New Rules For Nannies And Foreign Workers To Canada

20 Aug 2010

According to the federal government, consultations held over the past two years revealed that employers were exploiting some live-in caregivers because the system made them vulnerable.

With effect from 1 April 2011, the Canadian government will apply a more rigorous assessment of jobs for foreign workers to ensure that offers are legitimate. These new rules will affect the live-in caregivers and temporary foreign workers, and the people who hire them.  Also, there will be a four-year limit on the amount of time a foreign worker can be employed in Canada. After that, the employer must return home and wait for four years before they can work in Canada again.

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.

The assessment will take into account about the rules followed in the past before hiring a nanny or temporary foreign worker. If the record is not worth, the necessary permit to hire foreign workers will be denied. Also, employers failing to meet commitments to workers will face a two-year prohibition on hiring foreign workers.

Jason Kenney, the immigration minister said,'The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation.'

That limit does not affect eligibility for permanent residence.

"The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation," explained immigration minister Jason Kenney.

"We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable."

Under the law, caregivers can apply for permanent status after two years of regular full-time employment. With the changes, that time frame can be sped up if the person works a lot of overtime or can be extended if they work less than full-time hours or need time off because of illness or factors.