Hire a temporary foreign worker through the Agricultural Stream: Program requirements

Employers New: September 18, 2026

An employer is the entity that hires the temporary foreign worker, sets their working conditions and directly pays them. An entity can be:

a person
a business
a corporation, or
an organization

When assessing a Labour Market Impact Assessment (LMIA) application, Service Canada determines whether the applicant is the employer by considering factors such as:

who's obligated to meet all the requirements of the Temporary Foreign Worker Program (TFW Program) under the Immigration Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR)
who directly benefits from the work
who has the authority to decide where, when and how the work will be done
who's responsible for paying wages and other compensation
who employs the workers, determines job duties, defines job expectations and monitors performance
who has the authority to fire or dismiss
who does the temporary foreign worker recognize as the employer
who signs and concludes the employment agreement as the employer on or before the first day of work
what are the characteristics of the relationship between the employer and the temporary foreign worker, such as:
- management
- supervision
- remuneration and administration, including statutory benefits such as income tax, the Canada Pension Plan (CPP), the Quebec Pension Plan (QPP) and Employment Insurance (EI)

Employer-employee relationship

An employer-employee relationship exists when an employer hires a worker, directs their duties and pays them for their work. The employer must make an offer of employment and provide employment for a specified period of time to the temporary foreign workers who will provide labour in return for compensation.

This relationship is further confirmed in the employment agreement that's signed by both parties on or before the first day of work.

This relationship helps ensure that:

a genuine job offer exists with a set wage rate and clear working conditions
the worker will be employed full-time and protected under applicable labour laws, health insurance and worker's compensation, and
required deductions will be made such as income tax, CPP, QPP, EI or any other federal, provincial or territorial deductions

Note: Staffing or employment agencies who recruit workers for other businesses aren't considered employers under the TFW Program. They can't be approved to hire a temporary foreign worker for other businesses since an employer-employee relationship doesn't exist.

Misclassifying temporary foreign workers as independent contractors

Employers can't classify temporary foreign workers as independent contractors.

Misclassification is non-compliant under the TFW Program. It can:

weaken wage protections
avoid required deductions (income tax, CPP/QPP, EI)
violate federal or provincial employment laws

Employers must ensure that a worker's status reflects the employer-employee relationship identified in the approved LMIA and the employment agreement.

Employers won't be approved to hire a temporary foreign worker where an employer-employee relationship doesn't exist.

After receiving an approved LMIA, employers can't:

reclassify a temporary foreign worker as an "independent contractor" after hiring, or
structure the relationship to avoid payroll, compensation or program requirements

For more information on misclassification in the trucking sector, consult Misclassification in the Road Transportation Industry: Awareness Kit.

Consequences of misclassifying

Non-compliant employers can face consequences including:

administrative monetary penalties
bans from the TFW Program

Employers could also be listed on federal or provincial government websites, such as the Labour Program's Public naming of employers for contraventions and violations under the Canada Labour Code and related regulations.

Third-party representatives

Using a third-party representative

Employers may choose to use the services of a third-party representative (paid or unpaid) to act on their behalf when hiring a temporary foreign worker under the Temporary Foreign Worker Program. Employers who choose to use a third-party representative must complete the "Third-party representative information" section of the LMIA application.

Employers must not recover the costs for the services of a paid third-party representative from the temporary foreign worker. The third-party representative can't demand or recover the processing fee or other costs related to recruiting from the temporary foreign worker.

Third-party representatives assist employers by providing services, such as:

explaining and providing advice on the TFW Program
completing and submitting the application form and all required documents
communicating with Employment and Social Development Canada (ESDC)/Service Canada on the employer's behalf
representing the employer during the application process

ESDC/Service Canada:

reserves the right to contact employers directly when further information or documentation is required
won't mediate a dispute between an employer and a third-party representative nor communicate complaints to a regulatory body on an employer's behalf
won't communicate complaints to a regulatory body on an employer's behalf

For additional information, consult File a complaint against a representative.

Paid third-party representatives

Paid third-party representatives represent or assist employers in exchange for compensation (for example, money, goods or services). These third-party representatives must be authorized under section 91 of the Immigration and Refugee Protection Act (IRPA).

A paid third-party representative must be a member in good standing of one of the following:

a Canadian provincial or territorial law society, including a student-at-law under its supervision
the Chambre des notaires du Québec (available in French only)
the Law Society of Ontario as a paralegal, or
the College of Immigration and Citizenship Consultants (CICC)

Employers should verify that a specific third-party representative is authorized to represent them or provide immigration advice.

If a paid third-party representative isn't authorized under the IRPA, ESDC/Service Canada will continue to process the application but will communicate with the employer directly. However, a copy of a signed letter stating that the employer is no longer using the services of the original third-party representative will be required before the employer can:

hire another paid authorized third-party representative
work with an unpaid third-party representative

IRPA 91: Representation or advice

Unpaid third-party representatives

An unpaid third-party representative can also assist you but isn't authorized to collect a fee or other forms of compensation. Unpaid third-party representatives aren't subject to any restrictions under the IRPA and can be a:

family member or friend
member of a domestic or international agency, religious organization or non-governmental organization
lawyer, notary or member in good standing of the CICC doing pro bono work

Recruiters

A recruiter or anybody recruiting for the employer is someone who:

finds or attempts to find an individual for employment with the employer, or
assists another person in finding or attempting to find an individual for employment with the employer, or
refers a foreign national to another person who finds or attempts to find an individual for employment with the employer

Some provinces and territories have specific requirements for recruiters and recruitment activities. It is your responsibility to ensure you comply with those requirements. As an employer, you're also responsible for the actions of anyone who recruits on your behalf.

Processing fee

The LMIA processing fee doesn’t apply to occupations related to primary agriculture and positions under the National Occupational Classification (NOC) codes 80020, 80021, 82030, 82031, 84120, 85100, 85101 and 85103.

Recruitment fees

There may be a variety of fees and costs incurred in the process of recruiting temporary foreign workers, including but not limited to:

cost of using a third-party representative
advertising fees
fees paid by a foreign national for assistance with finding or securing employment
fees paid by an employer for assistance or advice in the hiring of foreign nationals

As an employer, you must confirm and ensure that you or anybody recruiting on your behalf doesn’t charge or recover any recruitment fees, directly or indirectly, from the temporary foreign workers. Failure to do so will result in a negative LMIA decision.

Abuse-free workplace and affiliated employers

Employers who haven't employed a temporary foreign worker in the past 6 years prior to submitting a LMIA application will be subject to a review. The employer must demonstrate that they made reasonable efforts to provide a workplace that is free of abuse and that they weren't an affiliate of an employer who is ineligible for the TFW Program or in default of any amount payable in respect of an administrative monetary penalty.

A workplace that is free of abuse includes

(a) proactive efforts made to prevent workplace abuse
(b) reactive measures taken to stop abuse

An affiliate includes an employer that is controlled by another employer

(a) 2 employers that are under common control, or
(b) employers that aren't operated at arm's length

Business legitimacy

All employers applying to the TFW Program must supply documents along with their LMIA application to demonstrate that their business and job offer are legitimate.

Transportation

Employers must always pay for the round-trip transportation costs (for example, plane, train, boat, car, bus) of the temporary foreign worker to the location of work in Canada, and back to the temporary foreign worker's country of permanent residence. These costs must be paid upfront by the employer to ensure that they aren’t part of any negotiations related to the employment contract. This process helps protect temporary foreign workers, 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 reapply for a subsequent LMIA or if they’re selected for inspection.

Note: Under no circumstances can an employer recover the transportation costs from the temporary foreign worker.

Day-to-day transportation

Employers must provide to the temporary foreign workers, where required, no-cost transportation to and from the on-site/off-site housing location to the work location.

Housing

Employers must provide temporary foreign workers 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 doesn’t exceed the maximum occupancy permitted. They must also ensure that sufficient housing will be made available for all temporary foreign workers per approved accommodation from the date of arrival to the date of departure.

Employers supplying:

on-farm housing
- can deduct a maximum of $30 per week (pro-rated for partial weeks) from the temporary foreign worker's wage, unless applicable provincial or territorial labour standards specify a lower amount
off-site housing - NOC codes 84120 (farm machinery operators only), 85100, 85101 and 85103
- can deduct a maximum of $30 per week (pro-rated for partial weeks) from the temporary foreign worker's wage, unless applicable provincial or territorial labour standards specify a lower amount
off-site housing - NOC codes 80020, 80021, 82030, 82031 and 84120 (specialized livestock workers only)
- must ensure that the rent doesn’t cost more than 30% of the temporary foreign worker's gross monthly earnings

If the employer is the leaseholder or the owner of the dwelling where multiple temporary foreign workers are living, the employer must determine the rent according to the market rate. The rent must be divided equally between temporary foreign workers.

Private housing

The temporary foreign worker isn’t required to stay in the housing provided by the employer and may choose to leave in favour of private accommodation. However, the temporary foreign worker may need to provide advance notice to the employer or the commercial establishment regarding the departure date. The submission of an attestation that temporary foreign workers have chosen their own housing doesn’t exempt the employer from ensuring housing remains available from the date of arrival to the date of departure. Specifically, the approved housing inspection report (HIR) must ensure enough space for all temporary foreign workers listed on the LMIA, whether they reside in the accommodation or not.

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

the temporary foreign worker 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 accommodation is located)
the temporary foreign worker’s decision to decline or leave employer-provided housing is informed and voluntary, and
the temporary foreign worker knows that employer-provided housing is always available to them

A private housing attestation form is available. Contact the Employer Contact Centre for a copy.

Housing inspection

Employers must provide proof that the on-farm or off-site housing has been inspected by the appropriate provincial, territorial or municipal body or by an authorized private inspector with appropriate certification. If the authorized inspector or jurisdiction doesn’t 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 results.

Effective January 1, 2018, 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 HIR have been addressed prior to obtaining a decision.

These additional requirements will include that:

The HIR must:

have all relevant sections completed
indicate that the housing has been inspected within the last 8 months prior to the date the LMIA application is received by Service Canada, and
indicate the maximum number of workers permitted per approved accommodation

Employers in British Columbia must:

use the British Columbia Agriculture Council (BCAC) housing inspection form, and
have the housing inspection conducted by a BCAC sanctioned inspector authorized to conduct housing inspections

Failure to meet the requirements for the HIR without justification will result in the LMIA application being considered incomplete.

Although an HIR with a “pass with conditions” status will still be accepted for the purpose of processing an LMIA application, a decision won’t be rendered until the employer has provided evidence that all conditions on the HIR have been addressed.

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 temporary foreign worker.

Important: Employers who are using commercial accommodations 3 stars or above aren’t required to submit an HIR.

Health and workplace safety

Health insurance

In applicable provinces or territories, you must obtain and pay for private health insurance that covers emergency medical care, for any period during which the temporary foreign worker isn’t covered by the applicable provincial or territorial health insurance system.

The coverage the employer purchases must correspond with the temporary foreign workers’ first day of work in Canada and the costs mustn’t be recovered from the temporary foreign workers.

During an employer inspection, an ESDC/Service Canada inspector will look at the policy coverage to make sure that it hasn’t been charged back to the worker, and that it covers at minimum the costs of basic emergency health care for sudden illness or injuries during the period the temporary foreign worker isn’t covered by the provincial or territorial health insurance. Some private insurance companies offer more comprehensive plans, but ESDC will accept a basic plan so long as it ensures that the temporary foreign worker won’t have to pay for medical care if they become sick or have an accident while working in Canada.

To demonstrate compliance, the employer must be able to show proof of payment for suitable private health insurance for each temporary foreign worker, as well as the terms of the policy coverage (for example, the details of what is covered).

Note: Under no circumstances can an employer recover the health insurance costs from the temporary foreign worker.

Workplace safety

Employers must always ensure that the temporary foreign workers they want to hire under the TFW Program are covered from the provincial or territorial workplace safety insurance provider, where required by law. In provinces or territories where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, employers must ensure:

that any private plan chosen provides the same level of compensation to that offered by a province or territory (for example, must provide the same or better coverage than that offered by the province or territory)
that all employees on the worksite are covered by the same provider

Employers enquiring about private insurance plan equivalency should contact the provincial or territorial workplace safety authority.

The coverage purchased by the employer must correspond with the temporary foreign workers’ first day of work in Canada and the costs mustn’t be recovered from the temporary foreign workers.

Pesticides and chemical use

Employers using pesticides or other hazardous chemicals must follow provincial or territorial rules. They must notify workers of pesticide and chemical use and provide workers with:

free protective equipment
appropriate formal and informal training
supervision where required by law

Employment agreement

Although a copy of the employment agreement isn’t required at the time of LMIA submission, you must commit to providing a completed and signed employment agreement to each foreign worker on or before their first day of work with you. An employment agreement must:

include information for employment in the same occupation, with the same wages and working conditions as those set out in the offer of employment
be drafted in either English or French as preferred by the foreign worker, and
be signed by both the employer and the foreign worker

Employers can develop and use their own employment agreement as long as it contains all the necessary information. You can also use the employment agreement template.

Employers must maintain complete employment records that fully document compliance with the employment agreement throughout the duration of the employment.

For positions in Quebec, visit the website of the Ministère de l'Immigration, de la Francisation et de l'Intégration (MIFI) (French only) for specific requirements regarding the employment contract.

Union consultation

Although it isn’t a mandatory requirement, if the position being filled by the foreign worker is unionized, it is recommended that employers:

work actively with union representatives to recruit unemployed Canadians and permanent residents
consult the union on its position regarding the hiring of a foreign worker for the available job
confirm that the conditions of the collective agreement (for example, wages, working conditions) will apply to the foreign worker

Note:

ESDC/Service Canada may contact the union for more information
The position offered to the foreign worker can’t affect current or foreseeable labour disputes at the workplace, or the employment of any Canadian or permanent resident workers involved in these disputes
During LMIA assessment, if it is determined that hiring temporary foreign workers is likely to adversely affect the course, the outcome, or the settlement of any labour dispute, you'll receive a negative LMIA decision

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2026-09-22