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Guide · about 31 minute read

Hiring seasonal and temporary foreign workers in Canada

Seasonal hiring follows the same employment standards as any other job, and hiring through the Temporary Foreign Worker Program adds federal rules on advertising, wages, housing, travel and worker protection. This guide walks a small employer through both, from planning the season to the final Record of Employment, with a checklist you can work through step by step.

Who this guide is for

This guide is for small employers who need extra hands for part of the year: farms and orchards, fish and seafood plants, campgrounds, inns and restaurants in tourist areas, landscaping crews and construction contractors. If your staff count goes up every spring or summer and down every fall, it is written for you.

There are two ways to fill seasonal jobs, and the rules for each are very different.

Path 1: hire people who can already work in Canada

Most seasonal hires are Canadian citizens, permanent residents, students, or people who already hold a work permit that lets them work for you. For these workers you follow your province's employment standards (minimum wage, hours, overtime, vacation pay, public holidays, notice and final pay), payroll rules, and health and safety law. You issue a Record of Employment (ROE) when the season ends. No federal approval is needed to hire them.

Path 2: hire foreign workers who need a work permit to work for you

If you can't find enough local workers, you may be able to hire foreign nationals. There are two federal programs:

  • The Temporary Foreign Worker Program (TFWP), run by Employment and Social Development Canada (ESDC) and Service Canada. In most cases you must first get a Labour Market Impact Assessment (LMIA). An LMIA is a decision from ESDC that hiring a foreign worker for a specific job is unlikely to hurt the Canadian labour market. The worker then uses it to apply to Immigration, Refugees and Citizenship Canada (IRCC) for a work permit.
  • The International Mobility Program (IMP), run by IRCC, covers work permits that don't need an LMIA. You can hire someone who already holds a permit that allows the work, but you still have obligations as an employer.

On both paths, a foreign worker is an employee like any other. Your province's employment standards apply to them in full, and the program rules add obligations on top.

How to use this guide

Sections 2 and 12 apply to every seasonal hire. Sections 3 to 11 are about foreign workers. The checklist at the end marks each step as applying to all hires, to seasonal Canadian hires, to TFWP hires, or to Seasonal Agricultural Worker Program (SAWP) hires.

TFWP rules changed often between 2024 and 2026, and some changes are temporary. Where we give a rule, it is what the official page said when we checked on 4 or 5 November 2026. Where a rule is changing or we could not confirm it, we say so and point you to canada.ca. Always check the current page on the day you apply.

Seasonal employees and employment standards

A seasonal employee is hired for a period tied to the time of year, such as a harvest, a fishing season or a summer tourist season. Seasonal work is still employment. The worker is covered by your province's employment standards from the first hour, whether they work 3 weeks or 8 months, and whether they are Canadian or a temporary foreign worker.

Put the terms in writing

Write down the start date, the expected end date, the pay rate, how often you pay, the usual hours, and what happens if the season ends early or runs late. Staffkin's free seasonal offer letter template has fields for each of these. Ontario requires employers to give new hires their basic terms in writing before the first day (since 1 July 2025), and the TFWP requires a signed employment agreement for foreign workers (see section 6). A clear letter also helps you and the worker agree on what "the end of the season" means.

Hours and overtime

Overtime thresholds differ a lot by province. A few examples from official pages (checked 7 October 2026):

Where Overtime starts after
Nova Scotia 48 hours a week (44 hours from 1 April 2027)
New Brunswick 44 hours a week (paid at 1.5 times the minimum wage)
Prince Edward Island 44 hours a week
Ontario 44 hours a week
British Columbia 8 hours a day or 40 a week
Alberta 8 hours a day or 44 a week, whichever is greater

Check the rules for farm work. Hours of work and overtime rules can be different for farm work, and the details depend on the province and the exact tasks. Don't assume an exemption applies to your business because the work is seasonal; ask your province's employment standards office about your type of work. Many managers, supervisors and some other roles are also excluded from overtime, and those exclusions differ by province too. Our employment standards page has the full table.

Vacation pay

Seasonal employees usually leave before they take vacation time, so most get vacation pay: a percentage of their wages paid out on their pay cheques or at the end of the season. The minimum in most provinces is 4% for newer employees; Saskatchewan's minimum is 5.77% (3 weeks). Which earnings count toward vacation pay differs by province.

Example: Priya runs a 12-person U-pick and farm market near Wolfville, Nova Scotia. Sam, a student, earns $9,000.00 over the summer. At 4%, Sam's vacation pay is $360.00, paid no later than the province's final pay deadline.

Public holidays

The number of paid public holidays ranges from 6 (Nova Scotia, Newfoundland and Labrador) to 11 (British Columbia and the territories). Each province sets its own rules on who qualifies for holiday pay. Short-term seasonal workers may or may not qualify, so check the rule for the holidays that fall in your season.

Layoff, recall and the end of the season

If you stop work for a few weeks (a wet spell, a plant shutdown) and plan to bring people back, that may be a temporary layoff. Ask your province how long a layoff can last before it counts as ending the employment, because ending employment can mean written notice or pay in lieu of notice is owed. Fixed-term and seasonal arrangements are treated differently in each province when they end. Check your province's rules before the season ends, and put your recall plans in writing.

The ROE matters to your workers

When the season ends, each employee who has 7 consecutive days with no work and no insurable earnings needs a Record of Employment. Service Canada uses the ROE to decide whether the person gets Employment Insurance (EI) and how much. A late or wrong ROE can delay a seasonal worker's EI. Section 12 has the deadlines.

How the foreign worker programs fit seasonal employers

Before you start, work out which stream fits the job. The stream sets the advertising you must do, the wage you must pay, the housing and travel you must provide, and how long the worker can stay.

Streams under the Temporary Foreign Worker Program (LMIA required)

Stream Who it fits Key points (checked 4 November 2026)
Seasonal Agricultural Worker Program (SAWP) Farms in on-farm primary agriculture producing a commodity on the national commodities list Workers must be citizens of Mexico or one of the 11 participating Caribbean countries: Anguilla, Antigua and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, and Trinidad and Tobago. Up to 8 months, between 1 January and 15 December. At least 240 hours of work in 6 weeks or less. Workers are recruited by the governments of the participating countries.
Agricultural Stream Farms producing a commodity on the national commodities list, hiring from any country Housing must be provided. Round-trip travel paid by the employer. Wages set using the agricultural stream's own method.
Low-wage positions Jobs paying below the wage threshold for your province or territory Refusal to process in some census metropolitan areas, a cap on the share of low-wage foreign workers, a maximum employment duration of 1 year, 8 weeks of advertising. See below.
High-wage positions Jobs paying at or above the threshold for your province or territory At least 4 weeks of advertising and, in most cases, a transition plan. You can request an employment duration of up to 3 years.

The wage threshold that separates low-wage from high-wage positions is the median hourly wage in your province or territory plus 20%. ESDC publishes the figures on its page "Hire a temporary foreign worker in a high-wage or low-wage position" and updates them from time to time. Compare the wage you are offering with the threshold: below it, you apply for a low-wage position; at or above it, for a high-wage position. Some examples:

Where Wage threshold for LMIA applications received from 17 July 2026
Quebec $36.00 an hour
Ontario $36.92 an hour
Alberta $37.50 an hour
British Columbia $38.40 an hour
Nunavut $45.00 an hour
Yukon $45.60 an hour
Northwest Territories $48.00 an hour

For other provinces, look up the figure on the ESDC page on the day you apply.

Low-wage rules that changed from 2024

These rules are the ones most likely to affect tourism, hospitality, landscaping and fish plant employers.

  • Refusal to process. Since 26 September 2024, ESDC has refused to process low-wage LMIA applications for jobs in census metropolitan areas (CMAs) with an unemployment rate of 6% or higher. The refusal applies to seasonal and non-seasonal low-wage positions alike. The exceptions include the primary agriculture stream, food manufacturing (NAICS 311), construction (NAICS 23) and health care (NAICS 622 and 623). If you process fish or seafood, confirm which industry code your business falls under. Unemployment rates change, so check the current list of affected CMAs on the day you apply.
  • Cap on low-wage workers. In 2024 the cap on the share of an employer's workforce that can be low-wage foreign workers was cut from 20% to 10%. Employers in health care, construction and food processing keep a 20% cap. Seasonal low-wage positions that last 270 days or less are exempt from the cap. ESDC said in March 2026 that this exemption continues to help seasonal sectors such as fish and seafood processing and tourism.
  • Temporary rural measures (1 April 2026 to 31 March 2027). In provinces and territories that take part, employers outside CMAs can keep their current number of low-wage foreign workers and have a cap of 15% instead of 10%. When we checked, the official page said Ontario and Nunavut are not taking part and Prince Edward Island's status was to be determined. Applications submitted before your province's measures took effect don't qualify.
  • Shorter duration. In 2024 the maximum employment duration you can request for a low-wage position was cut from 2 years to 1 year. The Agricultural Stream overview still allows low-wage agricultural employers to request up to 2 years.
  • Stricter review in some sectors. ESDC said in July 2026 that higher-risk sectors, including retail, food services, accommodation and trucking, get stricter reviews.

The International Mobility Program (no LMIA)

Some workers can work for you without an LMIA because their work permit comes through the IMP. Before you hire, look at the worker's actual permit and check that it allows the job, the location and the dates you need. If it does, you don't apply to ESDC, but you still have employer obligations: IRCC's "Hire a worker without an LMIA" pages set out what to do after you hire, including keeping records for 6 years. Check those pages for the type of permit in front of you.

For example, participants in the Working Holiday category of International Experience Canada (IEC) have open work permits. IRCC says there are no special steps to hire someone with an open work permit: you follow your usual hiring process, and you don't submit an offer of employment or pay the employer compliance fee. An open work permit can't be used to work for an employer on IRCC's list of non-compliant employers, or for a business that regularly offers striptease, erotic dance, escort services or erotic massages. IEC's Young Professionals and International Co-op (Internship) categories use employer-specific permits, so the steps are different.

The Recognized Employer Pilot

ESDC's Recognized Employer Pilot stopped accepting new employers on 16 September 2024. Employers already recognized under the pilot can get LMIAs valid for up to 36 months. If you are not already in the pilot, it isn't an option for you.

Before you apply: recruitment, advertising and wages

ESDC wants to see that you tried to hire Canadians and permanent residents first, and that you will pay the wage the program requires. For low-wage jobs the advertising alone takes at least 8 weeks, so plan this step well before you need workers.

Advertising for low-wage positions

For low-wage positions, the official requirements page (checked 4 November 2026) says:

  • Advertise on Job Bank. If you use another site or method instead, you must give a written reason.
  • The ad must run for at least 8 consecutive weeks within the 3 months before you submit the LMIA application. This went up from 4 weeks.
  • Do at least 3 recruitment activities, and keep at least 1 of them going until ESDC issues a decision on your application.
  • Invite to apply every job seeker Job Bank's Job Match service matches to your ad in the first 30 days who is rated 2 stars or more.
  • Show efforts to reach and encourage youth aged 15 to 30 to apply.

Service Canada reviews your recruitment activities right up to its decision.

Advertising for agricultural streams

The SAWP and the Agricultural Stream have their own, shorter advertising minimums for primary agriculture. The SAWP recruitment page says to advertise on Job Bank (or the provincial counterpart in British Columbia, Quebec or Saskatchewan), and ESDC's "variations to minimum advertising requirements" page also sets a minimum for primary agriculture. The two pages gave different lengths when we checked, so confirm the current minimum on canada.ca before your ad goes up.

Your ad must include your operating name, business address, job title, duties, terms of employment, wage and contact details. Leave Job Bank's Direct Apply on and consider those applicants: the SAWP page warns that turning it off, or ignoring those applicants, may mean you haven't met the recruitment requirement.

High-wage positions

For high-wage positions, the ad must run for at least 4 consecutive weeks within the 3 months before you submit the LMIA application, and at least 1 of your 3 recruitment activities must continue until ESDC issues a decision. You must also submit a transition plan: a plan describing what you will do to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the program. A few positions are exempt from the transition plan, such as jobs limited to 2 years or less where moving the job to a Canadian isn't reasonably expected. Check the high-wage requirements page for the current exemptions.

Wages

You must offer a set wage rate and pay it for the whole period. Each stream has its own wage rule; for the Agricultural Stream, ESDC uses the national commodities list wage method. For low-wage and high-wage positions, you must pay at least the prevailing wage: the median wage on Job Bank for the occupation in the economic region where the work is done. If Job Bank shows no median for your region, use the provincial or territorial wage, and if that isn't available, the national wage. Job Bank updates its wages every fall, and employers have until 1 January of the next year to review the wages of the foreign workers they employ. You also pay at least your provincial minimum wage, and you pay the same overtime and vacation pay you would pay anyone else. ESDC's wage rules and figures change, so look up the wage for your occupation and area on canada.ca and Job Bank when you prepare the application.

Get the job details right first

ESDC classifies every job by its National Occupational Classification (NOC) code. Pick the code that matches the real duties, and write a job description that matches the code. Staffkin's free job descriptions can help you write clear duties. The duties, wage and hours in your ad, your LMIA application and your employment agreement should all match.

Keep proof

Save screenshots or copies of every ad with the dates it ran, the Job Bank invitations you sent, a list of applicants and why each was or wasn't hired. The SAWP page says to keep records of your recruitment efforts for at least 6 years.

Applying for the LMIA

Once your advertising is done (and while at least 1 recruitment activity continues, for low-wage positions), you apply to Service Canada for the LMIA.

What the application covers

Each stream has its own application form and checklist on canada.ca. In general you will need to show:

  • that your business is real and active, and that the job is genuine;
  • the job title, NOC code, duties, wage, hours and location, which must match your ads;
  • your recruitment efforts and results;
  • for low-wage positions, the share of your workforce that would be low-wage foreign workers, so ESDC can check the cap;
  • for the SAWP, proof that the housing has been inspected (see section 7); and
  • the employment agreement or the stream's standard contract.

Check the refusal-to-process list on the day you apply

If the job is a low-wage position in a census metropolitan area, check the current list of CMAs where ESDC refuses to process low-wage applications. If your CMA is on the list and your sector isn't exempt, ESDC won't process the application. If you are outside a CMA, check whether your province takes part in the temporary rural measures that run until 31 March 2027.

Fees

The LMIA processing fee is $1,000.00 for each position you request. Positions in primary agriculture, including the SAWP and the Agricultural Stream, are exempt. The fee is not refunded if you withdraw the application, if it is cancelled, or if the LMIA is negative. You may not pass recruitment fees to the worker (section 8), so don't take any application cost out of a worker's pay.

Timing

Check the current processing time for your stream on canada.ca. For seasonal work, count back from your first day of work: the advertising period, the processing time, the worker's work permit application and travel all have to fit before the season starts.

If the application is refused

Read the reasons carefully. Recruitment that falls short of the minimum, a wage below the required rate, or job details that don't match between documents are all things you can check before you apply. If you apply again, you may need to advertise again so that your ads fall inside the required window.

After approval: the work permit and the employment agreement

A positive LMIA is not a work permit. It lets the worker apply to IRCC for one. Since 1 May 2024, a positive LMIA is valid for 6 months after it is issued (it used to be 12 months), so make sure the worker applies for the work permit within that time.

The worker applies for a work permit

Send the worker a copy of your positive LMIA decision and your job offer. The worker applies to IRCC for a work permit (IRCC's Guide 5487 covers applying from outside Canada). An employer-specific work permit names the employer and sets out conditions such as the job and location; the worker may only work under those conditions.

For SAWP workers, the governments of Mexico and the participating Caribbean countries recruit and select the workers, and you work through the program's process with them. You cannot use a private recruiter to select SAWP workers.

When the worker arrives, read the work permit. Check the employer name, occupation, location and end date. If anything is wrong, contact IRCC before the worker starts.

The employment agreement

For the TFWP, the employment agreement is a legal requirement, not paperwork for its own sake. The official pages (checked 4 November 2026) say:

  • The agreement must be signed by you and the worker on or before the first day of work, and you must give the worker a signed copy.
  • It must state the job details, the wages (including overtime) and the working conditions, such as hours and vacation, and these must match the job offer and the LMIA.
  • The low-wage stream has a standard employment contract form (Annex 2) on canada.ca. The SAWP uses the contract for the worker's country, either the Mexico contract or the Commonwealth Caribbean contract.
  • The worker must be your employee, in the employer-employee relationship your LMIA describes. Treating the worker as an independent contractor is not allowed.

Write the agreement in a language the worker understands, and give the worker time to read it. If you have Canadian seasonal staff in the same job, use the same terms for both groups unless a program rule requires something extra (for example housing or travel).

Before the first day

Plan the arrival: who meets the worker, how they get from the airport to your location, where they sleep the first night, and when they start work. Arrange health insurance to start on the first day of work where it is required (section 7). Collect the worker's Social Insurance Number once they have one, and set up payroll with all the usual deductions: income tax, Canada Pension Plan (or Quebec Pension Plan) contributions and EI premiums. Staffkin's onboarding checklist is a good base; add the TFWP items from the checklist below.

When workers arrive: housing, travel, health coverage and safety

The first week sets the tone for the season and is where many program obligations start.

Housing

Stream Housing rule (checked 4 November 2026)
SAWP You must provide housing that is adequate, suitable and affordable as defined by the Canada Mortgage and Housing Corporation (CMHC). You need proof that the on-farm or off-site housing was inspected by the provincial, territorial or municipal authority, or by a certified private inspector, within the 8 months before Service Canada receives your LMIA application. The report must state the maximum number of workers per unit, and you must not exceed it. In British Columbia, use the British Columbia Agriculture Council (BCAC) housing inspection form and a BCAC-sanctioned inspector.
Agricultural Stream You must provide adequate, suitable and affordable housing (CMHC definition). For on-farm housing, you may deduct no more than $30.00 a week from the worker's wages (pro-rated for partial weeks), unless your province sets a lower amount. For off-site housing in certain occupations, rent is limited to a share of the worker's gross monthly earnings, and where you lease a unit the rent is split equally among the workers. If a worker chooses private housing, you must still keep your housing available.
Low-wage positions You must make sure adequate, suitable and affordable housing is available to the worker. Rules limit what you may charge or deduct; check the current rule on canada.ca.

Inspect the housing yourself before workers arrive: beds, heat, water, cooking, washrooms, laundry and fire safety. Fix problems before the inspector finds them.

Travel

  • Low-wage and Agricultural Stream: you pay round-trip transportation between the worker's home country and your workplace, and you may not recover that cost from the worker. In the Agricultural Stream you pay up front and keep travel receipts for at least 6 years.
  • Agricultural Stream: where it is needed, you also provide free local transport between the housing and the worksite.
  • SAWP: you arrange and pay for the worker's round-trip transportation. The contract for the worker's country sets the detailed rules on travel, so read it before the season.
  • High-wage positions: check the current rule for your stream.

Health coverage

A foreign worker may not be covered by provincial health insurance from the day they arrive. For low-wage positions, in provinces and territories where this applies, for any period the worker is not covered by the provincial or territorial plan you must buy and pay for private health insurance that covers emergency medical care, starting on the worker's first day of work in Canada. You may not recover the cost from the worker. Check when provincial coverage starts for your workers, and the rule for your stream.

You must also make reasonable efforts to give the worker access to health care if they are injured or become ill at work. In practice: know where the nearest clinic and hospital are, be ready to drive the worker there, and don't stand in the way of a visit.

Ask your provincial workers' compensation board how your foreign workers are covered and how to report an injury, and include their wages when you estimate premiums (Staffkin's WCB premium calculator can help).

Safety training they understand

Your provincial occupational health and safety law sets the training and supervision you owe every worker. Give that training in a way the worker understands: in their language if possible, with demonstrations, and with written rules translated where you can. Cover machinery, chemicals and pesticides, heat and sun, lifting, knives and cold rooms, and how to refuse unsafe work. Keep a record of who was trained, on what, and when.

Information about their rights

On or before the first day of work, you must make sure each TFWP worker gets the most recent information about their rights in Canada, in the official language they choose (English or French). ESDC publishes this information on its page "Temporary foreign workers: Your rights are protected". Download the current version on canada.ca each season instead of reusing an old copy.

During employment: your ongoing obligations

Once the worker starts, you must keep to everything you promised in the LMIA and the employment agreement, and follow every federal and provincial law that applies to you as an employer.

Pay the wage and keep the conditions you promised

Keep the job, the wage and the working conditions consistent with the job offer and LMIA. Pay at least the LMIA wage for all hours worked, pay overtime and vacation pay under your provincial rules, and give the worker the pay statement your province requires. If you give a raise to Canadians doing the same job, consider whether the foreign worker should get it too: they are protected by the same labour laws.

Don't move a worker to a different job or location than the one on their work permit. If you need to change the job, check with ESDC and IRCC first.

No recruitment fees

You may not charge a foreign worker, or recover from them, fees related to their recruitment. This includes taking the money back through pay deductions. Since 2022 you must also make sure that any recruiter acting for you doesn't charge or recover these fees from the worker, directly or indirectly. The worker still pays their own fees for visas and work permits. If you use a recruiter, get a written promise that the recruiter won't charge the worker, and check with your workers that no one asked them for a fee. Nova Scotia's employment rules also say employers must not charge workers recruitment fees.

Don't keep their documents

You may not take or keep a worker's passport, work permit or other identification, even "for safekeeping". If a worker asks you to store something, give them a way to lock it up themselves.

A workplace free of abuse

You must make reasonable efforts to provide a workplace that is free of abuse. The TFWP's definition of abuse covers physical, sexual, psychological and financial abuse, and it includes reprisal: punishing a worker for raising a concern, cooperating with an inspection or contacting the authorities. Practical steps include:

  • a written harassment and abuse policy, explained to workers in a language they understand;
  • a way to raise a concern with someone other than their direct supervisor;
  • prompt, fair handling of complaints; and
  • supervisors trained not to threaten workers with being sent home, losing their permit or losing future seasons.

Deductions

Take only the deductions the law and the program allow: income tax, CPP or QPP, EI, and items your stream specifically permits (such as the capped on-farm housing deduction in the Agricultural Stream). Show each deduction on the pay statement. Provincial rules on deductions also apply.

When something changes

If something changes (you sell the business, your season is cut short, a worker leaves early), read your stream's rules on what to report and check with Service Canada before you act.

Same treatment as everyone else

A temporary foreign worker is entitled to the same public holidays, breaks, overtime, leaves and safety protections as your other employees in the province. Human rights law protects them too. If you treat them differently from Canadian staff, you need a program rule that requires it, such as housing.

Provincial recruiter and employer registration rules

The federal program is only part of the picture. Your province may have its own rules about recruiting foreign workers, for example on whether recruiters need a provincial licence, whether employers must register with the province before recruiting, and what fees can be charged.

What we could confirm

From the official provincial pages (checked 5 November 2026):

Province What employers must do Recruiters
British Columbia Get a certificate of registration under the Temporary Foreign Worker Protection Act before you recruit a foreign worker. A certificate can be valid for up to 3 years, and the province keeps a public registry. Keep a written contract for each worker. Recruiters must be licensed in British Columbia, even if their business is outside the province. Using an unlicensed recruiter can put your registration at risk.
Alberta You may not recover the cost of using an employment agency from the worker, including through pay deductions. Employment agencies need a provincial licence to recruit for an Alberta employer, even if they recruit outside Alberta, and may not charge job seekers a fee for finding them work.
Saskatchewan Get a certificate of registration if you employ foreign workers on employer-specific work permits or recruit through the Saskatchewan Immigrant Nominee Program. It isn't needed for workers with open work permits. The rules are in The Immigration Services Act, which replaced The Foreign Worker Recruitment and Immigration Services Act on 1 July 2024. You don't have to use a recruiter, but if you do, they must be licensed by Saskatchewan.
Manitoba Register with Employment Standards under The Worker Recruitment and Protection Act before you recruit a foreign worker. Hiring a Manitoba provincial nominee is exempt. Recruiters need a licence from Employment Standards. Use a licensed recruiter unless an exception applies; if you use an unlicensed one, you can be liable for fees charged to the worker.
Ontario Check with the province about your own obligations. Recruiters need a licence to operate (since 1 July 2024), even if they are outside Ontario. Under the Employment Protection for Foreign Nationals Act, 2009, recruiters may not charge a foreign national any fee.
Quebec Make sure any recruitment agency you use holds a valid CNESST licence (the CNESST keeps a public register). Agencies that recruit temporary foreign workers need a licence from the CNESST and may not charge workers recruitment fees, except those a Canadian program allows.
New Brunswick Register with the Registry of Employers of Foreign Workers under the Employment Standards Act if you recruit foreign workers or use someone to recruit them. There is no fee, and you renew every year. You may not recover ineligible recruitment costs from the worker. We could not confirm a provincial licence for recruiters.
Nova Scotia Get an employer registration certificate from the Director of Labour Standards before you recruit a foreign worker. There is no fee, and it is valid for 1 year. Some employers and jobs are exempt. Employers must not charge workers recruitment fees. If you use a third-party recruiter, they must hold a Nova Scotia licence, with limited exceptions. If you do your own recruiting, you don't need a licence.
Prince Edward Island Employer registration is planned under the Temporary Foreign Worker Protection Act but had not started when we checked. Check the current status. Recruiters need a provincial licence, even if they are licensed in another province. Employers may not use an unlicensed recruiter unless the recruiter is exempt.

We did not check Newfoundland and Labrador or the territories. Ask your provincial or territorial office about them.

What to do

Before you recruit a foreign worker, or sign up with a recruiter, contact your province's labour or immigration office and ask:

  1. Do I need to register with the province before I recruit a foreign worker, and is my registration current?
  2. Does the recruiter I plan to use need a provincial licence, and how can I check it?
  3. What fees, if any, may a recruiter charge me, and are workers protected from fees?
  4. Are there provincial rules about housing, deductions or contracts for foreign workers?

Ask for the answers in writing, or note the date and the name of the person you spoke with, and keep the record with your TFWP file.

Using a recruiter

A recruiter can help you find workers, but you remain responsible for meeting the program conditions. Choose a recruiter who:

  • can show a provincial licence where your province requires one;
  • confirms in writing that they won't charge the worker any fee;
  • gives you copies of everything they tell candidates about the job, wage and housing; and
  • doesn't promise workers things you haven't agreed to, such as permanent residence.

For the SAWP, you don't use a private recruiter to select workers; the participating countries do that.

Records to keep and for how long

Records are your proof during a compliance inspection. ESDC and IRCC can look at how you treated a worker for up to 6 years after the worker started, so keep TFWP records for at least 6 years. IRCC's guidance counts the 6 years from the first day of the period of employment for which the work permit was issued; one ESDC page counts from the date the work permit was issued. To be safe, count from the later of the two dates and check the current wording on canada.ca.

What to keep for foreign workers

  • Your LMIA application, the decision letter and any correspondence with Service Canada.
  • Every job ad, with dates and where it ran, Job Bank invitations, applicant lists and your reasons for each hiring decision.
  • The signed employment agreement and any changes to it.
  • Proof the worker received the information about their rights, and the date.
  • Payroll records: hours worked each day, wages, overtime, vacation pay, deductions and pay statements.
  • Travel receipts for round-trip transportation (the Agricultural Stream page specifically requires these for at least 6 years).
  • Housing inspection reports and any repairs.
  • The health insurance policy and proof you paid for it.
  • Safety training records.
  • Any complaint, how you handled it and what you decided.
  • Copies of each worker's work permit and the dates they worked.

What to keep for every employee

Provincial payroll record periods differ. These are the ones we could confirm (checked 7 October 2026):

Where Record How long
British Columbia Payroll records 4 years
Newfoundland and Labrador Payroll records 4 years from the last entry
Prince Edward Island Employment records 36 months after the employee last works
Saskatchewan Employment records The most recent 5 years of employment, plus 2 years after the employee leaves
Nunavut Payroll records At least 2 years after they are made
Federal (ROE) Your copy of each ROE 6 years

For other provinces, check with your employment standards office. If you hire foreign workers, the 6-year TFWP period will usually be the longest, so it is simplest to keep everyone's records for 6 years.

Staffkin's HR Suite employee records module stores profiles, documents and job history in one place.

Compliance inspections and penalties

ESDC (for LMIA-based permits) and IRCC (for IMP permits) inspect employers to check that they met the conditions. You can be inspected while workers are with you or after they have left.

What an inspection looks like

Inspections can be on-site or virtual, and announced or unannounced. An inspector asks for documents and information. You, or someone you designate, must take part in the inspection, answer questions and provide the documents and information requested. Have the housing, payroll and worker files ready to show. Inspectors compare what actually happened with what you promised: the job, wage, hours, housing, travel, health insurance, the employment agreement and the information about rights.

If the inspector finds a possible problem, you get a formal chance to give more information showing you complied, or to justify what happened. Not taking part in the inspection, or not providing the documents you are asked for, is itself a reason for a finding of non-compliance.

Penalties

If you are found non-compliant, the consequences can include:

  • an administrative monetary penalty of $500 to $100,000 per violation, to a maximum of $1 million a year (the amount depends on factors such as how serious the violation is, your compliance history and the size of your business);
  • a temporary or permanent ban from hiring through the program; and
  • your business name published on IRCC's public list of employers found non-compliant, with the reason and any ban.

Fix problems as soon as you find them, and record what you did and when.

How to prepare

  • Keep a TFWP folder for each worker, with the records in section 10, from the first ad to the final ROE.
  • Make sure your payroll shows the LMIA wage was paid for all hours, and that overtime and vacation pay follow your provincial rules.
  • Compare your actual hours, duties and location with the LMIA and agreement once a month during the season.
  • Walk through the housing with a checklist at the start and middle of the season.
  • Make sure supervisors know that threatening or punishing a worker for raising a concern is a form of abuse under the program.
  • Name one person to handle any inspection request, and tell them where the records are.

Staffkin's Hollis tracks dates such as certification expiries and last days, so you know what is coming up.

End of season: final pay, ROE and return travel

The end of the season has firm deadlines for every employee, Canadian or foreign.

Final pay

Pay all wages, overtime and vacation pay owed by your province's deadline. Some examples (checked 7 October 2026):

Where Final pay is due
Nova Scotia Within 5 working days after the end of the pay period; vacation pay within 10 days
New Brunswick Wages on the next regular pay day; vacation pay and other amounts within 21 days of the last day
Prince Edward Island By the last day of the next pay period after employment ends, including vacation pay
Quebec Wages on the regular pay day; other amounts within 2 weeks
Ontario The later of 7 days after employment ends or the next regular pay day
Manitoba Within 10 business days of the last day worked
Saskatchewan Within 14 days of the last day
Alberta Within 10 days after the pay period ends, or 31 days after the last day worked
British Columbia 48 hours after the employer ends employment; 6 days after the employee quits

Other provinces are on our employment standards page. Pay foreign workers before they leave Canada wherever you can; once they are home, fixing a mistake is much harder.

Record of Employment

Issue a ROE when the employee has had, or is expected to have, 7 consecutive days with no work and no insurable earnings. Service Canada's deadlines:

  • Paper ROE: within 5 calendar days of the first day of the interruption, or the day you learn of it.
  • Electronic ROE, weekly, biweekly or semi-monthly pay: within 5 calendar days after the end of the pay period in which the interruption occurs.
  • Electronic ROE, monthly pay: the earlier of 5 calendar days after the end of the pay period, or 15 calendar days after the first day of the interruption.

Keep your copy for 6 years. Foreign workers pay EI premiums like everyone else, so they get a ROE too.

Example: Priya's last harvest day for Sam is Friday 9 October 2026. She pays every 2 weeks, and the pay period that includes Sam's last day ends on Saturday 17 October 2026. She files Sam's ROE electronically, so it is due by Thursday 22 October 2026. Choose the reason for issuing that matches the facts (the end of the season); ROE guidance from Service Canada lists the codes.

Return travel

For low-wage, Agricultural Stream and SAWP workers, you pay for the return trip home (section 7). Book flights early, confirm the worker's departure date matches their permit, and give them their final pay statement and ROE details before they leave. SAWP employment runs between 1 January and 15 December, and the Mexico SAWP contract says workers return home by 15 December unless there are extraordinary circumstances.

Close the file

Make sure the records in section 10 are complete. Note what went well and what to fix next year, especially advertising timing and housing. Staffkin's Hollis gives an exit checklist for each departure covering final pay timing, vacation pay owed and the ROE deadline.

Rules that are changing: check these on canada.ca

The TFWP has changed quickly since 2024. These points were either temporary or could not be confirmed on the official page when we checked on 4 and 5 November 2026. Look each one up on the day you apply.

  • Refusal-to-process areas: the list of CMAs where low-wage applications are refused, and the exempt sectors.
  • Cap on low-wage workers: the current percentage for your sector, how seasonal positions are treated, and whether your province takes part in the rural measures that end on 31 March 2027.
  • Wage thresholds: ESDC updates the threshold for each province; check the current figure, and the prevailing wage for your occupation and area on Job Bank.
  • Advertising minimums: the current rule for the SAWP and the Agricultural Stream.
  • LMIA fee and validity: the $1,000.00 fee per position and the 6-month validity were current when we checked.
  • Provincial registration and recruiter licensing in your province, especially in Prince Edward Island, where employer registration had not started yet.
  • Housing deductions for low-wage positions, and transportation rules for high-wage positions.

If a rule on canada.ca differs from this guide, follow canada.ca.

Questions

Do temporary foreign workers get the same employment standards as Canadian workers?

Yes. Your province's rules on minimum wage, overtime, vacation pay, public holidays and final pay apply to temporary foreign workers as they do to anyone else. The TFWP adds obligations on top, such as the LMIA wage, travel, housing and health insurance.

Can I hire a temporary foreign worker for a low-wage job in a city?

Possibly not. Since 26 September 2024, ESDC has refused to process low-wage LMIA applications in census metropolitan areas with unemployment of 6% or higher, with exceptions that include primary agriculture, construction and food manufacturing. Check the current list on canada.ca on the day you apply.

How long do I have to advertise before applying for a low-wage LMIA?

At least 8 consecutive weeks on Job Bank, within the 3 months before you apply, plus at least 3 recruitment activities with 1 still going until ESDC decides. Agricultural streams and high-wage positions have different minimums.

How much does an LMIA cost?

The processing fee is $1,000.00 for each position you request. Primary agriculture positions, including the Seasonal Agricultural Worker Program and the Agricultural Stream, are exempt. The fee isn't refunded if the LMIA is negative, and you may not recover it or any recruitment cost from the worker.

Can I hire someone on a working holiday without an LMIA?

Yes. Participants in International Experience Canada's Working Holiday category have open work permits, so you follow your usual hiring process, with no LMIA, offer of employment form or employer compliance fee. Check the worker's permit before they start.

How long is a positive LMIA valid?

Since 1 May 2024, 6 months after it is issued. The worker needs to apply for the work permit within that time.

Can I charge workers for their flights, housing or recruitment?

You may not charge or recover recruitment fees. For low-wage and Agricultural Stream positions you pay round-trip travel and can't recover it. Housing deductions are limited: in the Agricultural Stream, on-farm housing is capped at $30.00 a week unless your province sets less.

Can I hold onto a worker's passport for safekeeping?

No. Employers may not take or keep a worker's passport, work permit or other identification. If a worker wants a safe place for documents, give them a lockable space they control.

How long must I keep TFWP records?

At least 6 years. Inspectors can review how you treated a worker for up to 6 years after the worker started, so keep the LMIA, ads, agreement, payroll, travel receipts, housing reports and insurance records for that long.

What happens if an inspection finds a problem?

Penalties can reach $100,000 per violation, to a maximum of $1 million a year. You can also be banned from the program, temporarily or permanently, and your business name published on IRCC's list of non-compliant employers.

Do seasonal workers need a Record of Employment when the season ends?

Yes, once they have 7 consecutive days with no work and no insurable earnings. Service Canada uses the ROE to decide EI benefits, so a late ROE can delay a worker's claim.

Can a fish plant use the Seasonal Agricultural Worker Program?

No. The SAWP is for on-farm primary agriculture producing a commodity on the national commodities list. Fish and seafood processors use the low-wage or high-wage stream, depending on the wage. Food manufacturing has been exempt from the refusal to process and keeps a 20% cap.

Terms in this guide: Temporary Foreign Worker Program (TFWP) · LMIA · Seasonal Agricultural Worker Program (SAWP) · Employer-specific work permit · Open work permit · International Mobility Program · Recruitment fees and recruiter licensing · Seasonal employee · Fixed-term contract · Employment contract · NOC code · Job posting · Overtime · Hours of work · Vacation pay · Public holiday pay · Temporary layoff · Final pay · Record of Employment (ROE) · Interruption of earnings · Employment Insurance (EI) · Wage deductions · Pay statement (pay stub) · Workers' compensation (WCB) · Occupational health and safety act · Workplace harassment · Social Insurance Number (SIN)

Official sources

General information for Canadian employers, not legal or immigration advice. Temporary Foreign Worker Program rules change often; check the current requirements on canada.ca, and with your provincial employment standards office, before you act. Checked against official sources on 5 November 2026.

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