Minister of Citizenship, Immigration and Multiculturalism Jason Kenney said on Sunday that changes have been proposed to the rules that govern live-in caregivers.

The proposed changes include that employers will have to cover the costs of the caregivers’ travel to Canada, their workplace safety insurance and any recruiting fees owed to third parties as well as the cost of their medical insurance until they are eligible for provincial health coverage. Applicants will also no longer have to receive a second medial examination.

Foreign live-in nannies will also now have up to four years to complete the two years, or 3900 work hours, necessary to gain landed status as opposed to the previous three. Ten per cent of their overtime hours will also be included in this calculation. A caregiver hotline as well as emergency processing of work permits when a change in employment is urgently needed have also been created.

Kenney spoke to a group of people at the Toronto Kababayan Community Center, where people had been urging change on behalf of Canada’s Filipino community.

Further changes will ensure employers have clearly stated to the employee their expectations with regards to job duties, sick leave, resignation and termination procedures and terms, as well as holiday, overtime and sick days.

“The government of Canada is proposing measures that would make it easier for live-in caregivers to gain residency, making the program more flexible for caregivers and to better protect their rights,” said Kenney.

The changes are expected to be implemented in 2010, and the exact text of the proposed plan will be published on December 19 of this year.

Employers hiring foreign workers will soon be required to prove compliance of the terms and conditions of employment with respect to Labour Market Opinion (LMO) applications. The changes are in the proposal stages but many of the recommendations will likely be implemented concerning compliance with obligations that employers must meet in terms of employment contracts, labour conditions and wages offered to foreign workers.  These changes will come in addition to the familiar advertising and recruiting requirements that employers have to follow when applying for LMOs to Service Canada.

If Service Canada, formally HRSDC, approves an employer’s LMO application, the foreign worker has to then apply for a Canadian work permit at his or her Canadian Embassy abroad.

These new compliance rules are designed to “protect” foreign workers from abusive practices by Canadian employers wishing to take advantage of newcomers to Canada.

A lot of bureaucratic “red tape” for employers and foreign workers wishing to contribute to Canada’s economy. While there have been documented cases of abuse, Canadian employers on the whole are, in my view, ethical and nevertheless have to comply with the Employment Standards Act for all employees.

Stay tuned for the details!

Hello. I was laid off from a construction firm early this year and I am on an LMO. Instead of going back home I stayed in Canada to find some work. Now my work permit is expired. I applied for a 90-days restoration of status to stay in Canada while waiting for a new job but my LMO will expire this week.

These are my questions

1. Can I renew my work visa in Canada?

2. Can I file another restoration to stay while waiting for a new job?

3. What are possible solutions I can follow to remain in Canada?

Thank you sir!!

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If you are on a work permit based on a positive LMO (Labor Market Opinion) from Service Canada, then both your LMO and Work Permit cease to be valid. You should have applied for a change in status to a temporary resident if this happens. If you wait until after your work permit expires, then you can apply for a restoration of your status within 90 days of the expiry date. Since you did that, you can stay in Canada until a final decision is made. Given you were laid off from your job you can not apply for a renewal of your work permit but rather a new one once you find a new job. But first your new employer must apply for a new LMO.

During all this time, make sure you are in valid status in Canada as a temporary resident.

Hello

I am a Director of Photography and Director in Los Angeles , California.

A local production company hired me to shoot their next feature film which will be shot in Los Angeles for about 80% of the production. However, some scenes have to be shot in Canada, and that leads to my question.

What work permits if any would I need to shoot parts of that feature in Canada?

Thanks in advance

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Hello,

Your question raises some important issues. In some cases,  you do not require a Labor Market Opinion (LMO), which can be onerous to get, in order to obtain your Canadian work permit.

In the film industry there are some important LMO exemptions as follows:

Under the Immigration and Refugee Protection Act (IRPA), there are specific cases where employers in the film and entertainment industries do not need an HRSDC job offer confirmation (LMO), or the foreign workers do not need a Citizenship and Immigration Canada (CIC) work permit.

Foreign Workers who do not need a Canadian work permit or an HRSDC labour market opinion include:

1. Producers of film, television, video and documentary projects funded entirely from outside of Canada. It is essential that producers submit correspondence from their company providing information pertaining to the film production and the length of time the producer will be required to stay in Canada.

2. All foreign workers entering Canada to take employment under the terms of a film co-production agreement between Canada and any other country are exempt from the LMO.

3.Individuals and groups who purchase services or rent equipment furnished by recording and film studios in Canada may be admitted without work permits if they meet the criteria of R187.

Is it necessary for an employer to apply for an LMO for someone who is already employed permanently?

One of our staff members’ work permit is expiring soon, and we’re not sure if we need to apply for another LMO for him in order to renew his work permit.

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First of all, when someone is on a work permit, it is never permanent. Work permits are always temporary and always have an expiry date. Also when issued an LMO (Labor Market Opinion) from Service Canada, that too has an expiry date. In most cases, the validity of a work permit and an LMO have the same expiry date. If this is the case, then your company will have to apply for a new LMO for this employee and once that is approved, then a new work permit.

You should note that there has been some recent changes to the LMO procedure. See our blog on the subject here.