Learn about the Canadian live-in caregiver program
The Live-in Caregiver Program allows professional caregivers to work in Canada. Caregivers are individuals who are qualified to work without supervision in a private household providing care for children, elderly persons or people who have physical or mental disabilities. The live-in caregiver must live in the employer's home.
There are four main requirements caregivers must meet to qualify under the Live-in Caregiver Program:
The caregiver must have successfully completed the equivalent of a Canadian high school education. This requirement will help to ensure that those who apply for permanent residence after two years as a live-in caregiver will be able to succeed in the general labour market. Studies indicate that the majority of new jobs in Canada require at least a high school education.
Caregivers must have six months of full-time training in a classroom setting or twelve months of full-time paid employment, including at least six months of continuous employment with one employer in a field or occupation related to live-in caregiving. Relevant areas are early childhood education, geriatric care, pediatric nursing or first aid. This experience must have been obtained within the three years immediately prior to the day on which the caregiver submits an application for a work permit.
The caregiver must be able to speak, read and understand either English or French at a level that allows her to function independently in a home setting. For example, the caregiver must be able to contact emergency services if required and to understand labels on medication. Caregivers are unsupervised for most of the day and may be required to communicate with someone outside the home.
A caregiver must have a written employment contract with the future employer. The contract defines job duties, hours of work, salary and benefits. The contract also reinforces the employer's legal responsibilities. This requirement helps provide a fair working arrangement between the caregiver and the employer and provides both parties with a clear understanding of what is expected of them.
Live-in criteria
An important requirement of the program is that employees must live in the employer's home. The Live-in Caregiver Program exists only because there is a shortage of Canadians or permanent residents to fill the need for live-in care work. There is no shortage of Canadians or permanent residents available for caregiving positions where there is no live-in requirement.
Fees
Caregivers must pay a fee to an application processed by the visa office. There are other fees and entry requirements as well. For more information, check the Visa Office Web site.
The application procedure
As a prospective employer, you submit a request to hire a caregiver to a Human Resources Centre Canada (HRCC). The HRCC will ensure that no Canadian, permanent resident or other temporary worker already in Canada is qualified and available to take your offer of employment.
Once the HRCC has confirmed the job offer, it sends you a confirmation letter. You send a copy of the confirmation letter to your prospective caregiver.
Stewart's Caregivers will help you and your caregiver complete the application process. The caregiver will need a work permit and may need a passport and a Canadian temporary resident visa. Specific requirements depend on the country of origin. For more information, click here.
Because of an agreement between the Government of Canada and the Province of Quebec, there are differences in the way the program operates for caregivers who will be working in Quebec. For more information, click here to visit the Web site of the ministère de l’Immigration et des Communautés culturelles (Quebec Immigration).
The work permit
A work permit from a Canadian visa office will allows your caregiver to work in Canada. The work permit is valid for one year, and must be renewed before it expires.
If required, Stewart's Caretakers will help you maintain your caregiver's residency in Canada.
You must give your caregiver a letter and a signed contract confirming that her job as a live-in
caregiver is being offered for another year.
Involvement in any illegal activity could result in the cancellation of a caregiver's permission to work in Canada. For example, a caregiver cannot work for any employer except the one named on the work permit and cannot accept employment for any type of work except as a live-in caregiver.
The contract
A signed employment contract employer and caregiver is a legal requirement of the Live-in Caregiver Program. You must give your caregiver a copy of the contract. It is part of the documentation the caregiver must send to the visa office when making an application to work as a live-in caregiver.
The caregiver will also require a copy of the contract when requesting a new work permit. Both employer and caregiver must clearly understand the conditions of employment before signing the contract.
The relationship between employer and live-in employee is like any professional relationship. It is important to clearly set out what each person expects of the other to avoid any misunderstandings about the conditions of the working relationship.
The objective of setting out the relationship in a contract is to get the fairest working arrangement possible for both you and your employee. A contract can help to avoid future problems by protecting rights and providing a clear statement of obligations.
A contract is a written, detailed job description that also describes the conditions of employment, including the maximum number of hours of work per week, and the wage rate for those hours of work. Nothing in the contract should violate provincial or territorial labour laws, which establish minimum employment standards, such as the minimum wage and overtime payment for additional hours worked.
To ensure that the contract is effective, think carefully about what it is for and how you will use it. For an example of a sample contact, please click here. How closely you follow it in setting up your own contract is up to you and your caregiver.
Remember: your contract will indicate what job duties you expect of your caregiver and will help ensure that you fulfill your legal responsibilities.
How are contracts enforced?
The Government of Canada is not a party to the contract. The government has no authority to intervene in the employer-employee relationship or to enforce the conditions of employment.
It is your responsibility to know the laws that apply to you. Stewart's Caregivers will also help employers and employees resolve any contract concerns.
A list of ministries responsible for labour or employment standards appears here, listed in alphabetical order by province/territory. Scroll down to see the list.
Caregivers are protected
Live-in caregivers have legal rights respecting fair working conditions and fair treatment under employment standards legislation in most provinces and territories. Nothing in a contract must violate these rights. Employment standards legislation may cover rights in areas such as:
days off each week;
vacation time with pay;
paid public holidays;
overtime pay;
minimum wage;
other protection, including equal pay, equal benefits and notice of employment termination;
maximum charges for room and board.
Public holidays are days during the year when most workers, including live-in caregivers, can have the day off with pay or receive a premium if they work. In Canada, some common holidays are New Year's Day (January 1), Good Friday (Easter), Victoria Day (late May), Canada Day (July 1), Labour Day (early September), Thanksgiving (mid-October) and Christmas Day (December 25). Some provinces or territories have one or two additional public holidays.
Working conditions, such as minimum hourly wages, vary widely in Canada according to provincial or territorial law. It is your responsibility to find out what employment protection is offered by law in the province or territory where you live. For a list of employment standards websites by province/territory, please click here and scroll down.
Hospital and medical care insurance
Under Canada's health insurance system, Canadian residents do not have to pay the cost of certain hospital and medical expenses. However, depending on the province or territory in which you work, an employer may be required to pay for the caregiver to be covered by the insurance plan.
Workers' compensation
Many provinces and territories provide for workers' compensation benefits. The Workers' Compensation Plan is a provincial or territorial government insurance plan that will pay the wages of employees who get sick or are injured on the job.
In some provinces or territories, employers must register their employees in the plan; in other provinces or territories, participation is up to the employer. Since the plan is an insurance plan for employers, only the employer pays for it.
If workers' compensation is optional in the province or territory in which the caregiver is working, the employment contract should indicate whether whether
Workers' compensation is included.
Other benefits: Employment Insurance, Canada Pension Plan and Old Age Security
Live-in caregivers are covered by Employment Insurance (EI). The purpose of EI is to provide caregivers with benefits if a job is lost through no fault of the employee.
However, Live-in Caregiver Program participants are expected to find a new employer as soon as possible. Stewart's Caregivers will help caregivers locate another job.
You must include a statement of earnings with your caregivers pay cheques, even if you pay in cash. This statement must show your gross and net earnings, specific deductions, the purpose of these deductions and the total hours worked (including overtime) during that pay period.
Income Tax deductions
You must deduct income tax from your caregivers' pay and send a record of wages and deductions to the Canada Customs and Revenue Agency (CCRA) every year.
You must also give your caregiver a copy of this record by the end of February each year, in the form of a T4 slip. Your caregiver must file an income tax return by April 30 each year.
Other working conditions
A caregiver has the right to privacy in the employer's home, including a lock on the door of the caregiver's room. A caregiver can spend off-duty time where she wants - she cannot be asked to spend it in the employer's home. Legal documents, such as passport and work permit, belong to the caregiver. The employer should not ask for them.
Studying in Canada
Live-in caregivers who wish to pursue academic or professional courses will require a study permit if the duration of the course or program of study is longer than six months. Applicants for study permits must be aware that the main purpose for their presence in Canada is to work as live-in caregivers. Live-in caregivers may also enroll in non-credit special interest studies without a study permit.
Breaking the contract
If a caregiver leaves your employment, you must provide her with a record of employment (ROE). The ROE must show how many weeks the caregiver has worked and how much the caregiver has earned.
A caregiver who fears abuse does not have to give notice to terminate employment.
Applying for permanent residence in Canada
A caregiver must complete at least two years of employment as a live-in caregiver to apply for permanent residence in Canada.
