Changes to the Live-in Caregiver Program

Effective April 1, 2010, all employers applying for a Labour Market Opinion under the Live-in Cargiver Program and wishing to hire foreign live-in caregivers must meet the following requirements:

Health Insurance

Employers of 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.

Workplace Safety

Employers of 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.

Transportation costs

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

The employer must also:

• Keep records of the number of regular and overtime hours the live-in caregiver has worked for you on a weekly/monthly basis. The caregiver will need this information for their application for permanent residence. 
• Review and adjust the foreign caregiver's wages to ensure they meet or exceed HRSDC's requirements (as per HRSDC's wages table).
• Ensure that you are not employing a foreign national other than in a capacity they are authorized to work (you should ask to see, but not keep, their work permit to ensure that you are identified as the authorized employer and to confirm the duration of that authorization). Remember, you are not permitted to take away the work permit from the caregiver or keep it.
• Ensure that you are not employing a live-in caregiver without a valid work permit identifying you specifically as the employer.