressures Canadian agricultural businesses to maintain high productivity and efficiency, often requiring more labor than is available locally.

Regulatory and Environmental Challenges: Farmers and agricultural businesses also face increasing regulatory and environmental challenges, which require more skilled labor and expertise.

Employer Reliance on LMIA

Given these challenges, Canadian employers heavily rely on the LMIA process to sustain their businesses. ESDC acknowledges this sector’s national economic importance by waiving LMIA application fees and prioritizing processing.

Who qualifies for the agricultural stream LMIA?

Specific Commodity Sectors (National commodity list): Must be in designated sectors like apiary products, fruits, vegetables, grains, dairy, poultry, and more.

On-Farm Primary Agriculture Activities: The role should be directly related to farming and primary agricultural processes.

Seasonal Agricultural Worker Program: Temporary foreign worker must be from Mexico or the participating Caribbean countries (Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts-Nevis, St. Lucia, St. Vincent and the Grenadines, Trinidad, and Tobago) and duration of LMIA is for maximum period of 8 months.

Key Requirements and Benefits

Transportation and Housing: Employers must cover transportation costs and provide suitable housing.

Health and Workplace Safety: Mandatory health insurance and workplace safety insurance coverage.

Wages and Working Conditions: Fair wages and conditions, matching those of Canadian workers in similar roles.

Duration of LMIA Application: Up to 2 years for standard positions and 3 years for high-wage roles.

Application Fee: To support the sector, ESDC does not charge any fee for processing Agricultural Stream LMIA applications.

Priority Processing: These applications are often processed on a priority basis to ensure timely availability of labor.

Agricultural stream has great benefits for Canadian agriculture. It effectively bridges the gap caused by local labor shortages, ensuring agricultural operations remain vibrant and sustainable. This program not only aids Canadian agribusinesses in meeting labor demands but also upholds fair employment practices for foreign workers. By facilitating the responsible and ethical employment of temporary foreign workers, the Agricultural Stream of the LMIA contributes significantly to the resilience and continued success of Canada’s agricultural industry, a vital component of the national economy.

How Can X can help?

Can X offer specialized and expert assistance in navigating the complexities of the Labour Market Impact Assessment (LMIA) process, supports employers in securing work permits for their foreign workers, and provides comprehensive compliance services. Our services are designed to cater to the needs of employers, ensuring compliance with the ever-changing LMIA rules, regulations, and requirements, facilitating the work permit application process, and maintaining adherence to compliance standards.

 

Up to Date LMIA Regulation Monitoring: Can X continuously tracks and researches the latest LMIA changes, keeping our clients informed about impacts on various job categories, durations, exemptions, etc. This is crucial for businesses needing to stay current with Canadian immigration and employment laws.

Eligibility Assessment and Advice: Our team at Can X expertly assesses client profiles, providing personalized advice on their eligibility for an LMIA. We ensure that each client understands the criteria and requirements for a positive outcome.

Assistance with Advertisement Posting: Can X guide clients through the LMIA-required job advertisement process, ensuring compliance with Canadian employment regulations.

Comprehensive Application Support and Legal Representation: Our experienced professionals at Can X assist in preparing and submitting LMIA applications and offer robust legal representation before Employment and Social Development Canada (ESDC).

Work Permit Application Assistance: Can X also helps employers in securing work permits for their foreign workers. Regardless of where the foreign worker is located, our diverse team of experts provides full support throughout the work permit application process, ensuring a smooth and successful experience.

Compliance Services: Can X provide services for ensuring and maintaining compliance. We pride ourselves on the fact that none of our employers have been found noncompliant so far. Our services extend beyond obtaining a positive LMIA; we offer comprehensive solutions including addressing and preparing compliance responses to ESDC inquiries and audits.

Diverse Clientele and Proven Success: Can X has successfully secured positive LMIA results, work permits, and ensured compliance for a wide range of employers, including major corporations and small businesses across various industries.

100% Success Rate for Qualified Employers: Can X proudly boasts a 100% success rate in obtaining positive LMIA outcomes for employers who meet the qualifying criteria. Our unmatched success rate demonstrates our expertise and commitment to excellence.

Our approach at Can X is to maximize the chances of successful LMIA application, work permit approvals, and compliance maintenance. Our dedicated team provides comprehensive, efficient, and effective solutions for all your immigration, employment, and compliance needs.

Frequently Asked Questions (FAQs ) about Agriculture Stream LMIA

The Agricultural Stream LMIA is a program under Canada’s TFWP that allows agricultural employers to hire temporary foreign workers when Canadian and permanent residents are not available. 

Employers in specific commodity sectors like apiary products, fruits, vegetables, dairy, and more, involved in on-farm primary agricultural activities, qualify for this stream

No! ESDC does not charge a fee for processing Agricultural Stream LMIA applications

The maximum duration is up to 2 years for standard positions and can extend up to 3 years for high-wage positions.

Yes! Employers must provide suitable, affordable housing that meets Canadian Mortgage and Housing Corporation standards.

Yes! Employers are required to cover round-trip transportation costs for temporary foreign workers to and from their country of residence.

It’s a part of the Agricultural Stream where temporary foreign workers from Mexico or participating Caribbean countries are hired for a maximum period of 8 months.

Employers must provide mandatory health insurance and ensure workplace safety insurance for temporary foreign workers.

It addresses labor shortages, ensures steady workforce availability, and maintains productivity.