Specific obligations depending on the stream of the Temporary Foreign Worker Program

In addition to the employers’ general obligations to temporary foreign workers, obligations are added depending on the category of temporary position offered to the worker.

Duration of work and origin of workers

For seasonal agricultural workers, the proposed job must have a maximum duration of eight (8) months. The workers must leave Canadian territory no later than December 15.

Temporary foreign agricultural workers must be Mexico or one of the West Indian countries (Anguilla, Antigua-and Barbuda, Barbados, Dominica, Grenada, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Lucie, Saint Vincent and the Grenadines, Trinidad and Tobago).

For non-seasonal agricultural workers, the proposed job must have a maximum duration of 24 months. There is no requirement concerning the date of the workers’ departure from Canada.

Temporary foreign agricultural workers may be citizens of any country.

Wages

The wage of agricultural workers must be equal to or greater than:

• the minimum wage determined by the Gouvernement du Québec, depending on the sector of agricultural activities
• the minimum wage in force in Québec

The wage offered must never be lower than the minimum wage rate in force in Québec.

Other obligations

Your employer must:

• Verify if the worker has an exemption from the obligation to obtain a Québec Acceptance Certificate (CAQ)
• Submit a request for a Labour Market Impact Assessment, with all the vouchers, and pay the required fees
• Pay the fees required to review the application for temporary selection This obligation does not apply if the worker has an exemption from the obligation to obtain a Québec Acceptance Certificate (CAQ)

The employers who submit an application under this stream must comply with the requirements of the program .

The employer must:

• Verify if the worker has an exemption from the obligation to obtain a Québec Acceptance Certificate (CAQ)
• Submit a request for a Labour Market Impact Assessment, with all the vouchers, and pay the required fees This obligation does not apply if the employer is LMIA-exempt .

The employer may pay the fees for the review of the application for temporary selection of the temporary foreign worker, but is not obliged to do so.

The employer must:

• Verify if the worker has an exemption from the obligation to obtain a Québec Acceptance Certificate (CAQ)
• Submit a request for a Labour Market Impact Assessment, with all the vouchers, and pay the required fees
• Assume the transportation costs (return trip) The worker must be able to get to the workplace in Canada at the beginning of the employment period and return to the country of residence at the end of the employment period
• Offer the worker suitable and affordable housing. Otherwise, the employer must ensure such housing is made available to the worker.
• Provide the worker with free health insurance coverage equivalent to that of the Régie de l’assurance maladie du Québec (RAMQ). This obligation applies until the worker is entitled to RAMQ benefits.

The employer may pay the fees for the review of the application for temporary selection of the temporary foreign worker, but is not obliged to do so.

In addition to the obligations for low-wage positions, the employer must honour the following obligations to ensure decent living conditions for the workers:

• Provide them with all their meals
• Provide them with an individual room, adequately
  • Furnished
  • Heated
  • Ventilated and
  • Equipped with a safety latch in good condition
• Supply a key to their residence and the security code
• Pay them their wages according to the agreed frequency and honour their tax obligations
• Facilitate their access to French courses outside normal working hours
• Pay the transportation costs between their country or province of residence and their workplace (return trip), if this is part of their contract of employment

In addition, as of April 6, 2022, employers who hire a domestic worker for personal purposes must register with the Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST).

For more information, visit the CNESST's web page regarding Individuals who employs a domestic worker .

To find out more, please consult the document Travailleuse et travailleur domestique : La protection en cas d’accident du travail ou de maladie professionnelle et les normes du travail , prepared by the CNESST [In French Only].

The employer must give written notice to terminate the contract that binds the employer to the worker under this stream.

• After a work period of at least three months, the written notice must be at least one week before terminating the contract of employment.
• After a continuous work period of one year or more, the written notice must be given at least two weeks before the end of the contract.

The employer must also give written notice to the Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) and Employment and Social Development Canada (ESDC).

If you are a foreign researcher or expert, you may be granted a tax holiday from Québec personal income tax.

The objective of a tax holiday is to assist employers who have trouble hiring people with the required competencies in scientific research and experimental development in Québec or in the rest of Canada.

The eligible employer, within the prescribed deadlines, must submit an application for an Eligibility Certificate to the Ministère de l’Économie, de l’Innovation et des Exportations , addressing the Research, Science and Technology mission.

For more information, go to the section on the Tax holiday for foreign researchers .