2024 amendments to the Seasonal Agricultural Worker Program employment contract with Mexico

The following sections and clauses of the Seasonal Agricultural Worker Program (SAWP) employment contract with Mexico have been amended for the 2024 season:

1. Section 1: Scope and period of employment, clause 3

A paragraph was added to indicate that documentation reflecting the agreement between the employer and the worker for overtime hours of work should be kept for 6 years following the period of employment.

2. Section 2: Lodging, meals and rest periods, part A, clause 2

This clause was modified to indicate that accommodations with laundry facilities must also be equipped with dryers.

This clause was modified to indicate that where accommodations require paid laundry facilities, the employer is responsible to provide the worker with a weekly amount ($16.00/week) towards laundry costs or provide once-a-week laundry service.

3. Section 2: Lodging, meals and rest periods, part A, clause 3

This section was separated from clause 2 to make a third clause. It indicates that if the living accommodations are not within the grounds of the farm, the employer must provide transportation to and from the workplace.

4. Section 2: Lodging, meals and rest periods, part A, clause 6

This amendment increases the amount that can be deducted in applicable provinces by employers for utility costs by 5.83% to $2.68 per day based on the consumer price index (CPI) methodology. The increase is based on the methodology used to update the utility deduction for the 2023 contract for employment. As of 2020, the CPI increases are based on 12 months rather than 6.

5. Section 2: Lodging, meals and rest periods, part A, clause 9

For British Columbia only, the permitted amount for the accommodation deduction increased by 6.03% to $5.68 per working day and is not to exceed $875.81 during the worker's stay in Canada.

6. Section 2: Lodging, meals and rest periods, part B, clause 10b

For provinces and territories except British Columbia, where the worker and the employer agree that the latter provides meals to the worker, the permitted amount for meal deduction increased by 5.59% and is not to exceed $6.86 per day.

7. Section 2: Lodging, meals and rest periods, part B, clause 12b

For British Columbia only, where the worker and the employer agree that the latter provides meals to the worker, the permitted amount for meal deduction increased by 6.03% to $6.36 per day for 1 meal, $9.54 per day for 2 meals and $12.72 per day for 3 meals.

8. Section 3: Payment of wages, clause 5

A sentence has been added to indicate the employer's obligation to adjust wages immediately to the new applicable provincial/territorial minimum wage rate should a change occur.

9. Section 3: Payment of wages, clause 6

The recognition payment has increased by 5.59% in Canada to $4.22 per week, to a maximum of $135.16.

10. Section 5: Health and safety of workers, clause 1

A sentence was included in the clause to clarify what is considered an acceptable insurance policy provided to the worker during their time of employment.

11. Section 6: Maintenance of work records and statement of earnings, clause 3

This new clause was added to ensure employers provide the T4 slip and Relevé 1 from the Province of Quebec, in a timely fashion, to the worker or whoever the worker designates within the respective deadline of February 28.

12. Section 7: Travel and reception arrangements, clause 5

The maximum airfare deductions were updated for the upcoming 2024 season. These deductions are updated each year based on the season's provincial airfare costs.

13. Section 8: Obligations of the employer, new clause 9

This new clause was added for the receiving employer with any remaining approved and unfilled named worker positions available, and/or the Fondation des entreprises en recrutement de main-d'oeuvre agricole étrangère (FERME), the Foreign Agricultural Resource Management Service (FARMS), the Western Agriculture Labour Initiative (WALI), to notify the government agent whether those positions will be fulfilled or should be withdrawn.

14. Section 8: Obligations of the employer, new clause 10

This new clause was added with the provision to have the employer provide a basic Internet service at the place of work and/or accommodation, when available.

15. Section 10: Early cessation of employment, clause 4

A sentence was added at the beginning of this clause stipulating that, for provinces and territories except British Columbia, the employer, in consultation with the government agent, should attempt to transfer the worker at the worker's request unless the provincial employment standards legislation requires an immediate removal of the worker.

16. Section 10: Early cessation of employment, clause 7

For British Columbia only, the employer, in consultation with the government agent, should attempt to transfer the worker at the worker's request unless the provincial employment standards legislation requires an immediate removal of the worker.

17. Section 11: Transfer of workers, clause 1c

This clause was modified to indicate that in addition to all parties agreeing to a transfer, the process must be documented.

18. Section 11: Transfer of workers, clause 3

At the time of transfer, in addition to providing an accurate record of earnings, and deductions up to the date of transfer, it was added that the transferring employer will provide the receiving employer with an accurate record of working hours accumulated to date.

19. Section 11: Transfer of workers, clause 4

This clause was modified to indicate that after a worker transfer is completed, the receiving employer and the transferred worker must sign a new SAWP employment contract.

20. Section 12: Miscellaneous, clause 2

Language of that clause has been reviewed. As this contract is a private contract signed by the worker, the employer and the source country government agent, its effect cannot extend to non-participating third party, such as the federal/provincial government. The language was updated to review and enforce the establishment of employment contracts, as such, any privacy disclosure requirements being imposed on the Government of Canada have been removed.