Hiring Live-in Caregivers and Nannies

The Live-in Caregiver Program (LCP) allows families to hire a foreign live-in caregiver, often called a nanny, when Canadian citizens and permanent residents are not available.

Description

Under the LCP, foreign live-in caregivers must:

  • provide care on a full-time basis (minimum 30 hours per week) to:
    • children, under 18 years of age
    • elderly persons, 65 years of age or over, or
    • persons with disabilities
  • live and work without supervision in the private household where the care is being provided; and
  • meet the requirements set by Citizenship and Immigration Canada (CIC) and Employment and Social Development Canada (ESDC)/Service Canada for the LCP.

Employers must meet all the Program Requirements, the Wages, Working Conditions and Occupation and the Advertisement requirements.

Employers who wish to hire a housekeeper or a caregiver that resides outside the household must apply under the Stream for Lower-skilled Occupations.

Note:

Live-in caregivers working in Canada under the LCP:

  • have up to 4 years, from the date of their arrival in Canada, to complete the employment requirement to be eligible to apply for permanent residency; and
  • may choose between 2 options to calculate the number of hours of employment required to apply for permanent residency:
    • 24 months of authorized full-time employment; or
    • 3,900 hours (within a minimum of 22 months, which may include a maximum of 390 hours of overtime) of authorized full-time employment.

For more information, visit CIC.

Requirements

Processing Fee

Employers must pay $1,000 for each position requested (e.g. $1,000 x number of positions=total payment) to cover the cost of processing a Labour Market Impact Assessment (LMIA) application.

  • The processing fee payment (in Canadian dollars) can be made by:
    • certified cheque (payable to the Receiver General for Canada)
    • money order (postal or bank)
    • Visa
    • MasterCard
    • American Express
  • There will be no refund in the event of a negative LMIA, or if the application is withdrawn or cancelled by the employer since the fee covers the assessment process and not the outcome.
  • Employers requesting to have their LMIA application reconsidered, as a result of a negative LMIA, must submit a new application and processing fee for each position.
  • Refunds will only be available if a fee was collected in error (e.g. an incorrect fee amount was processed).

Note:

It is the policy of the Government of Canada, that under no circumstances, can employers and third-party representatives recover the LMIA processing fees from temporary foreign workers.


Language Restriction

A distinct language assessment factor has been introduced as subsection 203 (1.01) of the Immigration and Refugee Protection Regulations (IRPR). As a result, English and French are the only languages that can be identified as a job requirement both in LMIA applications and in job advertisements by employers, unless they can demonstrate that another language is essential for the job.


Language Proficiency

Employers must ensure that the live-in caregiver being hired speaks, reads and understands at least one of Canada's official languages (English or French). Live-in caregivers must have a level of fluency that enables them to communicate effectively and independently in an unsupervised setting.


Education, Training or Experience

Employers must ensure that the live-in caregiver being hired has:

  • successfully completed the equivalent of Canadian high school education; and
  • at least 6 months of full time training; or with
  • relevant experience.

Note:

Under the LCP, employers can only request an individual who has worked as a full-time caregiver or in a related occupation for a minimum of 1 year and up to a maximum of 2 years (including 6 months with the same employer) during the past 3 years. Although candidates may have more experience this would not be considered when assessing the application in order to ensure that all Canadians and permanent residents have an opportunity to apply for the available position.


Multiple Employers

Under the LCP there can be a maximum of 2 official employers. For example, 2 adult children may act as employers for an incapacitated parent. In situations that involve multiple employers, only 1 application is required; however both employers must meet all of the LCP requirements and sign all documents (e.g. Labour Market Impact Assessment (LMIA) application, employment contract, bedroom description form, etc.).


Canada Revenue Agency Business Number

Individuals hiring a foreign live-in caregiver are considered employers and must obtain a business number (BN) from the Canada Revenue Agency (CRA) to:

  • meet the initial registration requirements for advertising on the national Job Bank website or its provincial/territorial counterpart;
  • apply for the LCP;
  • pay the worker's wage (including vacation pay);
  • make deductions from the worker's wage as prescribed by the law and the LCP; and
  • issue pay stubs, statements, remuneration paid (T4) or Records of Employment (ROE).

To Obtain a Business Number

A BN is a 9-digit business identifier that CRA assigns to an employer located in Canada for tax purposes.

Employers can register for a BN by:

Note:

  • Employers cannot use any existing company BN, should they have one, to hire a live-in caregiver. They must obtain a separate BN for the specific purpose of hiring a live-in caregiver.
  • In instances of multiple employers applying to hire a live-in caregiver, only 1 BN is required.

Businesses outside Canada

  • Employers in the United States can contact the International Tax Service Office at:
    1-800-267-5177 ext. 9144 (toll-free)
  • Employers from outside Canada and the United States can call collect at:
    1-613-954-9681

Record of Employment

Under the provisions of the Employment Insurance Act, all employers are required to provide a Record of Employment (ROE) when an interruption of earnings occurs for an employee. This requirement applies whether the employee is a Canadian or a foreign worker, including live-in caregivers. The ROE, which indicates the wages paid and the number of weeks the caregiver worked, is required by the foreign worker as proof to qualify and apply for permanent residency. Live-in caregivers also need the ROE to apply for Employment Insurance benefits.


Proof of Individual Requiring Care

Employers must provide proof that they or a dependant is in need of care. The documentation that must be submitted along with the application form includes proof of one of the following:

  • age and parentage for each child under the age of 18 (provide one of the documents listed):
    • long form birth certificate
    • adoption order
    • official guardianship, or
    • medical doctor's note confirming the pregnancy and the due date
  • age for each senior, 65 years or older (provide one of the documents listed):
    • birth certificate
    • passport, or
    • Old Age Security identification card
  • disability for each disabled person (provide one of the documents listed):

Financial Ability

Employers must submit a copy of their Notice of Assessment from the CRA showing their financial ability to pay the live-in caregiver's wage. In exceptional cases where the employer is not required to pay income tax in Canada, copies of paystubs, bank statements, personal work contract or other official documents can be submitted as proof of income.

Note:

In cases of multiple employers where the income of 1 employer is not sufficient to meet the financial ability to hire a live-in caregiver, the income of both employers can be combined to meet this requirement. However, the 2 employers must submit copies of their individual Notice of Assessment from CRA.

Employment and Social Development Canada (ESDC)/Service Canada will assess the employer's financial ability by using the Low Income Cut-offs (LICO) produced by Statistics Canada. Employers can perform their own calculations before submitting their application by using the Financial Ability Calculator.


Transportation

Employers must always pay for the transportation costs (e.g. plane, train, boat, car, bus) of the live-in caregiver to the work location in Canada. These costs must be paid up-front to ensure that they are not part of any negotiations related to the employment contract. This process helps protect temporary foreign workers, who may be tempted to accept alternative travel arrangements in return for a job offer.

Employers may have a financial agreement with any member of their family to pay for the transportation costs.

Transportation costs may include:

  • transportation from the caregiver's country of current residence to the work location in Canada;
  • transportation from the caregiver's current residence in Canada to the new work location;
  • gas expenses when the caregiver drives a personal car to the new work location. The cost of gas should be paid to the caregiver before leaving for the work location, by direct deposit, cheque or other means. To calculate the cost of gas:
    • Cost = number of km x price of gas

Note:

  • The mode of transportation selected must reduce the travel time, expenses and inconvenience to the caregiver.
  • Under no circumstances, can an employer recover the transportation costs from the TFW.

Transportation costs paid by the employer do NOT include:

  • hotels, meals and miscellaneous expenses during the caregiver's travel to the work location;
  • transportation for the caregiver to return to the country of current residence;
  • transportation or other expenses for vacations or emergency trips.

Employers must keep records (e.g. invoices, receipts, copies of flight itineraries, tickets, boarding passes) of all transportation costs paid, for a minimum of 6 years, as stipulated in provincial/territorial and federal legislation, such as the Income Tax Act. ESDC/Service Canada may request these documents for future assessments.


Housing

Employers must provide the live-in caregiver with suitable accommodation in the home of the person receiving care. Suitable accommodation is considered to be a private and furnished bedroom that has a door with a lock and safety bolt. The bedroom must also meet the municipal building requirements and the provincial/territorial health standards.

Note:

Employers should consult the, Wages, Working Conditions and Occupation tab, to determine the maximum allowable room and board deductions permitted in the province or territory where the live-in caregiver will be employed.

Employers must submit the completed Live-in Caregiver Bedroom Description (EMP5579) form with the application.


Health and Workplace Safety

Health Insurance

Employers must always pay for the TFW's private health insurance. Coverage must begin from the time the TFW arrives in Canada until the worker is covered by the appropriate provincial/territorial health insurance plan. The waiting period to be eligible for the provincial/territorial health insurance is available on the Ministry of Health Web sites for each province or territory. The private insurance coverage provided to the TFW must be similar to the provincial/territorial health insurance plan.

Note:

Under no circumstances, can an employer recover the health insurance costs from the TFW.

Workplace Safety

Employers must arrange and pay for workplace safety insurance coverage from provincial/territorial workplace safety insurance providers also known as the Workers' Compensation Board. Any coverage obtained by the employer must correspond to the caregiver's arrival date in Canada.

If requested by ESDC/Service Canada, employers must provide a provincial/territorial workers' compensation clearance letter or other appropriate provincial/territorial documentation.


Employment Contract

Employers must prepare and sign an employment contract. Although employers are not required to use the contract template provided, they must ensure that the contract used, contains all of the mandatory information and clauses. The use of an alternative contract may delay the processing of the application, as ESDC/Service Canada will need to conduct a thorough comparative assessment of the contract submitted to ensure that the content describes all the LCP requirements.

In the event that differences arise between the employer and the TFW, the contract will guide the resolution of disputes. In cases where the dispute cannot be resolved between the two parties, the employer or the TFW may contact the Ministry of Labour in the province/territory where the work is being performed.

ESDC/Service Canada has no authority to intervene in the employer-employee relationship or to enforce the terms and conditions of the contract.


Valid Power of Attorney

In instances where a person is clearly incapacitated, for example, due to mental illness and has appointed an individual, whether a family member or not, who has a Power of Attorney, then this individual is considered to be the employer of record. This person will be responsible for making all the necessary decisions, including submitting the LMIA application, hiring a live-in caregiver and paying the worker's wage.

A copy of the valid Power of Attorney must be included with the LMIA application.

Wages, Working Conditions and Occupation

While authorized to work for a specific employer, a live-in caregiver cannot:

  • work for more than one employer at a time, except in situations where family members are sharing the costs of hiring a caregiver (e.g. divorced couples with children or siblings hiring a person to care for an elderly parent);
  • work under any conditions other than those authorized on the work permit;
  • care for individuals not designated on the application; and
  • work for a health agency, labour contractor, or day care or foster care provider.

The employer must agree to review and adjust the foreign live-in caregiver's prevailing wage to ensure it meets or exceeds, at all times, the Live-in Caregiver Program (LCP) requirements as outlined in the following wage tables.

Alberta
Prevailing Wage $10.19 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 time employee's regular wage
Minimum Rest Periods
  • 1 day/week
  • 2 consecutive days for every 2-week period
  • 3 consecutive days for every 3-week period
  • 4 consecutive days for every:
    • 4-week period, or
    • 24 consecutive working days
Meal breaks:
  • one 30-minute break if work shift exceeds 5 hours
Maximum Deductions Room and Board
  • $3.27/meal
  • $4.31/day for lodging
Employers cannot charge for a meal that the employee did not receive.
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year or
  • 3 weeks/year after 5 consecutive years of employment
Vacation pay:
  • 4% of wages/year, or
  • 6% of wages after 5 consecutive years of employment
For more information, visit Province of Alberta Employment Standards Code
British Columbia
Prevailing Wage $10.33 per hour
Maximum Hours 40 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 8 hours/day, or
  • After 40 hours/week
Overtime rate:
  • 1.5 times employee's regular wage, or
  • 2 times employee's regular wage (after 12 hours of work in a day)
Minimum Rest Periods
  • 8 consecutive hours between each shift except in case of an emergencyFootnote 1, or
  • 32 hours/week (or pay the employee at the overtime rate for time worked during rest period)
Meal breaks:
  • one 30-minute break if work shift exceeds 5 hours
  • counted as time worked if the employee is required or available to work during a meal break
Maximum Deductions Room and Board No more than $325/month for room and board
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year or
  • 3 weeks/year after 5 consecutive years of employment
Vacation pay:
  • 4% of wages/year, or
  • 6% of wages after 5 consecutive years of employment
For more information, visit Province of British Columbia Employment Standards Act
Manitoba
Prevailing Wage $10.53 per hour, $10.70 per hour as of
Maximum Hours 8 hours per day or 40 hours per week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 8 hours/day, or
  • After 40 hours/week

Overtime rate:

  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 36 consecutive hours/week

If the employee works during a rest period, the employer must either:

  • increase one of the employee's weekly rest period in the following 8 weeks (equivalent to the number of hours worked), or
  • pay the employee at the overtime rate
Meal breaks:
  • one 30-minute break if work shift exceeds 5 hours
Maximum Deductions Room and Board

In situations where an employee has no options for obtaining meals or lodging other than what is furnished by the employer, the deductions from the minimum wage cannot exceed:

  • $1/meal
  • $7/week for lodging provided
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year, or
  • 3 weeks/year after 5 consecutive years of employment
Vacation pay:
  • 4% of wages/year, or
  • 6% of wages after 5 consecutive years of employment
For more information, visit Province of Manitoba Employment Standards
New Brunswick
Prevailing Wage $10.59 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 8 consecutive hours/day except in case of an emergencyFootnote 1, or
  • 24 hours/week
Meal breaks:
  • one 60-minute break (employer and employee may contract out of this requirement)
Maximum Deductions Room and Board In situations where board and/or lodging are furnished by the employer, the deductions from the minimum wage cannot exceed:
  • $68.20/week for board and lodging, or
  • $55.55/week for board, or
  • $15.45/week for lodging, or
  • $3.65/meal
Employers cannot charge for a meal that the employee did not receive.
Vacation Leave and Pay Requirements Vacation leave:
  • the greater of one day/month worked, or
  • 2 weeks/year
Vacation pay:
  • 4% of gross earnings
For more information, visit Province of New Brunswick Employment Standards
Newfoundland and Labrador
Prevailing Wage $10.59 per hour
Maximum Hours 16 hours/day
Paid Overtime
  • After 40 hours/week
Overtime rate:
  • $15/hour
Minimum Rest Periods
  • 8 consecutive hours/day (unless otherwise stipulated in the employment contract), or
  • 24 hours/week
Meal breaks:
  • one 60-minute break if work shift exceeds 5 hours (unless otherwise stipulated in the employment contract)
Maximum Deductions Room and Board In situations where board and/or lodging are furnished by the employer, the deductions from the minimum wage cannot exceed:
  • $68.20/week for board and lodging, or
  • $55.55/week for board, or
  • $15.45/week for lodging, or
  • $3.65/meal
Employers cannot charge for a meal that the employee did not receive.
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year, or
  • 3 weeks/year after 15 consecutive years of employment
Vacation pay:
  • 4% of wages/year, or
  • 6% of wages after 15 consecutive years of employment
For more information, visit Province of Newfoundland and Labrador Employment Standards
Nova Scotia
Prevailing Wage $10.40 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 24 consecutive hours/7-day period
Meal breaks:
  • one 30-minute break if work shift exceeds 5 hours, or
  • one additional 30-minute break if work shift exceeds 10 hours
Maximum Deductions Room and Board In situations where board and/or lodging are furnished by the employer, the deductions from the minimum wage cannot exceed:
  • $68.20/week for board and lodging, or
  • $55.55/week for board, or
  • $15.45/week for lodging, or
  • $3.65/meal
Employers cannot charge for a meal that the employee did not receive.
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year, or
  • 3 weeks/year after 8 years of employment
Vacation pay:
  • 4% of wages/year, or
  • 6% of wages after 8 years of employment
For more information, visit Province of Nova Scotia Labour Standards Code
Ontario
Prevailing Wage $11.00 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods Daily rest period:
  • 11 hours, or
  • 8 hours between shifts unless:
    • successive shifts total no more than 13 hours, or
    • otherwise stipulated in the employment contract
Weekly rest period:
  • 24 consecutive hours, or
  • 48 consecutive hours/2 consecutive work weeks
Meal breaks:
  • 30 minutes if work shift exceeds 5 hours (break may be split in 2)
Minimum rest periods and limits on hours of work do not apply in specified emergency Footnote 1 situations.
Maximum Deductions Room and Board

Deductions from the minimum wage cannot exceed:

  • $31.70/week for a private room, or
  • $53.55/week for meals, or
  • $2.55/meal, or
  • $85.25/week for a private room and board
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year
Vacation pay:
  • 4% of wages/year
For more information, visit Province of Ontario Ministry of Labour, Employment Standards
Prince Edward Island
Prevailing Wage $10.20 per hour, $10.35 per hour on
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 48 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 24 consecutive hours/7-day period
Meal breaks:
  • one 30-minute break if work shift exceeds 5 hours
Maximum Deductions Room and Board In situations where board and/or lodging are furnished by the employer, the deductions from the minimum wage cannot exceed:
  • $56.00/week for board and lodging, or
  • $45.00/week for board, or
  • $25.00/week for lodging, or
  • $3.75/meal
Employers cannot charge for a meal that the employee did not receive.
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year, or
  • 3 weeks/year after 8 consecutive years of employment
Vacation pay:
  • 4% of wages/year, or
  • 6% after 8 consecutive years of employment
For more information, visit Province Prince Edward Island Department of Community Services, Seniors and Labour
Quebec
Prevailing Wage $10.35 per hour
Maximum Hours 40 hours/week (refer to MIDI contract)
Paid Overtime
  • After 40 hours/week
Overtime rate:
Minimum Rest Periods
  • 32 consecutive hours/week (subject to the provisions on the staggering of working hours on a basis other than a weekly basis)
Meal breaks:
  • one 30-minute break if work shift exceeds 5 hours
  • must be paid if the employee is not authorized to leave the work location during the meal break
Maximum Deductions Room and Board Deductions are not allowed for room and board
Vacation Leave and Pay Requirements Vacation leave:
  • 1 day/month (up to 2 weeks) for an employee with less than 1 year of employment, or
  • 2 weeks/year, or
  • 3 weeks/year after 5 consecutive years of employment
An additional week of unpaid vacation leave can be taken by an employee entitled to less than 3 weeks of vacation.

Vacation pay:
  • 4% of wages/year, or
  • 6% after 5 consecutive years of employment
For more information, visit Province of Quebec Commission des normes du travail
Saskatchewan
Prevailing Wage $10.59 per hour
Maximum Hours 44 hours per week
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
The employee has the right to refuse to work after 44 hours/week (except in case of an emergencyFootnote 1).
Minimum Rest Periods
  • 8 consecutive hours/day except in case of an emergency Footnote 1, or
  • 2 consecutive days/7-day period
Meal breaks:
  • one 30-minute break for every 5 consecutive hours of work if work shift exceeds 6 hours/day.
  • must be paid if the employee is required or permitted to work or to be at the disposal of the employer during a meal break
Maximum Deductions Room and Board $250.00/month for room and board
Vacation Leave and Pay Requirements Vacation leave:
  • 3 weeks/year, or
  • 4 weeks/year after 10 years of employment
Vacation pay:
  • 3/52 of wages/year, or
  • 4/52 of wages after 10 years of employment
For more information, visit Province of Saskatchewan Labour Standards
Northwest Territories
Prevailing Wage $10.76 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 8 hours/day except in case of an emergencyFootnote 1, or
  • 24 hours/week
Meal breaks:
  • one 60-minute break if shift exceeds 5 hours (unless otherwise stipulated in the employment contract)
Maximum Deductions Room and Board $420 per month
Vacation Leave and Pay Requirements Vacation leave:
  • 2 consecutive weeks/year
Vacation pay:
  • 4% of gross earnings/year
For more information, visit Northwest Territories Employment Standards Act
Nunavut
Prevailing Wage $11.65 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 8 hours/day except in case of an emergencyFootnote 1, or
  • 24 hours/week
Meal breaks:
  • One 60-minute break if shift exceeds 5 hours (unless otherwise stipulated in the employment contract)
Maximum Deductions Room and Board $420 per month
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year
Vacation pay:
  • 4% of gross earnings/year
For more information, visit Nunavut Consolidation of Labour Standards Act
Yukon
Prevailing Wage $10.72 per hour
Maximum Hours 48 hours/week (or more if there is an employer/employee agreement indicating that the employee will work a specified number of hours in excess of the daily limit)
Paid Overtime
  • After 44 hours/week
Overtime rate:
  • 1.5 times employee's regular wage
Minimum Rest Periods
  • 8 hours/day except in case of an emergencyFootnote 1, or
  • 24 hours/week
Meal breaks:
  • One 60-minute break if shift exceeds 5 hours (unless otherwise stipulated in the employment contract)
Maximum Deductions Room and Board If supplied by or on behalf of the employer and there is an employment contract signed by the employee, providing for the deduction or payment, the maximum deduction for a minimum wage employee is $5/day for board or living quarters or both.

An employee who is paid more than minimum wage may be charged an amount that exceeds $5 per day provided the charge does not result in the employee getting paid less than the minimum wage, minus $5.
Vacation Leave and Pay Requirements Vacation leave:
  • 2 weeks/year
Vacation pay:
  • 4% of wages/year
For more information, visit Yukon Employment Standards Act

Footnotes

Footnote 1

Emergency circumstances means any sudden or unusual occurrence or condition that could not, by the exercise of reasonable judgment, have been foreseen by the employer.

Return to footnote 1 referrer

Recruitment and Advertisement

Employers are required to conduct recruitment efforts to hire Canadian citizens and permanent residents before offering jobs to Temporary Foreign Workers (TFW). However, there are cases where the employer is exempted from the recruitment and advertising requirement.

Exceptions to the recruitment and advertisement requirements

Emergency situations – abuse victims

The recruitment and advertisement requirements are waived in all provinces and territories when the employer is hiring a live-in caregiver who is already in Canada, but has been forced to leave his/her current place of employment due to a situation of abuse.

Abuse may include physical violence or any intentional physical contact that causes injury, such as physical or sexual assault or psychological abuse (e.g. threats or intimidation).

An emergency processing of the new employer's Labour Market Impact Assessment (LMIA) and the caregiver's work permit application is available to facilitate the fastest possible transition of the live-in caregiver to the new employer.

To be eligible for emergency processing, live-in caregivers must present documentation to Citizenship and Immigration Canada (CIC) from a professional such as a: doctor, medical professional, police officer, shelter worker, psychiatrist, psychologist or social worker, indicating abuse by their employer or someone in the employer's home.

Employer moving to another province/territory

The recruitment and advertisement requirements are waived in all provinces and territories, when the live-in caregiver moves with the employer to a different province or territory. However, the employer must apply to Employment and Social Development Canada (ESDC)/ Service Canada for a new LMIA that reflects the changes in wages (if applicable) and the new location of employment.

The live-in caregiver must also contact CIC to ensure that the changes are reflected in his/her existing work permit.

Live-in caregiver – already in Canada

The recruitment and advertisement requirements are waived in all provinces and territories when the employer is hiring a live-in caregiver who is already in Canada. The caregiver may be unemployed and available for work or may be looking for a job in a new household. However, the employer must apply to ESDC/Service Canada for a new LMIA.

The live-in caregiver must also contact CIC to ensure that the changes are reflected in her/his existing work permit.


Recruitment

Recruitment is the process of finding and selecting qualified employees. All employers are encouraged to conduct ongoing recruitment efforts, including advertising the job or contacting the underrepresented groups that face barriers to employment.

Employers do not need a third-party representative or recruiter to conduct recruitment on their behalf in order to hire a TFW. However, if employers choose to use the services of a third-party representative or a recruiter, they must pay for all the fees associated with this service. Employers cannot deduct or recover these recruitment fees from the wage of the worker.


Advertisement

A job posting is an announcement of an employment opportunity in a public medium such as newspapers, job posting websites, bulletin boards, etc. It provides a broad exposure of the vacancy to Canadian citizens and permanent residents in Canada who would be potential candidates for the position.

To meet the minimum advertising requirements, employers must advertise on the national Job Bank or its provincial/territorial counterpart in British Columbia, Newfoundland and Labrador, the Northwest Territories, Quebec (jobs must be advertised in French and may also be published in another language) or Saskatchewan. For the purposes of the Temporary Foreign Worker Program, in all cases, the advertisement must be posted under the employer's Canada Revenue Agency business number, whether the ad is being posted directly by the employer or by a third-party representative on behalf of the employer. The advertisement must be posted:

  • for a minimum of 14 calendar days starting from the first day the ad appears and is accessible to the general public;
  • during the 3-month period prior to the employer applying for an LMIA;
  • under the title or category of "Private household"; and
  • for one live-in caregiver position only (one ad per position).

Note:

Employers advertising positions on Emploi Quebec's Online Placement service should be aware that the Terms of Use have been updated, resulting in MAJOR changes to the Language of work and language of publication section. As a result, in order to have a position posted for an English speaking caregiver, the employer must select the language French AND English. In addition, no French words are allowed in the English advertisement (and vice-versa); otherwise it will be refused by Emploi Québec.

Although it is not required, employers are also encouraged to advertise:

  • on recognized employment websites such as Monster, Workopolis;
  • in local and regional newspapers, newsletters;
  • in ethnic newspapers and websites;
  • in local stores, places of worship, community resource centres; and
  • in local and regional employment centres.

The advertisement must include the:

  • Title: Live-in caregiver (include for a senior, child or person with disability);
  • Terms of employment: full-time and live-in;
  • Salary: wage offered;
  • Location: community/neighbourhood location or major intersection;
  • Skills requirements:
    • Education: secondary school or equivalent. (If an individual with post-secondary education is targeted, the advertisement should indicate "post-secondary education is an asset" as the requirement for a live-in caregiver is secondary school or equivalent.
  • Experience: Under the LCP, employers can only request an individual who has worked as a full-time caregiver or in a related occupation for a minimum of 1 year and up to a maximum of 2 years (including 6 months with the same employer) during the past 3 years. Although candidates may have more experience this would not be considered when assessing the application in order to ensure that all Canadians and permanent residents have an opportunity to apply for the available position.
  • Work setting: private home;
  • Work location information: reside in private household for the duration of employment; private accommodation will be provided; amount charged for the room and board (if applicable)
  • Employer's name: for privacy reasons only the first name of the employer is required; however, it cannot be the name of a third-party representative or recruiter; and
  • Contact information: telephone or cell phone number, email address, fax number, or mailing address. The contact information of an authorized third-party representative or recruiter can be used.

Note:

Third-party representatives or recruiters can be the main contact for any job advertisements posted on behalf of the employer. However, the ad must be listed under the employer's Canada Revenue Agency business number.


Additional Advertisement Efforts

Employers may be required to conduct alternative or additional advertisement efforts such as, increased duration (length of time) or broader advertisement (whether local, regional or national). These additional efforts would be required if Employment and Social Development Canada (ESDC)/Service Canada determines that it would likely yield qualified Canadian citizens and permanent residents who are available to work in the occupation and region.


Proof of Advertisement

Employers must demonstrate that they meet the advertising requirements by providing proof of advertisement and the results of their efforts to recruit Canadian citizens and permanent residents (e.g. copy of advertisement and information to support where, when and for how long the position was advertised). Records of the employers' efforts should be kept for a minimum of 6 years, as stipulated in provincial/territorial and federal legislation, such as the Income Tax Act. ESDC/Service Canada may request these documents for future assessments.

Note:

Advertisement criteria vary slightly in the province of Quebec. For further information, consult Hiring Temporary Foreign Workers in Quebec.

How to Apply

Employers who want to hire a temporary foreign worker (TFW) must submit the Labour Market Impact Assessment (LMIA) application along with all the required supporting documentation to Employment and Social Development Canada (ESDC)/Service Canada.

In essence, employers are applying for an opinion on the impact that hiring a TFW would have on Canada's job market. As a result, it is important that employers follow all the necessary steps and submit all of the required documentation.


Provincial/territorial variations to the application process

If the job is located in the province of:


Step-by-step – Checklist

Employers must follow the step-by-step checklist to ensure that all the documents required are submitted, otherwise there will be delays in the processing of the application.

  1. Download (PDF 157 KB, 2 pages) or print this How to Apply page. Complete and submit this checklist as part of the application package.
  2. Agree to all of the Requirements outlined in the Live-in Caregiver Program.
  3. Agree to provide the Wages and Working Conditions required in the province/territory of employment.
  4. Undertake the required Recruitment and Advertisement efforts.

    Complete, sign (where applicable) and submit the following documents:

  5. LMIA Application Form (EMP5093).
    Note:
    • If there is more than one live-in caregiver position available within the same household, the employer must submit a separate application for each position.
  6. Schedule A - Appointment of a Third Party Representative (EMP5575) (if applicable).
  7. Employment Contract (EMP5498).
    Note:
    • Employers in Quebec must submit the employment contract required by MIDI only.
  8. Live-in Caregiver Bedroom Description (EMP5579)
  9. Copy of Canada Revenue Agency (CRA) Notice of Assessment.
  10. Copies of advertisements, applicable in most cases.
  11. Documentation that provides proof of one of the following:
    1. age and parentage for each child under 18 years old (provide one of the documents listed):
      • copy of long form birth certificate
      • adoption certificate
      • official guardianship, or
      • medical doctor's note confirming the pregnancy and due date;
    2. age for each senior, 65 years or older (provide one of the documents listed):
      • copy of birth certificate
      • passport, or
      • old age security card;
    3. disability for each disabled person (provide one of the documents listed):

Send all documentation:
For positions located anywhere in Canada (including Quebec) – mail or fax applications to:

Temporary Foreign Worker Program
Service Canada - Centre of Specialization
PO Box 6500
Station Don Mills
Toronto  ON  M3C 0L4

Fax:
416-954-3107
1-866-720-6094 (toll-free)

For assistance - phone:
Within Canada and the United States: 1-800-367-5693 (toll-free)
Outside Canada and the United States: 506-546-7569

Next Steps

Employment and Social Development Canada (ESDC)/Service Canada will assess the Labour Market Impact Assessment (LMIA) application submitted by the employer to determine what impact hiring a temporary foreign worker (TFW) would have on Canada's job market. Based on the application and the documents received, the Department will issue a positive or negative LMIA.


Labour Market Impact Assessment - Assessment Process

All LMIA applications go through a systematic assessment process to:

  1. Verify if the employer is:
    1. eligible to participate in the Temporary Foreign Worker Program (TFWP). The list of ineligible employers appears on Citizenship and Immigration Canada's (CIC) website; and
    2. using an authorized third-party representative, if applicable.
  2. Verify the consistency of the job offer with federal/provincial/territorial agreements.
  3. Assess the genuineness of the job offer. The assessment is based on whether the:
    • job offered to the TFW is consistent with the employment needs of the employer;
    • employer can fulfil the terms and conditions of the job offer;
    • employer or the third-party representative is compliant with the relevant federal-provincial-territorial employment and recruitment legislation;
    • live-in caregiver will reside in the private household and provide care without supervision to a child, senior or disabled person;
    • employer will provide adequate private furnished accommodations in the household where the care is required; and
    • employer has sufficient financial resources to pay the wage offered to the TFW.
  4. Assess the language requirement of the job offer, to ensure that English and French are the only languages identified as a job requirement, unless employers can demonstrate that another language is a bona fide requirement for the job.
  5. Assess:
    • the impact of hiring a TFW on the labour market including:
      1. wages and working conditions offered;
      2. occupation in which the TFW will be employed;
      3. employer's recruitment and advertisement efforts;
      4. benefits to the labour market;
      5. consultations, if any, with the appropriate union; and
      6. the effect on the settlement of a labour dispute.
    • previous job offers that the employer has made to a TFW within the 2 years preceding the date of the new LMIA application. This is to determine whether the employer has provided substantially the same (STS) wages, working conditions and occupation as outlined on the previous positive LMIA letter and annex or employment contract.

In addition, as part of the assessment process, ESDC/Service Canada will ensure that the employer has met all the Program Requirements.

Once the application has been assessed, the employer will receive a positive or negative LMIA letter. To increase Program integrity, only the employer will receive the letter, even if a third-party representative was appointed. However, the third-party will receive a notification that a decision has been made on the application.


Positive LMIA

A positive LMIA is valid for 6 months from the date of issue, (except in Quebec where it is valid 3 months after the issuance of the Certificate of Acceptance (CAQ) by the ministère de l'Immigration, de la Diversité et de l'Inclusion (MIDI)). For privacy reasons, the letter will not include the name of the TFW. However, it provides specific details about the job offer, such as the wages, working conditions and occupation as well as a system file number. The name of the worker will appear in Annex B which is intended for the employers' records only, and is NOT to be shared with the TFW as it is not required for the purposes of applying for a work permit.

Once the positive LMIA letter is received, it is the employer's responsibility to:

  • send a copy of this letter and the employment contract, signed by the employer, to the TFW.
  • ask the TFW to apply to CIC for a work permit. The TFW must include with the work permit application a copy of the positive LMIA letter and the employment contract signed by both the employer and the worker.

Provincial/territorial Variations

If the job is located in the province of:

Quebec - Employers must:

  • send to the TFW a copy of the:
    • positive LMIA letter issued jointly by ESDC/Service Canada and the MIDI;
    • Quebec CAQ issued by MIDI; and
    • employment contract signed by the employer.
  • ask the TFW to submit this documentation along with the work permit application to CIC. Visit CIC's Web site to find a Canadian Visa Office.

British Columbia - If the employers have not submitted part 2 of the registration form, they must do so within 30 days from the date of hiring the live-in caregiver.

Work Permit

CIC will then assess the TFW's work permit application. If the assessment is positive, the TFW will receive a work permit to be able to work for a specific employer, under established working conditions and for a particular duration in Canada.

Note:

  • Some countries may require that their citizens meet certain conditions if they want to work in Canada as live-in caregivers (e.g. approval to leave the country). Employers should:
    • ask the TFW to verify if additional conditions apply,
    • contact the consulate of the foreign worker's country in Canada; or
    • visit the consulate's Web site.

Once the live-in caregiver arrives in Canada, the employer must:

  • ensure that the worker is authorized to work as a live-in caregiver and check the duration of the work permit;
  • verify that the caregiver's work permit issued by CIC indicates either the:
    • name of the individual hiring the live-in caregiver as the authorized employer; or
    • live-in caregiver has an open work permit that does not mention the employer's name, as the caregiver has completed the 24-month work duration requirement and has applied for permanent residency.
  • keep records of the number of regular and overtime hours the TFW has worked on a weekly/monthly basis. This information is required if the caregiver plans on applying for permanent residency.

Note:

Employers are not allowed to take away the TFW's identification documents such as passport, work permit or other identification.

Employers do not need to apply for a new LMIA if they want to extend the stay of their current live-in caregiver beyond the work permit's expiry date, except if they move to another province or territory. However, they must provide the worker with a new job offer letter and employment contract indicating any revisions such as an increase in wages and the new expiry date. The live-in caregiver will need these documents to apply for a work permit extension.

The caregiver must complete and submit the application for an extension of work permit directly to CIC Case Processing Centre in Vegreville at least 30 days prior to the permit's expiry date. The application must also include:

  • a copy of the employer's letter of offer
  • a copy of the original employment contract
  • the applicable fee

Employers must apply for a new LMIA if they are not extending the stay of their current live-in caregiver but wish to hire a new caregiver. The new LMIA application should be sent at least 4 months prior to the expiry of the caregiver's work permit to allow ESDC/Service Canada and CIC sufficient time to process the applications.

Note:

On April 1, 2011, CIC introduced a regulatory amendment that establishes a 4-year cumulative duration limit that a TFW can work in Canada. This 4-year limit means that TFWs reaching or close to reaching the 4-year cumulative duration limit may have their work permit application refused or its duration limited. In addition, they will not be granted another work permit to work in Canada for 4 years. As a result, starting April 1, 2015, the first TFWs could begin to reach the 4-year limit and therefore be denied a renewal of their work permits.

The maximum cumulative duration regulation does not apply to live-in caregivers who have applied for permanent residency and received an approval in principle letter from CIC.


Revocation of an LMIA

The revocation of an LMIA means overturning the decision based on new information, which changes the opinion from positive to negative.

An LMIA may be revoked if it has not yet expired, work permits or permanent residence visas have not been issued by CIC, and if one or more of the following circumstances apply:

  • The employer has provided materially false or misleading information.
  • New facts or information are brought forward after a positive LMIA has been issued, that would have changed the assessment of the application, resulting in a negative LMIA.
  • The opinion was based on an unintentional error as to some material fact.

The revocation of an LMIA is based on reliable and documented evidence that confirms that the new information or altered circumstances would have had an impact on the assessment of the factors listed under section 203 of the Immigration and Refugee Protection Regulations (IRPR).


Negative LMIA

ESDC/Service Canada issues a negative LMIA letter if the employer does not meet all the Program Requirements.


Employer Compliance

ESDC/Service Canada takes the integrity of the TFWP very seriously. Employers hiring TFWs are expected to be compliant with the TFWP, by upholding the terms and conditions of employment as stated in the original job offer and set out in the positive LMIA letter and annexes.

Employers must also follow all federal/provincial/territorial employment regulations and laws, as all workers in Canada, including TFWs, have the same labour and human rights and social protections as all Canadians.

In accordance with amendments to the IRPR, (s. 203(1)(e)), all returning employers that have hired a TFW within the past 2 years and are submitting a new LMIA application may be subject to an employer compliance review.

This review, often known as an STS assessment, requires employers to demonstrate that the TFWs were provided with substantially the same:

  • wages;
  • working conditions; and
  • occupation, as set out on the positive LMIA letter and annexes.

More information is available in the Employer Compliance brochure.