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Human Resources and Skills Development Canada
IMPORTANT CHANGES TO THE CANADIAN LIVE IN CARE PROGRAM
Effective April 1, 2010, all employers applying for a Labour Market Opinion under the Live-in Caregiver Program and wishing to hire foreign live-in caregivers must meet the following requirements:
Health Insurance
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.
Workplace Safety
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.
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
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
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.
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