Care Give

Superior Immigration & Education Services

Home Child Care Provider Pilot and Home Support Worker Pilot
As of June 18, 2019, you may be able to apply for permanent residence through the Home Child Care Provider Pilot or Home Support Worker Pilot if you:

  • Meet the eligibility requirements.
  • Have a job offer to work in one of these occupations
  • Through these pilots, you’ll get an open work permit to come to Canada and work temporarily. This work permit:

The Live-in Caregiver Program is closed to new applicants. You can only hire a caregiver through the program if you have:

found a caregiver who already has a work permit in the Live-in Caregiver Program and who is looking for a new employer, and been approved for a Labour Market Impact Assessment (LMIA) that shows the caregiver has agreed to live in your home Other options for hiring a caregiver If this doesn’t apply to you, you can still hire a foreign caregiver through the:

Home Child Care Provider or Home Support Workers pilots
No LMIA required for the pilots.
Temporary Foreign Worker Program
You need to get a positive LMIA from Service Canada and the caregiver must apply for a regular work permit. You can decide, with the caregiver, if they live in or out of your home.

To hire a caregiver through the Live-in Caregiver Program, you must:

  • first try to fill your position with a Canadian citizen or a permanent resident
  • be able to pay them
  • give them acceptable living space in your home
  • offer them a job caring for
    • a child
    • an elderly person
    • a person with a disability

You must also hire a caregiver who:

  • is already part of the Live-in Caregiver Program
  • wants to continue working on a live-in basis

If you have found a caregiver who is already part of the program:

  • you will need to get a positive Labour Market Impact Assessment
  • the caregiver needs to get a new work permit
  • you must include the live-in arrangement in the Labour Market Impact Assessment application

Caregiving must be the main responsibility of the job. For example, you can’t hire through the Live-in Caregiver Program if the main duties are house cleaning.

As an employer, you are responsible for finding a foreign caregiver through:

advertisements
personal contacts
hiring agencies
You must then go through the application process to hire them.

Find a caregiver
You must advertise your position for a caregiver in Canada’s national Job Bank, or similar tools in:

Saskatchewan
Quebec
Northwest Territories
Your local Service Canada Centre may be able to help you with this. Find out the minimum recruitment efforts you must follow.

The caregiver will need to apply for a new work permit that lists you as their employer. They can’t work for you without this permit.

It’s a crime to employ a worker who is not a Canadian citizen or permanent resident who has not been authorized to work. You also can’t hire a caregiver on a trial basis to find out if they are suitable.

Write your employment contract
You and the caregiver are legally required to sign a written employment contract. You must submit the signed contract with your application for a LMIA. The written contract will make sure there is a fair working arrangement between you and the caregiver.

The contract must show that you and the caregiver meet the requirements of the LMIA for in-home caregivers. It must include a description of:

all benefits you will provide the caregiver, including:
transportation from where the caregiver lives to where they will work in Canada
medical insurance from the date the caregiver arrives until they are covered by provincial health insurance
workplace safety insurance for the length of the contract
all recruitment fees, including any amount a third-party recruiter or agents you hire charges the caregiver
job duties
hours of work
pay
housing
vacation and sick leave benefits
details on how the employment can end (if your caregiver quits or if you no longer want to employ them), including:
the amount of notice you or the caregiver must give
how you will pay the remaining wages
what will happen to any vacation time that you owe the caregiver
Service Canada has a contract template you can use to create the employment contract. Your contract does not have to look exactly like the template, but it must contain all the mandatory information and clauses.

Note: If you will work in the province of Quebec, you must use the Quebec contract template.

Get a LMIA
You will need to get a positive LMIA before a live-in caregiver can work for you. The assessment verifies that:

there is a need for a foreign worker
no Canadians are available to do the job
Service Canada has an LMIA application specifically for hiring temporary workers as in-home caregivers. The LMIA will be valid for 6 months. The caregiver must apply for their work permit within this time. Find out how to apply for an LMIA to hire a caregiver.

If your job offer is approved and you get a positive LMIA, you will receive an LMIA confirmation letter. You must give a copy of this letter to your live-in caregiver. The letter includes information the caregiver needs to complete the work permit application. It will also tell you which documents you must give the caregiver and which they will need for their work permit application.

Make sure the caregiver gets a valid work permit
Once you get a positive LMIA, the caregiver must apply for a new work permit within 6 months. If they are eligible, they will receive a work permit that lists you as their employer. This process may take several months, so plan ahead. The caregiver can’t work for you until they receive this work permit. Keep in contact with them so that you’ll know when they can start working for you.

A live-in caregiver can apply for permanent residence after they have worked in the LCP for 2 years or completed 3,900 hours of work. They must complete the hours of work within 4 years of the day they entered Canada. They can apply for an open work permit at the same time as permanent residence. An open work permit lets them work for any employer in Canada.

As an employer participating in the Live-in Caregiver Program, you must provide:

acceptable working conditions
reasonable duties
fair market wages
private accommodation, such as a room with a lock on the door, and
a key to the house so that they have free access.
Your caregiver pays rent for a room in your home and is entitled to privacy. You should not enter the caregiver’s room without permission. Your house is your employee’s home as well as his or her workplace. You should respect the caregiver’s cultural or religious practices and discuss his or her needs.

A live-in caregiver is protected by employment standards legislation in most provinces and territories. For instance, they are entitled to:

days off each week
statutory holidays
extra pay for overtime work, and
a salary that meets at least the minimum wage.
It is your responsibility to find out what these standards are and to respect the laws of your province or territory. For more information, see Provincial and territorial labour standards.

Health insurance
Contact your provincial or territorial authorities to find out how to provide medical insurance for your employee. You may be required to pay premiums or a health tax on your employee’s behalf. You cannot deduct health premiums or taxes from their wages.

Workers’ compensation
Live-in caregivers have the right to be covered under workers’ compensation laws in most provinces and territories. Workers’ compensation is an employer’s insurance plan. You should ensure that your employee is covered in case he or she is injured on the job.

You are responsible for arranging for your caregiver’s workers’ compensation when they arrive in Canada. Contact your local workers’ compensation office for more information.

Your legal responsibilities
If you hire a live-in caregiver, you are required by federal law to register as an employer with the Canada Revenue Agency (CRA). When you register, the CRA will give you an information guide with the necessary forms and instructions.

You must give your employee a record of employment (ROE) when the employee’s work term with you finishes. You will not be able to get the ROE unless you are registered as an employer.

All employers in Canada must keep written records of workers’ employment. You must keep records of an employee’s earnings and give them a statement of earnings with each paycheque. The statement should show your employee’s gross and net pay, specific deductions, the purpose of these deductions, and the total hours worked (including overtime) during that pay period.

You must also give your employee a T4 slip for the previous year’s employment by the end of February each year. The T4 slip will show your employee’s total gross earnings and total deductions for income tax purposes. Your employee will require the T4 to file an annual income tax return.

Deductions
You must deduct from your employee’s pay:

income tax
Employment Insurance premiums, and
Canada (or Quebec, if applicable) Pension Plan contributions.
You must regularly remit these deductions to the CRA. Check with provincial or territorial authorities or the ESDC/Service Canada centre about other deductions such as workers’ compensation and health insurance.

For more information, see CRA website – Payroll.

Room and board
Room charges are calculated on a weekly or monthly basis, depending on the conditions of the employment contract. Whether you may deduct room and board directly from your employee’s paycheque may be governed by provincial or territorial employment standards laws.

Only charges for meals eaten by your employee in your home can be deducted from his or her pay.

Helping your employee adjust
Your caregiver may have trouble adjusting to living in a private home in a new country. Although the relationship between you and your employee is a professional one, you should do all that you can as an employer to help them adjust to life in Canada. You can refer your employee to agencies or other organizations that may offer support.

Ending a contract with an employee
If your employee is unwilling or unable, without just cause, to perform the job duties as stated in the contract, you can terminate the contract.

You may have agreed in the contract to give a notice of termination. If you cannot give the caregiver notice as per the contract, you can pay the employee for the period the notice would have covered. Whether or not your contract requires you to give notice or pay in lieu of notice, you may be liable for it under provincial or territorial laws.

You must notify the ESDC/Service Canada centre if you no longer need the services of your caregiver.

If you need to find a replacement for your employee, you must apply for a new LMIA from ESDC/Service Canada.