Changes to the Live-in Caregiver Program
Employers of foreign live-in caregivers are now responsible for paying for their caregiver’s health insurance at no cost to the caregiver until he/she becomes eligible for provincial health coverage. Employers are not permitted to recoup these costs from live-in caregivers.
Employers of foreign live-in caregivers are now required to enrol their caregivers in provincial workplace safety insurance (also known as worker’s compensation) or comparable insurance if the former is not available. This must be done at no cost to the caregiver. Employers are not permitted to recoup these costs from live-in caregivers.
Recruitment and Third Party Fees
Employers who wish to use a recruitment agency or third party agency to hire a foreign live-in caregiver must pay for all the services provided by the agency or third party, and must pay all fees and costs associated with such a recruitment or third party agency. Employers are not permitted to recoup recruitment fees or other costs associated with the use of such an agency or third party from the caregivers.
Employers of foreign live-in caregivers are required to pay the transportation costs for bringing their caregivers to Canada. In the instance where foreign caregivers are already in Canada, employers are responsible for paying to relocate them to the location of work (where caregiving will take place) at no cost to the caregiver.
Mandatory Employment Contract
Employers must submit to Human Resources and Skills Development Canada (HRSDC)/Service Canada an employment contract with their Labour Market Opinion application to hire a foreign live-in caregiver. The employment contract must include the following mandatory clauses:
- Duration of the contract
- Duties of the position
- Hours of work (including wages, overtime, holidays, and sick leave)
- Accommodation arrangements, as per provincial and municipal standards
- Registration for provincial workplace safety coverage
- Transportation costs and arrangements
- Health Care provisions
- Recruitment fees
- Terms of resignation and termination
A contract template and accompanying instructions is available here. When the foreign national applies to Citizenship and Immigration Canada (CIC) for a work permit, a copy of the contract, signed by the employer and the foreign national, must be submitted to CIC.
Employers are strongly encouraged to visit CIC’s Web site to familiarize themselves with the requirements of the Live-in Caregiver Program.
It is expected that employers will ensure that complete and accurate records of work performed, wages paid, and other human resource records are maintained concerning their employment of a foreign national under the Live-in Caregiver Program.
Employers must provide their foreign live-in caregivers with signed documentation clearly identifying any regular and overtime hours worked. This is now required under new regulations that allow the caregiver to choose to count these hours toward the requirement for an application for permanent residence.
Effective December 1, 2014, directly from Service Canada
To learn more about the changes to to the live-in or in-home care, go to the link.