Most workers who come to Canada to work on farms under the federally regulated Seasonal Agricultural Worker Program (SAWP) or Temporary Foreign Worker (TFW) program intend to return home when their work permit expires. In fact, most workers look forward to returning home each year to their family and friends.

Occasionally, some workers will seek permanent resident status and end up staying full-time here in Canada. Workers are entitled to apply for permanent residency just as anyone else from outside of Canada and are subject to the same eligibility conditions. Having Canadian work experience is often considered a significant advantage in eligibility under Canadian immigration programs.

On the other hand, there is a group of workers who find themselves in a more precarious situation: undocumented workers. These individuals are working in Canada without legal authorization. Many of them initially entered the country legally but overstayed their permits. While this represents a violation of Canadian immigration law, it also comes with significant downsides and risks to the workers since they are no longer on the radar of provincial and federal government officials who would normally monitor and enforce their rights and protections.

The TFWP is designed to give the international farm workers all the tools so that they return home after their work term in Canada is completed. For instance, farm employers are obligated by law to arrange for the worker’s return flight home and to cover the cost of the airline ticket.   Of course, there’s a wide variety of personal reasons that may lead a worker to go down the road of overstaying a permit – but it’s important to remember that the decision to remain in Canada without authorization is made by the worker themselves and that it is neither a feature of the programs nor a decision by the employer.

There are legal ways for workers to stay past their original work permit. Canada’s immigration regulations give workers who wish to move to a new job while in Canada, or who wish to extend their work permit the option to apply for a new work permit within Canada. Applications are assessed on a case-by-case basis by Immigration, Refugees and Citizenship Canada.

One of the major goals of farmers using the SAWP and TFW program is to uphold the integrity of these programs. This means ensuring all government regulations, inspections and rules are enforced, while workers in these programs are treated with respect and care. For this to happen, workers must be on farms legally with the proper authorization. Ultimately, there can be unfortunate consequences facing the safety of those not in the country on a legal work permit.

Canada’s Seasonal Agricultural Worker Program (SAWP) began in 1966 when over 200 Jamaicans were brought to Ontario to help with apple harvesting. Since then, the SAWP, and more recently the federal government’s Temporary Foreign Worker (TFW) program, have been integral in ensuring there is labour available to fruit and vegetable farmers who need the help. We are often asked why farms need migrant labour and why  growers can’t just hire Canadians instead. In this blog, we’ll examine the reasons why growers often turn to migrant workers and the challenges they face in sourcing local workers.

Canadian labour first

Before Canadian growers are allowed to hire workers using the SAWP or TFW program, they must prove that they have made every effort to fill their open jobs with Canadian workers. This requirement can be temporarily suspended by government when the labour market for a sector is deemed so tight that local hiring is considered unrealistic for all practical purposes (as is currently the case for agriculture until the end of June 2024).  The reality is, most Canadian job seekers live in urban centres, far from the farms where workers are desperately needed. That makes these types of positions chronically difficult to fill and even after hiring foreign workers, farms continue to have jobs they can’t fill.

Manually intensive labour

Fruits and vegetables are very delicate. You’ve probably dropped your apple or pear on the floor at some point and been disappointed to see the bruise that resulted. Because of this, jobs like harvesting, pruning trees, tying vines, and many more require a lot of careful touch and intensive labour. While the technology on farms continues to grow, and many crops including potatoes and carrots can be harvested by machinery, there are still a lot of crops that require the delicate touch and need to be harvested by hand including asparagus and apples.

Time-sensitive

Farm work is also very time-sensitive: with fluctuating weather and crops that are perishable, a lot of work must be done in a short amount of time, making for long days. If a crop is ready to harvest on a weekend, for example, that’s when that work needs to be done – waiting until Monday could mean the crop has spoiled and is no longer suitable to be sold to consumers.

During peak times of the year, farm workers work long hours. To a lot of people, the hard work and long hours are not what they’re used to or want to do. For many workers coming through the SAWP and TFW program, long hours are what they expect and want to do, especially if their seasonal work only lasts several weeks (e.g. harvest or other seasonal work like planting, etc.), leaving them with a limited window in the year to earn money to support their families at home.

Importance

Migrant farm workers are the backbone of the fruit and vegetable industry in Ontario. Without their work we wouldn’t be able to enjoy the abundance of produce grown across our province. With More than a Migrant Worker, we aim to highlight these remarkable individuals, providing them with a platform to share their stories with us.

One of the most significant benefits for migrant farm workers coming to Canada through the legal government-regulated Seasonal Agricultural Worker Program (SAWP) and Temporary Foreign Worker (TFW) program is housing.

Given the rural location of most farms, finding housing in the area can be extremely difficult. Luckily for the workers, housing is provided by their employers and is something they don’t have to worry about.

First off, it’s an absolute must for employers to provide these farm workers with housing, as outlined by the government. Without the guarantee of appropriate housing, employers cannot hire workers from SAWP or the TFW program.

SAWP workers live completely rent-free, and although TFW program workers pay rent, it’s capped at a maximum of $30 a week. Most employers have built housing units on the farm, which range in size depending on the number of workers they employ. Some workers live in single rooms, although it’s more usual for workers to have a roommate and share a common area, very similar to what you see with oil workers in Western Canada.

There are also annual inspections of all housing units by government officials, local public health units and, for SAWP workers, liaison officers from their home countries. Among the things inspectors look for is ensuring that all housing is pest-free, can maintain a minimum temperature of 20^oC, is properly outfitted with furniture and appliances, and has clean water, ventilation and adequate sanitation facilities. These requirements are the absolute minimum, but many growers go above and beyond what’s required to provide fantastic housing for their workers.

Maricela works at Meyers Fruit Farms in Niagara Region. Meyers has recently built five new housing units to accommodate their 40 employees. Watch the below video as Maricela walks us through the new housing unit she lives in with her colleagues.

Asparagus grower Mike Chromczak gives us a look at the units on his farm. Each four-bedroom unit houses six workers who share two full bathrooms, two fridges, laundry facilities, a spacious kitchen and common living area.

Unfortunately, there’s a good chance you’ve come across images of migrant farm worker housing that appears rundown, unsafe and frankly unhabitable. In most cases, these situations involve workers who are undocumented or working without legal permits,  a precarious status that leaves them vulnerable to mistreatment. Both the federal and provincial governments have announced their intentions to prevent the exploitation of these undocumented people, which has the full support of the agriculture sector.

In 2022, the federal government implemented new anti-reprisal rules specific to these migrant workers to supplement existing provincial protections such as those in Ontario which protect all employees, including local and foreign ones.  Between the federal and provincial regulations, the workers have several layers of protection against being penalized or punished for speaking out about unsafe working or inadequate living conditions.

To learn more about the government regulated streams, including the differences between the SAWP and TFW program, read more of our blog posts at https://www.morethanamigrantworker.ca/blog/.

Unfortunately, many people imagine farm work as being in the field doing the same repetitive task all day. While there can be days like this (similar to many other jobs!), the reality is that there are tons of unique jobs that require different skillsets and levels of experience around the fruit and vegetable farm. From operating harvesters to fixing irrigation systems, migrant farm workers play huge roles on the farms they work at, and in many cases, they involve these specialized tasks.

The technology on farms is incredible. For example, think of the last time you drove past or visited a winery. Notice how straight the grape vines are planted? This is possible due to Global Positioning Systems (GPS), just one of countless expensive pieces of equipment you’ll find on a farm. To operate any of these machines, you must have in-depth knowledge and training to ensure your safety and that of others. It can take months, even years, to become trained on some of the more advanced technology.

Fermin works at a potato farm in Alliston, Ontario and says when he started working at the farm, he was performing various tasks in the field and on the smaller machines. Now he operates the large harvesting equipment and technology in the packing facilities.

“I work in the processing area inside, chipping potatoes. I am happy anywhere, but I love technology and have learned many new skills in both places. I now can operate the large harvesting equipment in the fields and am grateful for this opportunity from my foreman,” Fermin says.

There’s also a science to planting and growing fruits and vegetables. Knowing when to plant and harvest, when to irrigate, when to spray – there are so many factors that go into producing the best quality fruits and vegetables safely and efficiently. Combine all this with outside factors like weather, and you can see why it’s important for workers to have extensive knowledge of how certain conditions will impact the crops and be able to react accordingly.

Jesús works on a vegetable farm and prepares the grounds for planting and harvesting. This includes spraying, irrigating and other regular maintenance check-ups to ensure the fields and soil are in peak condition.

What makes the work done in Ontario even more incredible is that back home, many of these workers have different jobs. Often, they are related to agriculture, but it’s not uncommon for these men and women to work in other sectors like education or culinary. To hear more of their stories, like Carlos talking about the work he does at an apple orchard, visit www.morethanamigrantworker.ca/videos.

For many migrant farm workers who come to Canada through the Seasonal Agricultural Worker Program (SAWP), it’s been a long journey in the making. It’s no guarantee when a worker applies to SAWP that they are given the opportunity to join the program. That’s what makes it so special for workers like Ermel, who applied for the program twice before he was accepted into the program and admits that he chose to come to Canada to improve the lives of his three children.

First off, there is a certain list of countries whose workers are eligible to participate in SAWP. This includes Mexico, Jamaica and several other Caribbean nations. Canadian farms must demonstrate that there are no Canadians to fill the positions at the farm by completing a Labour Market Impact Assessment (LMIA). The LMIA must be first approved by Service Canada and then can be shared with the government of one of the participating countries who will then do the recruitment and hiring of workers in response to the request from the farm.

As for the workers applying to join the SAWP, it’s certainly not something done on a whim. For most, they have been thinking about it for years and many have family members who have served as inspiration to apply for the program. The application process takes dedication and hard work as workers must fill out many documents, along with healthcare check-ups and meet certain requirements as laid out by their home country’s government. Mexico, for example, requires workers to have some sort of background in agriculture in order to be eligible. It’s a rigorous process run by their government, not just something anyone can sign up for.

To so many of these men and women, SAWP is a major deal. As Carlos from Jamaica says, “It takes a lot to know you are leaving your family back at home, but it is worth it.”

Another reason for SAWP being so important is the protection and benefits that workers receive from it while in Canada. This includes things like housing, healthcare, fair wages and more. Unfortunately, undocumented workers coming illegally into Canada do not receive these same protections, leaving them vulnerable to mistreatment. This is why it’s crucial for workers to come to Canada through one of the government-regulated streams.

To learn more about the government-regulated programs, check-out one of our recent blog posts detailing the different options for workers to come to Canada. https://www.morethanamigrantworker.ca/sawp-tfw-program-undocumented-what-do-these-mean/