Hire an In-Home Caregiver – Wages, Working Conditions and Occupations
Note: Under no circumstances, can an employer recover the health insurance costs from the TFW.
Workplace safety
Employers must always ensure that the TFWs they want to hire under the TFW Program are covered from the provincial/territorial workplace safety insurance provider, where required by law. In provinces/territories where the provincial/territorial legislation allows employers the flexibility to opt for a private insurance plan, employers must ensure:
- that any private plan chosen provides the same level of compensation to that offered by a province/territory (for example, must provide the same or better coverage than that offered by the province/territory)
- that all employees on the worksite are covered by the same provider
Employers enquiring about private insurance plan equivalency should contact the provincial/territorial workplace safety authority.
The coverage purchased by the employer must correspond with the TFWs’ first day of work in Canada and the costs must not be recovered from the TFWs.
Employment contract
All employers of in-home caregivers must prepare and sign an employment contract. Although employers are not required to use the contract template provided, they must ensure that the contract used, contains all of the mandatory information and clauses. For positions in the province of Quebec, the ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI) has its own requirements concerning the employment contract between an employer and a worker providing in-home care.
In the event that differences arise between the employer and the TFW, the contract will guide the resolution of disputes. In cases where the dispute cannot be resolved between the 2 parties, the employer or the TFW may contact the Ministry of Labour in the province/territory where the work is being performed.
ESDC/Service Canada has no authority to intervene in the employer-employee relationship or to enforce the terms and conditions of the contract.
Third-parties
Employers do not need to use the services of a third-party representative to apply for a foreign worker. However, employers who choose to use the services of 1 of these individuals or organizations must pay for all of the fees associated with the service and meet all of the applicable requirements.
Representatives assist employers by providing services, such as:
- explaining and providing advice on the TFWP
- completing and submitting the application form and all required documents
- communicating with ESDC/Service Canada on the employer’s behalf
- representing the employer during the application process
Employers who wish to use the services of a third-party representative, paid or unpaid, must complete the appropriate section of the LMIA application form. Employers must identify their representative and not simply the firm/organization employing this person.
Paid representatives
Individuals representing or assisting employers in exchange for compensation (for example, money, goods or services) must be authorized under section 91 of the Immigration and Refugee Protection Act (IRPA), which means they have to be a member in good standing with:
- a Canadian provincial/territorial law society, or a student-at-law under its supervision
- the Immigration Consultants of Canada Regulatory Council (ICCRC)
Employers should visit Immigration, Refugees and Citizenship Canada (IRCC) to verify that a specific representative is authorized to represent them or provide immigration advice.
3. Wages, working conditions and occupations
Employers applying for a Labour Market Impact Assessment (LMIA) must pay the TFW at a minimum, the posted prevailing wage for the occupation and work location where the TFW will be employed.
Employers must refer to the median wage published on Job Bank to determine the prevailing wage.
Process to determine the prevailing wage of the position
Use the job title of the available position and conduct a search on Job Bank to determine the median wage for the occupation and work location where the TFW will be employed:
- if the median wage is available on Job Bank, employers must pay the worker a wage that is equal or above that median wage for the economic region where the work will be located
- in Quebec the prevailing wage rates are determined based on labour market information wage data published by Emploi-Québec (in French only)
- if the median wage is listed as “n/a” for the local area (economic region) where the work is located, employers should consult the provincial/territorial level wage. If this wage is not available, employers should consult the national wage
To determine the median wage on Job Bank:
- go to Compare wages on 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
Prevailing wage
Under the Temporary Foreign Worker Program, the prevailing wage rate is identified as the median hourly wage (or annual salary as published on Job Bank) or higher for the particular occupation and work location. Employers must also ensure that they include the wage being paid for the position, as part of their advertisement of the available position.
