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Overview

All agricultural employees, working in Ontario, are protected under the Employment Standards Act (ESA). This includes temporary foreign workers.

Depending on the category the agricultural employee falls into, different rules and standards may apply. The 4 categories are:

  1. farm employees
  2. harvesters
  3. near farmers
  4. landscape gardeners

If the employee’s work falls into more than one category, how they spend most of their time, at work, determines which rules and standards apply.

Foreign nationals

Agricultural employees who are also foreign nationals, in Ontario for immigration or a foreign temporary employee program also have rights under the Employment Protection for Foreign Nationals Act, 2009 (EPFNA).

Learn more about employment protection for foreign nationals.

Farm employees

A farm employee is a person employed on a farm whose work is a direct part of the primary production of certain agricultural products. Primary production includes planting crops, cultivating, pruning, feeding and caring for certain livestock.

Rights under the ESA

  • regular payment of wages and wage statements
  • leaves of absence
  • termination notice and / or pay and severance pay
  • equal pay for equal work

Learn more about special rules or exemptions for farm employees.

Harvesters

A harvester is a farm employee employed on a farm to harvest, or bring in, crops of fruit and vegetables or tobacco for marketing or storage. There are some special rules for these employees.

Rights under the ESA

  • regular payment of wages and wage statements
  • leaves of absence
  • termination notice and / or pay and severance pay
  • equal pay for equal work
  • minimum wage (special rules apply for harvesters who are paid on a piece-work basis
  • vacation with pay (after being employed for 13 weeks as a harvester)
  • public holidays (after being employed for 13 consecutive weeks as a harvester)

Learn more about special rules or exemptions for harvesters.

Near farmers

Near farmers are employees whose work is directly related to:

  • the growing of flowers or trees and shrubs for retail and wholesale trade
  • the growing, transporting and laying of sod
  • the breeding and boarding of horses on a farm
  • the keeping of fur-bearing mammals (as defined in the Fish and Wildlife Conservation Act, 1997, and including foxes, lynxes, martens, mink and racoons) for circulation or commercial production of pelts

Rights under the ESA

  • regular payment of wages and wage statements
  • leaves of absence
  • termination notice and / or pay and severance pay
  • equal pay for equal work
  • minimum wage
  • vacation with pay

Learn more about special rules or exemptions for near farmers.

Landscape gardeners

Parks gardeners and greenskeepers on a golf course are considered to be “landscape gardening” employees. People working on retaining walls, and those who spray roads and industrial sites for weeks are not “landscape gardening” employees, neither are the office employees in a landscape gardening company.

Rights under the ESA

  • regular payment of wages and wage statements
  • leaves of absence
  • termination notice and / or pay and severance pay
  • equal pay for equal work
  • minimum wage
  • eating periods and daily, weekly and biweekly rest periods
  • vacation with pay

Learn more about special rules or exemptions for landscape gardeners.