Migrant agricultural workers living in employer-provided bunkhouses in Ontario are generally exempt from the standard protections of the Residential Tenancies Act (RTA). When their employment contract ends, they can be required to vacate the premises almost immediately, typically within 1 to 7 days, without the employer needing to wait months for a Landlord and Tenant Board (LTB) eviction order.
Ontario’s agricultural sector relies heavily on the hard work of international labourers brought in through the Seasonal Agricultural Worker Program (SAWP) and other temporary foreign worker streams. As part of these federal programs, farm owners are required to provide suitable housing for their staff, which often takes the form of on-site bunkhouses or communal living quarters. However, the legal relationship between the farm owner and the worker is fundamentally different from a traditional landlord-tenant relationship. 📝
When a standard tenancy goes wrong in Ontario, evicting a renter can take nearly a year due to massive backlogs at the Landlord and Tenant Board (LTB). But for agricultural employers, the rules are drastically different. Under Section 5(b) of the Residential Tenancies Act (RTA), living accommodations whose occupancy is conditional upon continuing to be employed on a farm are entirely exempt from the Act. This means the lengthy, highly protective standard eviction rules do not apply. This guide outlines the condensed timelines and legal realities for removing a migrant agricultural worker whose employment has been terminated. 🔍
Step-by-Step Process in Ontario
Whether your farm is located in Leamington, the Niagara region, or Windsor-areas with massive concentrations of agricultural workers-the process of terminating both employment and housing requires careful adherence to both federal program rules and provincial property laws. 📍
Step 1: Terminate the Employment Contract
Because the housing is inextricably linked to the job, the first legal step is the termination of employment. If a worker commits a serious breach of contract, such as violence, severe insubordination, or refusing to work, the employer can terminate the relationship.
Most agricultural employers in this province must ensure they follow the strict guidelines of the SAWP program when doing so. You must notify the worker’s government liaison (such as the Mexican or Jamaican consulate) and the federal government that the employment relationship has ended. Without a job, the worker’s legal right to occupy the employer-provided bunkhouse evaporates. 👨
Step 2: Issue a Notice to Vacate
Once employment is terminated, the employer must provide a clear, written notice to vacate the bunkhouse. Because the RTA does not apply, you do not use standard LTB forms like an N4 or N5.
Instead, the timeline to vacate is governed by the terms of the original employment contract or standard common law, which generally requires only “reasonable notice.” In the context of seasonal agricultural workers, reasonable notice is exceptionally short-often 24 to 48 hours, or the time it takes to arrange their transportation back home. ⏱
Step 3: Arrange Federal Repatriation
Under the rules of the Seasonal Agricultural Worker Program, employers cannot simply throw a migrant worker out onto the streets of rural Ontario. The employer is generally responsible for arranging and paying for the worker’s repatriation flight back to their home country.
The worker is expected to stay in the bunkhouse only until the earliest available flight is booked. The eviction timeline is effectively tied directly to the departure gate; the worker packs their belongings, the employer provides transport to the airport (like Toronto Pearson), and the housing is vacated. 💵
Step 4: Handling Refusals to Leave (Trespass)
If the worker refuses to leave the bunkhouse after their employment is terminated and their flight is booked, the situation escalates from a housing dispute to a trespassing issue.
Because the LTB has no jurisdiction, the employer does not need to hire a paralegal to file an eviction application. Instead, the employer can invoke the Ontario Trespass to Property Act. The employer can contact the local Ontario Provincial Police (OPP) or municipal police, explaining that the individual is a former employee who is now trespassing on private farm property. The police have the authority to remove the individual immediately. 🚨
How Much Does it Cost in Ontario?
Evicting a migrant worker under these specific employment exemptions avoids standard LTB tribunal costs, but triggers other unique expenses related to international labour laws. Here is what agricultural employers can expect in Canadian dollars:
- LTB Fees: There are no LTB filing fees ($0 CAD) because the Residential Tenancies Act does not apply to this specific housing arrangement.
- Repatriation Flight: The employer is usually required by the SAWP program to purchase a one-way commercial flight back to the worker’s home country, costing between $600 and $1,500 CAD depending on the destination and notice period.
- Legal/Consulting Fees: Hiring an employment law firm to ensure the termination complies with federal temporary foreign worker regulations typically costs $1,500 to $3,500+ CAD.
- Transportation: The employer must cover the cost of driving the worker from the farm to the international airport.
How Long Does the Process Take?
Unlike standard residential evictions in Ontario that can drag on for 8 to 12 months, removing an employee from an agricultural bunkhouse is extraordinarily fast.
Once the decision to terminate employment is made, the worker is usually required to vacate the premises within 1 to 7 days, aligning with the scheduling of their flight home. If the worker refuses to leave, police intervention under the Trespass to Property Act can resolve the physical removal within a matter of hours. 📅
Frequently Asked Questions (FAQ)
Does the Landlord and Tenant Board have any power here?
Generally, no. Section 5(b) of the Residential Tenancies Act exempts agricultural housing where occupancy is conditional on farm employment. The LTB will usually dismiss any application filed by either party for lack of jurisdiction.
Can the employer just change the locks on the bunkhouse?
If the RTA truly does not apply, commercial self-help remedies like changing locks may be legal after reasonable notice is given. However, doing so while the workers belongings are inside can trigger police involvement or complaints to the federal worker program, so involving the police for trespassing is the safer route.
What if the worker gets injured and cannot work?
If the worker is injured on the job, WSIB (Workplace Safety and Insurance Board) rules apply. The employer cannot simply fire and evict them for an active workplace injury without facing massive penalties and federal investigations.
Do migrant workers have to pay rent for the bunkhouse?
Under the SAWP program, employers are permitted to deduct a highly regulated, minimal amount from the workers weekly paycheque to cover housing and utilities, but this deduction does not convert the arrangement into a standard RTA tenancy.
Can the worker stay in Canada and find another farming job?
Migrant agricultural workers are usually tied to a closed work permit, meaning they can only legally work for the specific employer listed on their visa. If they are fired, they lose their legal status to work in Canada and must be repatriated, though open work permits for vulnerable workers exist in cases of severe abuse.
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