By Olivia Parker
Asper Centre/Yaremko Fellow, Canadian Environmental Law Association
JD Candidate, 2027, University of Toronto, Faculty of Law
Following Oregon’s heat protection law could improve living conditions for Ontario’s outdoor agricultural workers.
A recently enacted Oregon law offers a promising example for law reform efforts aimed at protecting Ontario’s migrant agricultural workforce from the impacts of extreme heat in on-farm housing.
Currently, there are limited protections in place for migrant agricultural workers, especially in terms of housing. As of June 2025, there is no indoor maximum temperature limit for employer-provided migrant worker housing. With average temperatures across Canada continuing to rise, migrant workers need enforceable maximum temperature standards in place to keep them protected from heat-related illness in their homes. CELA recommends that the Canadian government look to the state of Oregon as an example to protect our migrant workforce from the impacts of extreme heat in housing. In early 2025, Oregon enacted OAR 437-004-1120 – Agricultural Labor Housing and Related Facilities. This administrative rule sets out a phased approach from 2025-2027 to introduce minimum living standards for migrant worker housing.
Notably, the rule has guidelines in place dealing with extreme heat in housing units. Oregon has adopted the following phased approach:
First, if the heat index outside the housing unit is at or above 80˚F (~26.7˚C), and the sleeping areas cannot be kept below 78˚F (~25.6˚C), the employer must provide the employees with a cooling area able to fit at least 50% of the occupants that is maintained at or below 78˚F (~25.6˚C). Furthermore, employers must optimize cooling in the unit by shielding windows from direct sunlight and providing fans free of charge to employees.
Second, as of January 1, 2027, sleeping areas must be capable of being maintained at a temperature below 78˚F (~25.6˚C) if the outdoor temperature is between 80-95˚F (~26.7˚C – 35 ˚C).
However, if the outdoor temperature exceeds 95˚F (35˚C), the temperature inside the sleeping areas must be 15 ˚F lower than the outdoor heat index. In the context of Canadian migrant agricultural workers, CELA recommends maintaining a health-based maximum indoor temperature standard of approximately 26 degrees Celsius indoors. Increasing the maximum allowable temperature in the housing units as the outdoor heat index increases makes the standard less protective as it gets hotter outside.
Furthermore, employers must place a thermometer in each individual housing unit, and are encouraged to also provide a device which measures humidity so that workers are aware of the temperature in their unit.
CELA recommends that the Federal government follow Oregon’s example and create a maximum indoor temperature standard of 26 ˚C for all employer-provided housing for migrant agricultural workers. The Oregon law is an overall positive model which the Federal government should follow in order to protect our migrant agricultural workforce from the increasing risks of heat.
Blog: Oregon Statute a Model for Migrant Worker Protection in Ontario
By Olivia Parker
Asper Centre/Yaremko Fellow, Canadian Environmental Law Association
JD Candidate, 2027, University of Toronto, Faculty of Law
Following Oregon’s heat protection law could improve living conditions for Ontario’s outdoor agricultural workers.
A recently enacted Oregon law offers a promising example for law reform efforts aimed at protecting Ontario’s migrant agricultural workforce from the impacts of extreme heat in on-farm housing.
Currently, there are limited protections in place for migrant agricultural workers, especially in terms of housing. As of June 2025, there is no indoor maximum temperature limit for employer-provided migrant worker housing. With average temperatures across Canada continuing to rise, migrant workers need enforceable maximum temperature standards in place to keep them protected from heat-related illness in their homes. CELA recommends that the Canadian government look to the state of Oregon as an example to protect our migrant workforce from the impacts of extreme heat in housing. In early 2025, Oregon enacted OAR 437-004-1120 – Agricultural Labor Housing and Related Facilities. This administrative rule sets out a phased approach from 2025-2027 to introduce minimum living standards for migrant worker housing.
Notably, the rule has guidelines in place dealing with extreme heat in housing units. Oregon has adopted the following phased approach:
First, if the heat index outside the housing unit is at or above 80˚F (~26.7˚C), and the sleeping areas cannot be kept below 78˚F (~25.6˚C), the employer must provide the employees with a cooling area able to fit at least 50% of the occupants that is maintained at or below 78˚F (~25.6˚C). Furthermore, employers must optimize cooling in the unit by shielding windows from direct sunlight and providing fans free of charge to employees.
Second, as of January 1, 2027, sleeping areas must be capable of being maintained at a temperature below 78˚F (~25.6˚C) if the outdoor temperature is between 80-95˚F (~26.7˚C – 35 ˚C).
However, if the outdoor temperature exceeds 95˚F (35˚C), the temperature inside the sleeping areas must be 15 ˚F lower than the outdoor heat index. In the context of Canadian migrant agricultural workers, CELA recommends maintaining a health-based maximum indoor temperature standard of approximately 26 degrees Celsius indoors. Increasing the maximum allowable temperature in the housing units as the outdoor heat index increases makes the standard less protective as it gets hotter outside.
Furthermore, employers must place a thermometer in each individual housing unit, and are encouraged to also provide a device which measures humidity so that workers are aware of the temperature in their unit.
CELA recommends that the Federal government follow Oregon’s example and create a maximum indoor temperature standard of 26 ˚C for all employer-provided housing for migrant agricultural workers. The Oregon law is an overall positive model which the Federal government should follow in order to protect our migrant agricultural workforce from the increasing risks of heat.
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