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

Transportation

Employers of low-wage in-home caregivers must always pay for the transportation costs (for example, plane, train, boat, car, bus) of the caregiver to the work location in Canada. These costs must be paid up-front to ensure that they are not part of any negotiations related to the employment contract. This process helps protect temporary foreign workers, who may be tempted to accept alternative travel arrangements in return for a job offer.

Employers may have a financial agreement with any member of their family to pay for the transportation costs.

Transportation costs may include:

• transportation from the caregiver’s country of current residence to the work location in Canada
• transportation from the caregiver’s current residence in Canada to the new work location
• gas expenses when the caregiver drives his/her personal car to the new work location
• return transportation from the caregiver’s current residence in Canada to his or her original country of residence

Employers should know that:

• the mode of transportation selected must reduce the travel time, expenses and inconvenience to the caregiver
• under no circumstances, can an employer recover the transportation costs from the TFW

Transportation costs paid by the employer do not include:

• hotels, meals and miscellaneous expenses during the caregiver’s travel to the work location
• transportation or other expenses for vacations or emergency trips

Employers must keep records (for example, invoices, receipts, copies of flight itineraries, tickets, boarding passes) of all transportation costs paid, for a minimum of 6 years. This information may be required as proof if employers re-apply for a subsequent LMIA or if they are selected for an inspection.

Housing

Employers cannot require a caregiver to live in their home. However, if an employer and foreign caregiver decide that a live-in arrangement is the most suitable, for the needs of the person requiring care or to assist the TFW, there are certain criteria that must be met. Specifically, employers must ensure the:

• accommodation is being provided in the home of the person receiving care
• accommodation is private and furnished bedroom
• bedroom door has a lock and safety bolt on the inside
• bedroom meets the municipal building requirements and the provincial/territorial health standards
• foreign caregiver is not charged room and board for the accommodations, as per the policy, under the TFWP

Employers must complete the Bedroom description section of the LMIA application form.

Employers of low-wage in-home caregivers, who are not providing live-in accommodations, must ensure that suitable and affordable accommodation is available to the TFW. In addition, these employers should be prepared to provide proof (for example, newspaper ads) that affordable housing is available in the community where the TFW will be employed. Meanwhile, employers of high-wage in-home caregivers do not have to meet this requirement.