Hire an In-Home Caregiver – Wages, Working Conditions and Occupations

Multiple employers

Private household employers can partner with another employer (maximum of 2 official employers), to share the responsibilities of hiring an in-home caregiver. For example, 2 adult children may act as employers of a caregiver for an incapacitated parent. In situations that involve multiple employers, only 1 application is required; however both employers must meet all of the program requirements and sign all documents (for example, Labour Market Impact Assessment (LMIA) application, employment contract, bedroom description form (mandatory in the case of a live-in caregiver).

Canada Revenue Agency business number

Individuals hiring a foreign caregiver are considered employers and must obtain a business number (BN) from the Canada Revenue Agency (CRA) to:

• meet the initial registration requirements for advertising on the national Job Bank website or its provincial/territorial counterpart
• apply for a TFW
• pay the worker’s wage (including vacation pay)
• make deductions from the worker’s wage as prescribed by the law and the TFWP
• issue pay stubs, statements, remuneration paid (T4) or Records of Employment (ROE)

Record of Employment

Under the provisions of the Employment Insurance Act, all employers are required to provide a Record of Employment (ROE) when an interruption of earnings occurs for an employee. This requirement applies whether the employee is a Canadian or a foreign worker. The ROE, which indicates the wages paid and the number of weeks the TFW worked, is required by the foreign worker as proof to qualify and apply for permanent residency. TFWs also need the ROE to apply for Employment Insurance benefits.

Proof of individual requiring care

Employers must provide proof that they or a dependant is in need of care. The documentation that must be submitted along with the application form includes proof of 1 of the following:

• age and parentage for each child under the age of 18 (provide 1 of the documents listed):
  • long form birth certificate
  • adoption order
  • official guardianship, or
  • medical doctor’s note confirming the pregnancy and the due date
• age for each senior, 65 years or older (provide 1 of the documents listed):
  • birth certificate
  • passport, or
  • Old Age Security identification card
• disability, chronic or terminal illness for each disabled, chronically or terminally ill person (provide 1 of the documents listed):
  • completed Schedule H – Medical disability, chronic or terminal illness certificate (EMP5600) form, signed and dated by the physician, or
  • physician’s note attesting that the patient has a disability, chronic or terminal illness and that he/she requires access to a live-in caregiver

Financial ability

To hire a foreign in-home caregiver, employers must demonstrate their financial ability to pay the caregiver’s wages. Service Canada will assess the financial ability of the employer by using the Low Income Cut-Offs (LICO) produced by Statistics Canada. To have their financial ability assessed, employers must complete the Financial ability section of the LMIA application form. If the total is positive, the employer may be considered as having met the financial ability requirement.

As part of this assessment, employers must submit a copy of their Notice of Assessment (NOA) from the CRA with their LMIA application. The NOA submitted must be from the past year if your application is submitted after July 1. Please note that NOA’s submitted from previous years will not be accepted.