IN-HOME CAREGIVER RECRUITMENT AND ADVERTISEMENT LOW-WAGE POSITIONS

You must demonstrate that you have made efforts to recruit qualified Canadians and permanent residents by providing these documents as proof of advertisement with your application:

• a copy of the advertisement and information to support where, when and for how long the position was advertised
• proof that the print media and websites used to advertise target an audience that has the appropriate education, professional experience or skill level required for the occupation
• proof of other recruitment activities (for example, invoice from Job Fair)

Variations to the advertising requirements

In certain circumstances, there are variations to the advertising requirements for specific occupations and in particular provinces/territories. Consult the variations list to determine if one of them applies to the requested position.

Wages

Wages offered to temporary foreign workers should be similar to wages paid to Canadian and permanent resident employees hired for the same job and work location, and with similar skills and years of experience.

For the purpose of the Temporary Foreign Worker Program, you must pay the prevailing wage which is defined as the highest of either:

• the median wage on Job Bank
• the wage that is within the wage range that you are paying your current employees hired for the same job and work location, and with the same skills and years of experience

To determine the median wage on Job Bank:

• go to Job Bank
• in the “Job search” field, enter the job title or the NOC code that best describes the duties and requirements of the position
• the hourly median wage will be listed in the middle column, by community or area. If the median wage is listed as ‘’N/A’’, consult the provincial/territorial wage. If it is not available, consult the national wage

If the position requires additional skills and years of experience over the applicable NOC description, the wages offered should reflect these additional requirements.

For the purpose of determining the wage rate being offered, we will only consider guaranteed wages, which exclude:

• overtime hours
• tips
• benefits
• profit sharing
• bonuses
• commissions
• other forms of compensation

Variations to the wage requirements

In certain circumstances, industry-specific wage rates have been identified and are considered as the prevailing wage rate during the assessment of the application. These sectors have unique wage requirements:

• Pharmacy students (excluding the Province of Quebec)
• Pharmacy interns (excluding the Province of Quebec)
• Program leaders, instructors (recreation, sport and fitness)
  • Camp counsellors (Ontario)
  • Snow sport instructors (British Columbia, Alberta, Saskatchewan and Manitoba)
• Cold Lake
• International medical graduates in Quebec
• Fee for service physicians

If you want to hire a temporary foreign worker for a job in the province of Quebec, you must consult the wage table provided by the ministère de l’Immigration, de la Diversité et de l’Inclusion (French only).

Job duties and working conditions

The temporary foreign workers you hired, as a result of a positive Labour Market Impact Assessment, must only perform duties that correspond to the occupation they were hired for.

Canadian law protects all workers in Canada, including temporary foreign workers. The exploitation of temporary foreign workers is considered a violation of Canadian laws and human rights.

Employment in most occupations is covered under provincial/territorial legislation that deals with labour and employment standards such as:

• hours of work (including overtime)
• compensation
• working conditions
• transportation costs (where applicable)
• housing costs (where applicable)
• termination of employment

Every province or territory has a Ministry of Labour that can provide information to assist employers and temporary foreign workers with questions or issues related to work. Some employers are federally regulated and, therefore, are covered by the employment standards under the Canada Labour Code.

Transportation

You must pay for the round trip transportation costs for temporary foreign workers to arrive at their work location in Canada at the beginning of their work period, and to return to their country of residence at the end of their work period.

If the temporary foreign worker finds a new employer, who was issued a positive Labour Market Impact Assessment, the new employer is responsible for the transportation costs.

The transportation costs must not be recovered from the temporary foreign workers.

Housing

You must provide or ensure that suitable and affordable housing is available for the temporary foreign worker you will employ.

For the purpose of the Temporary Foreign Worker Program, Canada Mortgage and Housing Corporation definitions are used to determine the suitability and affordability of housing:

• Suitable housing: does not require any major repairs, according to residents. Major repairs include those to defective plumbing or electrical wiring, or structural repairs to walls, floors or ceilings.
• Affordable housing: costs less than 30% of the temporary foreign worker’s before-tax income. Shelter costs include, rent (or mortgage payment) and any payments for electricity, fuel, water and other municipal services.

We may ask for proof (for example newspaper ads) that affordable housing is available.

Health care

You must ensure that the temporary foreign workers you want to hire in low-wage positions are covered by private, provincial or territorial health insurance from the first day they arrive in Canada. If provincial or territorial health care cannot be provided, you must pay for the equivalent private health insurance until the temporary foreign workers become eligible for the provincial/territorial plan.

Workplace safety

You must always ensure that the temporary foreign workers you want to hire under the Temporary Foreign Worker Program are covered from the provincial or territorial workplace safety insurance provider, where required by law. Where the provincial or territorial legislation allows employers the flexibility to opt for a private insurance plan, you must ensure that:

• any private plan chosen provides better or the same level of compensation to that offered by a province or territory
  all employees on the worksite are covered by the same provider
• If you are enquiring about private insurance plan equivalency, contact the appropriate provincial or territorial workplace safety authority.

The coverage you purchased must correspond with the temporary foreign workers’ first day of work in Canada and the costs must not be recovered from the temporary foreign workers.