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.

A great deal has been written and played out in the media about the Ruby Dhalla-Nanny scandal.  For those of you on a desert island, Ruby Dhalla, an outspoken and very charismatic MP had allegedly hired three foreign live in caregivers (nannies), making them work 12 hour days, withholding their passports and sending them on jobs outside the home. Most concerning is the allegation that Ms. Dhalla hired these caregivers before they even received their Canadian work permits. Whether these allegations are proven true remains to be seen. But it appears that she has already been tried and convicted in the eyes of the media and her political career may have been irreparably damaged.

The important “lesson”  to come out of this scandal is that if you are a prospective employer of a foreign live in caregiver, you better pay attention to the rules and regulations pertaining to the Live in Care Giver program. Live in Caregivers have rights and contrary to what some believe, they are not indentured servants. The working conditions for Nannies are prescribed by the Employment Standards Act and are outlined specifically by the HRSDC website.

At our immigration law offices in Toronto and Hamilton, we process many applications for live in caregivers. We have also written about the Live in Caregiver Program calling for stricter regulations for “Nanny Agencies”  in a previous blog.

Making sure that not only do the applicants (the foreign nannies) qualify but ensuring that the employers understand their obligations to their nannys is essential.

Having a live in caregiver in your home can be a wonderful experience for you, your family members and for your nanny provided everyone plays by the rules.

Today, The Toronto Star reported on a work permit scam that is apparently on the rise in Canada – Live in Caregiver Recruitment pursuant to the Canadian Live in Caregiver work permit category. It sounds legitimate enough, but there are numerous legal issues involved.

The Live in Caregiver program allows foreign workers to come to Canada on work permits to work as caregivers for children or for the elderly for a two year period, after which they may be eligible to make an application for Canadian Permanent Residence. Live in Caregivers are required to “live in” the residences of their Canadian employer, full time during the two year period. Continue Reading »