In-Home Caregiver Recruitment and Advertisement High-Wage Positions

Notice:
New recruitment requirements for the Temporary Foreign Worker Program are effective as of August 28, 2017

Employers must meet the recruitment and advertisement requirement for the stream based on the position for which they are hiring a caregiver: Employers will need to follow the:

• Stream for high-wage positions
• Stream for low-wage positions

 

Note: Employers cannot require a caregiver to live in their home. As a result, employers can only advertise the position with the option of the caregiver living in their home and it must be, at no cost to the worker.

High-wage Positions

 

As an employer, you must comply with all the Temporary Foreign Worker Program requirements for the position you are requesting. Learn about employer compliance and the possible consequences of non-compliance. You must also ensure that the employment you want to offer to a temporary foreign worker is for a full-time position which means that is has to be for a minimum of 30 hours of work/week.

Processing fee

Notice:
Effective December 8, 2017, families or individuals seeking to hire a foreign caregiver to provide home care for individuals requiring assistance with medical needs are exempt from paying the Labour Market Impact Assessment application processing fee. Families or individuals with a gross annual income of $150,000 or less, seeking to hire a foreign caregiver to provide childcare in their home to a child under 13 years of age, also qualify for the processing fee exemption.

You must pay $1,000 for each position requested to cover the cost of processing your Labour Market Impact Assessment application.

• The processing fee payment (in Canadian dollars) can be made by:Visa，MasterCard，American Express
• The processing fee will not be refunded if your application is withdrawn, cancelled or if your Labour Market Impact Assessment is negative. Refunds are issued only if a fee was collected in error.
• The processing fee cannot be paid by nor be recovered from the temporary foreign workers.

Third-parties

 

Use of a third-party

If you choose to use the services of a third-party representative (paid or unpaid), you must complete the appropriate section of the Labour Market Impact Assessment application form.

You must not recover the costs for the services of a paid representative from the temporary foreign worker.

We may communicate directly with you to verify information provided on the Labour Market Impact Assessment application from the third-party representative.

We will not mediate a dispute between you and a third-party representative nor communicate complaints to a regulatory body on your behalf.

If you have a complaint about your third-party representative, there are ways to get help.

Paid third-party representatives

You may choose to ask a third-party representative to act on your behalf when seeking to use the Temporary Foreign Worker Program to hire a temporary foreign worker. A paid representative must be authorized to collect a fee or to receive any other type of payment to act on your behalf or to advise you in the Labour Market Impact Assessment application process. An authorized third-party representative is:

• a member in good standing of a Canadian provincial or territorial law society or students-at-law under their supervision, or the Chambre des notaires du Québec
• a paralegal in the Province of Ontario’s law society
• a member in good standing of the Immigration Consultants of Canada Regulatory Council

Unpaid third-party representatives

An unpaid representative can also assist you but is not authorized to collect a fee or to receive any other type of payment for rendering services. An unpaid representative can be a:

• family member
• friend
• not-for-profit group
• religious organization

Business legitimacy

 

All employers applying to the Temporary Foreign Worker Program (TFWP) must supply documents along with their Labour Market Impact Assessment application to demonstrate that their business and job offer are legitimate.

Transition plan

 

A Transition Plan, valid for the duration of the employment of the temporary foreign worker, is a mandatory requirement to hire temporary foreign workers in high-wage positions. It describes the activities you are agreeing to undertake to recruit, retain and train Canadians and permanent residents and to reduce your reliance on the Temporary Foreign Worker Program. If you have never completed a Transition Plan before, you must submit one as indicated in the appropriate section of the Labour Market Impact Assessment application form for high-wage positions.

If you are applying for a Labour Market Impact Assessment and have previously submitted a Transition plan for the same position and work location, you must report on the results of the commitments you have made in your previous Transition plan (will be used to determine if the described activities had been undertaken).

Transition plan exemptions

The Transition plan requirement does not apply if the position you are requesting is for a:

• caregiver:
  • private household employers (under North American Industry Classification System (NAICS) code 8141) for caregiving positions, (specifically National Occupational Classification (NOC) codes 3012, 3233, 4411 and 4412); and
  • health care institutions (under two-digit NAICS 62) for caregiving positions (specifically NOC 3012, 3233 and 3413)
• position under the Seasonal Agricultural Worker Program, the Agricultural Stream and other primary agriculture occupations
• specialized occupation that qualifies for Quebec’s facilitated Labour Market Impact Assessment process (applicable only to the first request for the same job at the same work location)
• limited duration where:
  • the job is time-limited in nature and the employment duration may range from one day to a maximum of two years
  • there is no reasonable expectation that you could transition the position to a Canadian or permanent resident
    the job will not be filled after the departure of the temporary foreign worker as the position will no longer exist (for example, project-based occupations such as consultant for business management, specialized engineer for a dam construction project)
  • in some cases, repeat use of the specific position is the norm for the industry, but each employment duration is limited (for example, some Film and Entertainment positions; emergency repairs and warranty work)
• Unique skill – Skills or traits which belong to a specific individual and are not readily available in Canada (for example, NOC 00 occupations, hiring by a foreign government).

Recruitment

Recruitment is the process of finding and selecting qualified employees. As part of the Temporary Foreign Worker Program requirements, you must conduct recruitment efforts to hire Canadians and permanent residents before offering a job to a temporary foreign worker.