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Pay for the caregiver’s health insurance at no cost to the caregiver until he/she becomes eligible for provincial health insurance.
Enrol the live-in caregiver in provincial workplace safety insurance (also known as workers’ compensation) or equivalent insurance if the former is not available.
Pay for the services, fees and costs of a recruitment or third party agency if you are using one for recruiting the caregiver. Employers are not permitted to recoup recruitment fees from live-in caregivers.
Pay for transportation costs for the caregiver to travel from the caregiver’s country of permanent residence to the location of work in Canada (where caregiving will take place). Or if the caregiver is already in Canada, pay the transportation costs for the caregiver to travel to the new place of work in Canada.
Submit to HRSDC/Service Canada an employment contract with the Labour Market Opinion application to hire a foreign live-in caregiver. The employment contract must include the duration of the contract, duties of the position, wages, hours of work (including overtime, holidays, and sick leaveas per provincial legislation), accommodation arrangements, as per provincial and municipal standards; transportation costs and arrangements; health insurance coverage; terms of resignation and termination; registration for provincial workplace safety coverage.

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You, 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.

Health Insurance

2. What is health insurance?

Health insurance can be directly purchased from insurance companies offering private health insurance. Health insurance provides coverage for medicine, visits to the doctor or emergency room, hospital stays and other medical expenses. Policies differ in what they cover, the size of the deductible and/or co-payment, limits of coverage and the options for treatment available to the policy holder. The coverage provided to your employee must be at least equivalent to provincial health care coverage.

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3. Why does HRSDC require me to cover the cost of health insurance for my caregiver?

Most provinces and territories have instituted waiting periods for eligibility for new residents of their corresponding territory before such residents become eligible for provincial health coverage. HRSDC seeks to protect caregivers who are not eligible for provincial/territorial health coverage at the time of their arrival in Canada.

4. When and where can I obtain health insurance for my live-in caregiver?

Employers must obtain health insurance to correspond with the time of the arrival of the caregiver in Canada. Health insurance can be purchased directly from private insurance providers.

5.Where can I obtain information on the length of the waiting period for eligibility for provincial health insurance?

Employers may be able to obtain information on the length of the waiting period for eligibility for provincial health insurance on the websites of provincial health ministries.

Workplace Safety

6. When and where can I obtain workplace safety insurance for my live-in caregiver?

Employers must obtain workplace safety coverage to correspond with the time of the arrival of the caregiver in Canada. Employers must consult their provincial/territorial workplace safety authority for more information. If the provincial workplace safety authority where caregiving will take place does not include domestic workers, the employer must provide similar coverage through a private insurance provider.

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7. Why should I pay for workplace safety insurance for my caregiver?

When an employer hires a caregiver to work in a home, that employer is considered a residential employer. To protect the caregiver against workplace hazards, employers of live-in caregivers must enroll their caregivers in provincial/territorial workplace safety insurance (also called workers’ compensation board).

Recruitment Fees

8. Why do I have to cover all recruitment fees for the hiring of my caregiver?

HRSDC/Service Canada and Citizenship and Immigration Canada (CIC) have introduced policy guidelines in relation to more vulnerable workers, including live-in caregivers. These guidelines are intended to help prevent exploitation of foreign workers through illegal recovery of exorbitant recruitment fees.

9. What is the definition of “recruiters” and “recruitment fees” for the purposes of the Live-in Caregiver Program?

For all Labour Market Opinion applications received by Human Resources and Skills Development Canada/Service Canada on or after April 1, 2010 Live-in Caregiver Program (LCP) employers are required to pay for all recruitment fees, including any amount payable to a third-party recruiter or agents hired by the employer that would otherwise have been charged to the live-in caregiver. Employers are restricted from recouping any recruitment fees from foreign live-in caregivers.

A “recruiter” is a person, company, or agency who attempts to find and attract live-in caregivers. These activities are usually initiated at the request of an employer seeking to hire workers in order to fill vacant jobs, but may be in anticipation of a request from an employer or representative of an employer. Recruiters may also subcontract recruitment services to other third parties.

Recruiters charge fees which, under the LCP, must be paid by the employer who has requested the recruitment services. Recruitment services can include, among others, advertising, application filing and collection, processing, pre-screening interviews, testing or analysis of skills or knowledge, arrangement of formal interviews with workers, confirming the worker meets program criteria and negotiating a wage or salary on the employer’s behalf that is in line with the employer's and LCP requirements.

Recruiters must be distinguished from immigration consultants who are authorized representatives of foreign nationals. Immigration consultants may, for a fee, represent, advise or consult on immigration matters with a person seeking to enter Canada as an immigrant or foreign worker or after their entry to Canada, or with a Canadian permanent resident. In some cases, a recruiter and an immigration consultant may be the same person/entity, however the roles/activities and associated fees must be distinguished for the purposes of the LCP.

Some services may be offered to potential employees that are not considered recruitment services for the LCP, such as resume writing, interview preparation and first aid courses. Under the LCP, fees for these non-recruitment related services may be charged to the person accessing such services.

Important:

Employers are also advised to consult their provincial employment legislation for regulations on recruitment fees.

Transportation

10. What are the new transportation requirements under the Live-in Caregiver Program?

When hiring a live-in caregiver, employers are required to pay for transportation costs for the caregiver to travel to the location of work in Canada. These costs cannot be passed on to the caregiver. Under no circumstances are transportation costs recoverable from the caregiver.

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11. What is included under transportation costs?

Under the Live-in Caregiver Program, transportation costs include the purchase of tickets for a caregiver to travel by plane, train, boat or bus from his/her country of permanent residence to the location of work in Canada.

If a caregiver is already in Canada, transportation costs include the caregiver’s travel to the location of work within Canada. The mode of transportation must minimize travel time, expenses and inconvenience to the caregiver.

Transportation costs do not include:

Hotels, meals and miscellaneous expenses during the worker's travel to Canada and/or return expenses to his/her country of permanent residence;
Vacations, emergency trips, etc.

12. How are transportation costs calculated if a live-in caregiver uses his/her private vehicle to travel to the location of work in Canada?

They are calculated by multiplying the number of kilometers the worker travels to reach the place of work by the price of gasoline. The amount should be sent to the caregiver before his/her arrival (direct deposit, cheque or other means). You should ask the caregiver to keep all gasoline receipts.

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13. Should I keep documents to prove that transportation costs have been paid?

Records of all transportation costs (i.e., invoices, receipts, copies of flight itineraries, tickets, boarding passes) should be kept for a minimum of six years, as stipulated in other provincial and federal legislation, such as the Income Tax Act.

14. Are there situations when I am not obligated to purchase the foreign caregiver’s transportation to the place of work in Canada?

In all cases, the employer is obligated to provide transportation for the foreign live-in caregiver to travel to the place of work in Canada. In all cases, the employer must purchase this transportation (airfare for international travel, or travel by car, bus, train, or plane if within Canada).

15. My caregiver and I have discussed an alternate arrangement for transportation: She or he will purchase the flight and after arriving in Canada, I will reimburse her or him for the transporation costs OR I will convert the cost of the flight into rent (or other) credits. Is this permitted under the Temporary Foreign Worker Program?

Under no circumstances can foreign live-in caregivers purchase their own transportation and then seek reimbursement from the employer at a later date. The employer must always purchase the flight directly for the live-in caregiver.

This transportation requirement is consistent with others already in place for temporary foreign workers whose jobs require lower levels of education and training. The up-front purchase by the employer ensures that the cost of transportation cannot be part of any negotiations related to the employment contract. These changes have been put in place to increase protections for vulnerable foreign workers who may be tempted to accept alternate travel arrangements in return for the job offer. Transportation costs (along with all other requirements related to the Live-in Caregiver Program and the Temporary Foreign Worker Program, in general) are subject to compliance reviews when an employer requests a new labour market opinion from HRSDC/Service Canada.

16. Can a family member pay for the transportation requirement?

If your family member wants to pay for the transportation requirement, you and your family member must arrange a separate financial transaction. In all cases, the employer must purchase the transportation for the foreign live-in caregiver.

Employment Contract

17. What is the employment contract?

Employers wishing to hire live-in caregivers must prepare, sign and submit to HRSDC/Service Canada an employment contract. A signed copy must be attached to the employer’s application for a labour market opinion. Upon receipt of a letter of confirmation from HRSDC/Service Canada, employers must send a copy of the signed contract and the HRSDC/Service Canada confirmation letter to the caregiver. The caregiver will need to sign the contract and submit these documents to CIC when applying for their work permit.

In the event where differences arise between you and the foreign caregiver, the contract will guide the resolution of disputes.

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18. What must the mandatory employment contract contain?

The mandatory employment contract between live-in caregivers and their employers must include clauses on:

Employer-paid transportation to the place of work in Canada
Employer-paid health insurance
Employer-paid workplace safety insurance
Employer-paid recruitment fees
Hours, including overtime,
Duties of the position
Work schedule and wages,
Accommodation provisions,
Transportation costs,
Provisions for resignation and dismissal.

A contract template is provided below. Your contract does not have to look like this, but it must contain all of the information and clauses indicated in the contract template. The use of an alternate contract format may delay the processing of the LMO application as HRSDC/Service Canada officers will have to do a thorough comparative assessment to determine if the contract is compliant with LCP requirements.

Live-in Caregiver Program Contract Template

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19. Why do I have to submit an employment contract to HRSDC?

The requirement for employers to sign and submit an employment contract with their caregiver has always been in place. However, HRSDC and CIC have taken an in-depth look at the clauses of the contract to make its clauses more consistent with the program requirements and to ensure that both parties are aware of their mutual commitments. HRSDC will review the contract when assessing the employer's Labour Market Opinion.

It is a priority for the Government of Canada to increase protections for all temporary foreign workers, including live-in caregivers. As part of these increased protections, the terms and conditions of the employment contract between live-in caregivers and their employers must include mandatory clauses, clearly outlining duties, wages, hours of work, overtime and holidays, sick leave and termination/resignation terms. These terms and conditions will protect both employers and caregivers should disagreement arise.

20. Do I have to fill in the section on the second employer on the contract?

No. Employers are advised that the contract allows for a second employer, but only when applicable. Therefore, a second employer is not required to make an application under the Live-in Caregiver Program.

21. When should employers review and adjust the live-in caregiver wages?

Employers must review and adjust wages to ensure they meet or exceed the prevailing wage requirements for live-in caregivers in the region where the employee is being employed. HRSDC regularly reviews and updates the prevailing wage rate table on its website.

22. Why do I need to keep a record of wages paid and hours worked for the live-in caregiver? What type of documentation should I keep?

Employers must keep records of wages paid and hours worked for their caregiver (including overtime). Records of employment should typically be kept for a minimum of six years, as stipulated in provincial and federal legislation such as the Income Tax Act.

If the live-in caregiver chooses to apply for permanent residence in Canada, he/she will request these documents from the employer. These records are required by Citizenship and Immigration Canada (CIC) for all permanent residence applications.

23. What is the rate of overtime that must be paid to caregivers?

Employers must follow HRSDC’s wages and working conditions for the applicable province on the HRSDC website.

Each province has its legislation concerning overtime for caregivers. Please consult the provincial employment standards ministry for more information.

24. I am employing a caregiver in the province of Québec. Is the contract required by le Ministère d’immigration et de communautes culturelles (MICC) the same as the new contract required by HRSDC/Service Canada?

No. The contract required by MICC is different from the new contract required by HRSDC/Service Canada. Employers of caregivers in Quebec must submit the MICC contract as part of the LMO process. For more information on the MICC contract...

Advertising Requirements

25. What are the minimum advertising requirements for a live-in caregiver position?

As per January 1st 2009, employers wishing to hire temporary foreign workers, including those hiring live-in caregivers, must advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec or the Northwest Territories) for a minimum of 14 calendar days during the three months prior to applying for a labour market opinion. Please note that Newfoundland and Labrador, Saskatchewan, Quebec and Northwest Territories have their own Web sites which must be used instead of the national Job Bank. All future mentions to the “Job Bank” (in relation to these advertising requirements) include “or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec of Northwest Territories”.

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Advertising on a secondary source is recommended but is not required. An example, of advertising on a secondary source could be placing the ad on recognized Internet job sites, in local and regional newspapers, in ethnic newspapers and Internet sites, at community resource centres (for Aboriginal People and newcomers) and local regional employment centres.

Job advertisements posted through the national Job Bank do not always appear on the day they were created by employers due to administrative or technical delays. Advertisements should be created a few days before employers want the ad to appear live on the national Job Bank web site to ensure the 14-day minimum is met. There is no maximum limit to the number of days a position can be advertised.

Employers are advised that the 14-calendar day advertisement period begins once an ad is visible on the national Job Bank web site, as opposed to when the information is submitted to the applicable online job search system. At any time, an employer can verify their job's advertisement "status" by accessing their respective account.

To compensate for translation delays, employers are encouraged to select an "Advertisement End Date" that exceeds 14 days from when the ad was created. Once the 14-day "advertised" minimum has been reached, employers can manually cancel a job advertisement themselves.

In addition to the above requirement, as of May 4, 2009, employers are required to comply with the new advertising requirements for the Live-in Caregiver Program:

Third-party representatives are permitted to conduct advertising on behalf of employers of live-in caregivers on the national Job Bank and on any secondary advertising source;
The “Contact Information” on the national Job Bank and any secondary advertising source can be that of the Third-party representative;
In the case where an employer of a live-in caregiver wishes to undertake the advertisement himself/herself, the “Contact Information” on the national Job Bank can be a telephone number, a cell phone number, an e-mail address, a fax number, or a P.O. Box address;
Third-party representatives conducting recruitment on behalf of employers or employers who may require more than one live-in caregiver position are required to indicate this on the labour market opinion application;
Third-party representatives can only post one advertisement per live-in caregiver position. One single ad for multiple live-in caregiver positions both on the national Job Bank or any secondary advertising source is not permitted;

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26. How early can I advertise for a live-in caregiver position?

Employers are required to conduct their recruitment efforts any time within three months prior to applying for a labour market opinion for a live-in caregiver.

27. As an employer, I do not wish to use the services of a recruitment agency to conduct recruitment on my behalf. Can I apply directly to Service Canada?

Yes, employers wishing to hire a live-in caregiver do not need a third-party representative to conduct recruitment on their behalf in order to be able to apply for a live-in caregiver under the Live-in Caregiver Program. Employers can advertise free of charge on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec or the Northwest Territories). They do not need to provide their home phone number. They may provide as contact information a cell phone number, an e-mail address, or a P.O. Box number.

28. Will a third-party representative be able to advertise on the national Job Bank and act as the “contact” for recruiting my live-in caregiver?

Yes, under the new advertising requirements of the Live-in Caregiver Program, third-party representatives are able to advertise on the national Job Bank (or the equivalent in Newfoundland and Labrador, Saskatchewan, Quebec or the Northwest Territories) and act as the “contact” on the advertisement for live-in caregiver positions on behalf of employers.

As per the Terms of Use of the national Job Bank, when placing an ad third-party representatives will be asked to provide the Canada Revenue Agency (CRA) Business Number of the “actual” employer of record. This CRA Business Number will then be used to link the employer to the live-in caregiver position being advertised on the Job Bank.

It should be noted that third-party representatives cannot act as an employer, they are not allowed to conduct recruitment under the third-party’s CRA Business Number as they are not the employer paying the wages.

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29. As an employer, do I have to open a Canada Revenue Agency (CRA) Business account to be able to advertise on the national Job Bank?

Yes. Opening a Canada Revenue Agency (CRA) Business account is now a required step under the operational changes to the Live-in Caregiver Program. Employers must have a CRA Business Number in order to, first, register on the national Job Bank and meet initial registration steps for advertising requirements on the national Job Bank; and second, to be able to apply for a live-in caregiver using the live-in caregiver application form.

In addition, employers of caregivers are required to register with the Canada Revenue Agency because they:

pay wages, and vacation pay to their employees;
provide a benefit, such as board and lodging, to their live-in caregivers.

30. As an employer, am I required to post my contact information on the advertisement of the national Job Bank?

Employers are advised to explore the option of posting an ad under the title of "Private household" with the national Job Bank. They are also advised to use one form of their contact information on the advertisement (e.g., a cell phone, a P.O. Box, or an e-mail). The contact information does not need to be a home phone number.

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31. What are the requirements that must appear on the advertisement of a live-in caregiver?

Employers are required to ensure that the following information is included in the advertisement:

Title: Live-in caregiver (include for a senior, child or person with disability)
Terms of employment: Full-time and live-in
Salary: Wage being offered
Location: Community/neighbourhood location or major intersection
Skills requirements:
- Education: Secondary school or equivalent
- Experience: 6 months training or relevant experience
- Work setting: Private home
- Work location information: Reside in private household for duration of employment; private accommodation will be provided; amount of room and board charged (if applicable)

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32. What is considered an “acceptable” additional advertising source for a live-in caregiver position?

Employers or third-party representatives (acting on behalf of employers) are encouraged to conduct recruitment activities consistent with the practice in the occupation of caregiving in a household during the three months prior to applying for a labour market opinion for a live-in caregiver.

Employers/Third-party representatives may choose one or more of the following options:

advertise in newspapers, e.g., a weekly ad during two-three weeks in journals, newsletters, national/regional newspapers, ethnic newspapers/newsletters, free local newspapers;
advertise in the community, e.g., posting ads for two-three weeks in local stores, community resource centres, churches, or local regional employment centres;
advertise on Internet sites e.g., posting for 14 days/two weeks on recognized Internet job sites (union, community resource centres or ethnic sites). Internet sources have to be sources that a prospect/candidate would use to search for a job as a caregiver. Kijjiji, Craig’s list, and Internet employment websites (e.g., Monster, Workopolis, etc.), for instance, would be reasonable in that they are widely recognized sources.

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33. I have identified a live-in caregiver already in Canada? Am I required to still advertise for 14 days?

No, the advertising and recruitment requirements are waived. The employer must apply to Service Canada for a labour market opinion and the worker must contact CIC to apply for a new work permit or to ensure that changes are reflected in her/his existing work permit.

34. What are the new changes for employer identity authentication?

Employers will be required to:

Acquire and provide their Canada Revenue Agency Business Number on their application for a labour market opinion (LMO) to hire a live-in caregiver;
Submit, along with their application, an attestation signed by a guarantor testifying to the identity of the employer of the live-in caregiver;
In the instance where an employer chooses to use a third-party representative, the LMO will only be sent to the employer. The agent/third-party will receive a letter notifying them that an LMO decision was issued to the employer.
Employers are required to inform Service Canada when seeking a second LMO for the same position (in replacement of the original caregiver who could not start work in Canada).

35. Why do I have to submit a Canada Revenue Agency Business Number and an attestation of my identification at the time of my labour market opinion application?

To increase program integrity and protect foreign workers recruited as live-in caregivers and who may be vulnerable to exploitation, Human Resources and Skills Development/Canada Service canada has introduced a more robust identity authentication of employers. This exercise seeks to ascertain that each available live-in caregiver position is matched to an existing and bona fide employer demonstrating a genuine job offer for that live-in caregiver.

36. How do I obtain a Canada Revenue Agency Business Number?

Employers can register for their Canada Revenue Agency Business Number by:

Internet on the Business Registration On-line application;
Phone at 1-800-959-5525;
Mail; and
Fax; (If employers are registering by mail or by fax, complete Form RC1. To find out the address of the Tax Service Office closest to you, visit CRA to ensure the confidentiality of registration information).

Businesses outside Canada:

Business employers in the United States can contact the International Tax Service Office at 1-800-267-5177 ext: 9144;
Business employers from outside Canada and the United States can call collect 1-613-954-9681 for assistance.

For more information on how to obtain a CRA Business Number and register a business...

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37. As an employer, which documents do I have to provide when I request a labour market opinion for a live-in caregiver?

In addition to providing a live-in caregiver application, you will need to provide:

A signed employment contract
Canada Revenue Agency Business Number

38. What will happen to my application if a document (or Canada Revenue Agency Business Number) is missing at the time I make the labour market opinion application?

Employers are required to submit complete applications. Failure to comply with the Live-in Caregiver Program requirements will slow the processing, as Service Canada will have to contact the employer for any missing information or for any information that requires clarification.

39. Can I submit my labour market opinion application before the end of the 14-day advertisement?

No. As an employer, you will need to advertise for 14 days and interview the candidates, if applicable, that submitted their applications for the job.

40. Is there any recourse available to employers if the working relationship ends sooner than expected?

Some employers find their foreign live-in caregiver and apply for a labour market opinion themselves; others choose to hire a third party (agency, association, organization) who conducts the recruitment and selection of foreign live-in caregivers, and/or assists employers with the labour market opinion application process.

As with all human resources activities, there is an element of risk that the working relationship between an employer and employee will not work out as originally anticipated or will end sooner than expected. Employers who do their own recruitment, selection and hiring, should ensure due diligence when selecting a foreign live-in caregiver which includes conducting adequate reference checks. For employers who hire a third party to conduct the recruitment, selection, and assist with the hiring process, those employers are advised to ensure due diligence in selecting a third party that will provide them with reputable, reliable service.

The contract signed by the caregiver and the employer is a document that contains required clauses under the Live-in Caregiver Program and assists employers and live-in caregivers in better understanding the terms and conditions of employment and their responsibilities. If a breach of contract occurs, parties are afforded the same legal protections as other employers and employees engaged in an employment relationship in Canada.

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Date Modified:: 2012-01-23

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