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Immigration News – Minister Kenney announces improvements affecting temporary foreign workers, including live-in caregivers

New rules to strengthen Canada’s Temporary Foreign Worker Program were announced today by the Minister of Citizenship, Immigration and Multiculturalism.

Changes that were initially published in the Canada Gazette Part 1 on October 9, 2009 are now being implemented.

“The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation,” said Minister Jason Kenney. “We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada’s economic success.”

“These changes represent an important step. Temporary foreign workers help the Canadian economy by filling labour needs in sectors where Canadians or permanent residents are not readily available,” said Diane Finley, Minister of Human Resources and Skills Development. “Our government is taking action to improve the integrity of the program while ensuring that these people are afforded the necessary protections.”

Highlights of the changes, which come into effect on April 1, 2011, include:
a more rigorous assessment of the genuineness of the job offer;
a two-year prohibition from hiring temporary foreign workers for employers who fail to meet their commitments to workers with respect to wages, working conditions and occupation; and
a limit on the length of time a temporary foreign worker may work in Canada before returning home.

Employers seeking to hire temporary foreign workers, including live-in caregivers, will now be assessed against past compliance with program requirements before authorization can be granted. Employers found to have violated worker rights may be refused authorization to hire a foreign worker.

Canada’s Temporary Foreign Worker Program helps address temporary labour shortages by allowing employers to hire foreign workers when sufficient numbers of Canadian workers are not readily available. Without access to temporary foreign labour, many small businesses would not be able to function and would be forced into insolvency.

The Live-in Caregiver Program is a unique program within the Temporary Foreign Worker Program. It enables the entry of qualified caregivers into Canada when Canadians or permanent residents can’t fill job vacancies. After having completed the program’s requirements, Live-in Caregiver Program participants can then apply for permanent residence by virtue of their participation in the program. (Please see link to the backgrounder below.)
Improvements to the Live-in Caregiver Program

The Live-in Caregiver Program helps Canadians access live-in caregivers from other countries to provide child care, or support care for seniors or people with disabilities. The program enables the entry of qualified caregivers into Canada when Canadians or permanent residents can’t fill job vacancies. After having completed the program’s requirements, participants can apply for permanent residence by virtue of their participation in the program.

During consultations held throughout 2008 and 2009, program stakeholders told Citizenship and Immigration Canada ( CIC ) that the program’s participants were facing a number of challenges that stemmed, in large part, from their vulnerability to exploitation. The vast majority of Canadians who employ live-in caregivers have their best interests at heart. Nevertheless, it became apparent that more needed to be done to respond to the concerns mentioned above, while maintaining a program that helps a significant number of Canadians.

On December 12, 2009, a number of regulatory and administrative changes were proposed to improve worker protections and to make the transition to permanent residence through the program easier. The amendments to the regulations of the Immigration and Refugee Protection Act became law on April 1, 2010. The changes include:
Expanding the time frame in which caregivers are able to complete their two years of work in order to qualify for permanent residence. Caregivers now have four years to meet the requirements where they previously had three. This offers caregivers more flexibility to deal with life’s unexpected events.
A more flexible assessment of our requirements. Caregivers who work overtime may now use it to their advantage to apply for permanent residence sooner. They may now become eligible after:
3,900 hours over a minimum of 22 months, with a maximum of 390 overtime hours; or
Two years, at regular full-time rates.
Reducing uncertainty faced by caregivers. Some caregivers have been denied permanent residence on the ground that an illness was discovered in a standard second medical examination after a caregiver had completed the requirements of the program. CIC now has the authority to assess medical admissibility in an application for permanent residence based on the medical examination administered before coming to Canada as temporary residents. This means the elimination of the second standard medical examination all live-in caregivers were required to undergo in Canada, after having completed their two years of employment.

At the same time, a number of administrative changes were announced, including:
Mandatory clauses in the employment contract, which must address:
employer paid benefits, as described below;
accommodations;
duties;
hours of work, including overtime hours;
wages;
holiday and sick leave entitlements; and
terms of termination or resignation.
New employer-paid benefits, including:
transportation to the place of work in Canada from the live-in caregiver’s country of residence;
private medical insurance, prior to activation of provincial health coverage;
workplace safety insurance, or equivalent insurance if the former is not available; and
all recruitment fees associated with hiring a live-in caregiver.
Emergency processing of labour market opinions (the employer’s authorization to hire) and of new work permits for caregivers already in Canada who face abuse, intimidation or threats in their current jobs. A new caregiver telephone service offered through the CIC Call Centre, which helps to better inform caregivers living in Canada and employers of their rights and responsibilities under the program. Improved information products available to live-in caregivers, which are currently being developed.
Source: www.cic.gc.ca

Immigration News – Minister Kenney announces improvements affecting temporary foreign workers, including live-in caregivers

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