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Live-In Caregivers

The Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA) applies to foreign nationals working as live-in caregivers or seeking work as live-in caregivers in Ontario. For example, if you are working or looking for work under the federal Live-In Caregiver Program, the Act would apply to you.

This information sheet gives a summary of your rights under the EPFNA. As a live-in caregiver employed in Ontario, you also have rights under the Employment Standards Act, 2000 (ESA) to standards such as the minimum wage and limits on hours of work. You have the right to receive an information sheet about your ESA rights, titled Your Employment Standards Rights: Foreign Live-in Caregivers, along with this information sheet.

A recruiter cannot charge you any fee

A recruiter is anyone who finds or tries to find you employment, helps another person in finding you employment, or refers you to someone to help you find employment in Ontario. The recruiter cannot charge you any fees. For example, he or she cannot charge you a fee for your Labour Market Opinion (LMO), work permit, or anything else required for you to begin work in Canada. Additionally, you cannot be charged a fee for extra services such as orientation, resume writing, interview preparation, or First Aid training sessions. The recruiter cannot charge you a fee for these services even if they are optional. In addition, no person working on behalf of a recruiter can collect a fee from you.

Your employer cannot charge you for hiring costs

If your employer paid fees or incurred other costs to hire you, he or she cannot recover these hiring costs from you. This means that your employer cannot charge these costs to you and cannot deduct them from your wages. This includes costs for all the same work-related charges and fees that your recruiter is prohibited from charging you such as for your LMO or work permit………………………………………………..

For full details please view: Employment Protection for Foreign Nationals Act (EPFNA effective April 1, 2010)

Effective April 1, 2010, all employers applying for a Labour Market Opinion under the Live-in Caregiver Program and wishing to hire foreign live-in caregivers must meet the following requirements:

Health Insurance

Employers of foreign live-in caregivers are now responsible for paying for their caregiver’s health insurance at no cost to the caregiver until he/she becomes eligible for provincial health coverage. Employers are not permitted to recoup these costs from live-in caregivers.

Workplace Safety

Employers of foreign live-in caregivers are now required to enrol their caregivers in provincial workplace safety insurance (also known as worker’s compensation) or comparable insurance if the former is not available. This must be done at no cost to the caregiver. Employers are not permitted to recoup these costs from live-in caregivers.

Recruitment and Third Party Fees

Employers who wish to use a recruitment agency or third party agency to hire a foreign live-in caregiver must pay for all the services provided by the agency or third party, and must pay all fees and costs associated with such a recruitment or third party agency. Employers are not permitted to recoup recruitment fees or other costs associated with the use of such an agency or third party from the caregivers…………………………….

For full details please view: Employer HRSDC changes to the Live-In Caregiver program

Foreign National Live-in Caregivers

As a foreign national working as a live-in caregiver in Ontario, you have employment standards rights under the Employment Standards Act, 2000 (ESA). You also have protections under the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA). You have the right to receive an information sheet about your EPFNA rights along with this information sheet……………………..

For full details please view: Your Employment Standards Rights