Overview

Many agri-food businesses use temporary help agencies or recruiters to fill temporary labour shortages.

Understand the rights and obligations that apply to:

  • agencies and recruiters
  • clients of agencies or recruiters
  • contract workers

Starting July 1, 2024, businesses are prohibited from knowingly engaging or using the services of an unlicensed agency or recruiter. Learn more about licensing for temporary help agencies.

Read the fine print

It’s important to read contracts in full before signing.

Make sure the contract clearly sets out all expectations regarding the services being provided (for example, number of contract workers, payment owing for those contract workers, etc.).

Know your workers

Find out what the workers know about farming and/or food processing and where they have worked previously. Verify their knowledge about farming and/or food processing equipment and hazards before they start work.

Ask the agency or recruiter how they hire their contract workers

The agency or recruiter should provide a list of names, addresses and telephone numbers of every contract worker.

Note: Under the Employment Standards Act, 2000, clients of an agency or recruiter must record the name of each employee assigned to perform work for the client in addition to the existing requirement to record the number of hours each assignment employee worked for them in each day and each week. These records must be retained for three years after the day or week to which the information relates.

Appropriate paperwork

Make sure contract workers have the appropriate paperwork (for example, photo identification, social insurance (SIN) card and, if applicable, a work permit). The agency or recruiter should agree to provide photocopies of the information for your review and records.

Workers with SIN cards starting with the number “9” are temporary workers who are neither Canadian citizens nor permanent residents of Canada. Ensure these workers also have a valid work permit (not expired, cancelled, or voided). This information can be accessed through the agency or recruiter you are working with. Review this information before the contract workers start at your business.

You can contact the Government of Canada’s Social Insurance Registration Office to confirm the SIN or work permit of a contract worker. You can reach the Office at 1-866-274-6627. You will need to provide:

  • your Canada Revenue Agency issued business number
  • correct information to authenticate your business
  • the SIN and/or work permit for the contract worker — this may include the name and date of birth for the contract worker

Ask the agency or recruiter to sign off that all contract workers have the appropriate paperwork pursuant to provincial and federal laws.

Know your agency or recruiter

Do your research

Start by looking at the agency or recruiter’s website. Read reviews and other websites or message boards. Talk to other businesses who have used the agency or recruiter. Look for recommendations and good reviews. Ensure they are licensed.

Contact information

Find out if the agency or recruiter has:

  • a brick-and-mortar office
  • easily accessible contact information

If an agency or recruiter is missing one (or both), it may be a “red flag” in terms of whether you want to engage the services of that agency or recruiter.

References

Find out who engaged them previously. Many agencies and recruiters post client lists on their website. If you can’t find a client list, simply ask. Agencies and recruiters should be willing to provide references.

Ask if the agency or recruiter is a member of a professional association. Associations generally have a code of ethics that their members need to follow, as well other industry standards that must be met. Look up the association’s code of ethics and contact the association to see if the agency or recruiter is a member in good standing.

Payment

Find out how the agency or recruiter pays its contract workers. Cash payments may be a “red flag.” If an agency or recruiter is trying to pay your workers in cash with no official receipt or paper trail, it could be a warning sign.

If an agency or recruiter asks for their fees to be paid in cash, ensure that payments are well documented and easy to reconcile.

On a regular basis or when requested, ask the agency or recruiter to provide copies of:

  • its time and payroll records
  • other appropriate proof workers have been paid the wages due to them

Worker recruitment

Find out where the agency or recruiter finds their workers.

Find out what training the agency or recruiter provides for their contract workers. Relevant topics may include:

  • health and safety awareness
  • working on farms or in food processing facilities
  • relevant hazards

Note: you still need to provide site-specific health and safety training for your business.

Workplace Safety and Insurance Board registration

Ask for a copy of the agency’s or recruiter’s Workplace Safety and Insurance Board (WSIB) clearance certificate or use the WSIB safety check feature. Businesses registered with WSIB will appear if searched.

Registration with the WSIB is not indicative of compliance with other requirements of the Workplace Safety and Insurance Act (WSIA), the Occupational Health and Safety Act (OHSA) or other provincial legislation.

The list does not constitute or imply any type of endorsement or recommendation of these agencies and recruiters by the Ministry of Labour, Immigration, Training and Skills Development or the WSIB.

Know your obligations

Business operators, including those using services of an agency or recruiter, are responsible for:

You may also want to review the following information before engaging the services of an agency or recruiter:

The information resources posted to our website have been provided to help employers and employees understand their basic rights and obligations. You should always review the official version of the legislation:

Disclaimer

Please note that the material provided on this webpage is for general purposes only. Although every reasonable effort has been made to ensure the content is up-to-date and complete, it should not be considered legal advice. OMAFRA is not responsible for any direct, indirect, special, incidental or consequential damage arising out of or in connection with reliance upon the information provided in these materials.