The Temporary Foreign Worker Program (TFWP) is a federal program. The TFWP has several streams for hiring IAWs, each with its own program requirements. Learn through Employment and Social Development Canada (ESDC) how to recruit IAWs through the different streams of the TFWP, and what employers need to do when hiring.

Why international agri-food workers are important to Ontario’s agri-food sector

An IAW is a temporary foreign worker through the TFWP. IAWs are considered essential workers who come to Ontario to work in the agricultural and related agri-food sectors when Canadians and permanent residents are not available to fill job vacancies.

Travel costs

Each stream of the TFWP has its own requirements for temporary foreign worker travel to and from Ontario.

An employer is generally responsible for the round-trip transportation costs for each temporary foreign worker to arrive at their work location in Ontario at the beginning of their work period, and to return to their country of residence at the end of their work period. This may include costs for transportation like flights, trains or buses.

It is important to understand the requirements for each stream of the TFWP when planning to hire IAWs into your business or farm.

Labour Market Impact Assessments

A Labour Market Impact Assessment (LMIA) is an assessment issued by ESDC that determines whether hiring a temporary foreign worker will have a positive, neutral or negative impact on the Canadian labour market.

If the employer needs an LMIA, they must apply for one.

A positive decision on an LMIA will show that there is a need for a temporary foreign worker to fill the job and that there is no Canadian worker or permanent resident available to do the job. A positive decision on an LMIA is sometimes called a confirmation letter.

Once an employer receives the positive LMIA, the IAW can apply for a work permit.

To apply for a work permit, an IAW needs:

Learn more about hiring an IAW with an LMIA.

Housing and inspections

If employer-provided housing is required by the TFWP stream, an employer must ensure or provide each IAW with adequate, suitable and affordable housing as defined by Canada Mortgage and Housing Corporation (CMHC) and in accordance with provincial and municipal laws. Each stream of the TFWP has its own requirements, and housing may be located on the farm or off-site. If employer-provided housing is required, employers must provide proof that the housing was inspected within the last 8 months as part of the LMIA application.

Adequate housing is defined as housing that does not need any major repairs, including defective plumbing or electrical wiring, or structural repairs to walls, floors or ceilings.

Suitable housing is defined as housing that has enough bedrooms to accommodate the size and make-up of the residents in the household.

Affordable housing, as defined by CMHC, includes shelter not exceeding 30% of gross monthly income, before tax. This includes the cost of rent and any payments for electricity, fuel, water and other municipal services. Depending on which TFWP stream the IAW is hired under, all or part of the housing costs must be covered by the employer.

For the LMIA application process, an employer must submit a housing inspection report (HIR) that:

  • has all relevant sections completed
  • indicates the maximum number of workers permitted per approved accommodation
  • indicates that the housing has been inspected in the last 8 months prior to the date the initial LMIA application is submitted

Private housing

The IAW is not required to stay in the housing provided by the employer and may choose to leave in favour of private housing. However, the IAW may need to provide advance notice to the employer about the departure date.

If an IAW submits an attestation that they have chosen their own housing, the employer must still ensure housing remains available from the date of arrival to the date of departure. Specifically, the approved HIR must ensure enough space for all IAWs listed on the LMIA, whether or not they live in the accommodation.

Employers must keep a record when an IAW chooses to live in private housing instead of housing provided by the employer. In case of inspection, the employer must be prepared to demonstrate that:

  • the IAW is aware that adequate, suitable and affordable housing must be provided to them by the employer (this includes meeting all housing standards in the jurisdiction where the housing is located)
  • the IAW’s decision to decline or leave employer-provided housing is informed and voluntary
  • the IAW knows that employer-provided housing is always available to them

To get a copy of the private housing attestation form, contact the Employer Contact Centre.

Housing inspections

LMIA housing inspections are usually conducted by your local public health unit and fire department, although they can be conducted by a private inspector in some instances.

Employers are responsible for any costs that may be associated with having the housing inspected. Under no circumstances can employers recover these housing inspection costs from the IAWs.

Once IAWs have arrived, the liaison service or consulate, public health unit, municipal fire and building departments and Service Canada may inspect housing at any time under certain circumstances.

Local fire departments and building departments will have their own housing/accommodation requirements under the Fire Protection and Prevention Act, 1997 and Building Code, respectively, including for occupancy and zoning.

Owners and operators providing housing to IAWs should consult with their local municipality in advance, including the building and fire departments, to ensure requirements are met before requesting an inspection from public health. These entities may require repairs or improvements to employer-provided housing at any point.

Contact your local public health unit to learn more about requirements and fees for inspections in your region.

Compliance information

As an employer, you must:

  • meet the requirements of the:
  • keep all relevant records for 6 years beginning on the first day of the period of employment for which the work permit was issued, including:
    • documents related to the LMIA
    • documents related to the conditions set out in the IRPR
    • conditions outlined in the LMIA decision letter and its annexes
    • changes in housing conditions (for example, when an IAW chooses to leave housing provided by the employer for private housing)
  • immediately inform the Employer Contact Centre at 1-800-367-5693 of:
    • any changes or errors with an approved LMIA
    • changes in IAW working conditions
  • address any compliance issues and voluntarily notify ESDC once issues have been addressed