Information for Agriculture Workers and Employers - Submission Requirements
 

Please ensure steps 1 - 4 are completed before returning this package to the Employment Standards Branch. Failure to provide all information required could cause delays in acquiring your Farm Labour Contractor Licence.

  1. Complete the Farm Labour Contractor Licence Application. You can get an application from this website.
  2. Sign the Release of Information form and have it witnessed.
  3. Include payment of $150 licence fee.

If payment is by cheque, please make it payable to the Director of Employment Standards.

Section 9(2) of the Employment Standards Regulation states:

"Despite subsection 1(a), effective January 1, 2000, the director may issue a licence under this regulation for a 3-year term if the farm labour contractor
1. (a) renews its irrevocable letter of credit for each year of the term, and
2. (b) has not had a licence under this regulation cancelled by the director."

Therefore, if eligible, you can apply for a 3-year licence at a fee of $450.
  1. Include an ORIGINAL Bond or Irrevocable Letter(s) of Credit.

    To calculate the amount of your bond or letter of credit, multiply
    the minimum hourly wage by 80 hours (the "multiplier") and multiply the result
    by the number of employees specified in the licence:

    e.g. $8.75 (min. wage) x 80 (the multiplier) = 700 x 25 employees = $17,500.

    Important: You qualify for a reduced bond if you have not contravened any "core requirements" of the Employment Standards Act for one year or more.

    Core Requirements are:

    - Section 13(1) - farm labour contracts must be licensed
    - Section 17(1) - pay days
    - Section 28 - payroll records
    - Section 58 - vacation pay
    - Section 15 and 18(1) - minimum wage

    The bond requirement can be reduced as follows:

Period of non-contravention

Multiplier

1 year to less than 2 years

60

2 years to less than 3 years

40

3 years or more

20

Please ensure that the expiry date on your Letter of Credit is JUNE 30 of the coming year, or it contains an automatic renewal clause.

Note: If a three year licence is granted, your irrevocable letter of credit MUST be renewed on a yearly basis unless it is an automatic renewal.

The date of June 30 is required in accordance with Section 74 of the Employment Standards Act which allows an employee to file a complaint within 6 months after the last day of employment. Therefore, as a Farm Labour Contractor licence is valid to December 31 of the current year, the date of June 30 of the following year conforms to the Employment Standards Act and Regulation.

  1. Complete the written examination on the requirements of the Employment Standards Act and Regulation, answering at least 80% of the questions correctly.

  2. Provide copies of current Motor Vehicle Inspection Reports for any vehicles used for transporting workers.

    These vehicles must be inspected under the Commercial Vehicle Inspection Program and bear a valid certification of compliance. For further information see http://www.th.gov.bc.ca/CVSE/