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Citizenship and
Immigration Canada Minister Jason Kenney
proposed changes to the Live-In Caregiver
Program on December 12, 2009, the following are
the proposed changes.
News Release
Minister Kenney proposes significant
improvements to the Live-in Caregiver Program
Toronto, December 12, 2009 —
Citizenship, Immigration and Multiculturalism Minister Jason Kenney
announced today proposed regulations to better protect the rights of
live‑in caregivers and to make it easier for them and their families
to obtain permanent residence in Canada. The announcement follows
extensive consultations with caregiver groups from across the
country, as well as heartfelt testimony before the House of Commons
Standing Committee on Citizenship and Immigration.
The first proposed change to the Live-in Caregiver Program
eliminates the requirement for live-in caregivers to undergo a
second medical examination when applying to become permanent
residents, a change advocated by the late Juana Tejada.
Ms. Tejada developed cancer while working as a live-in caregiver.
She was initially denied permanent resident status when she did not
pass her second medical examination. It was only through special
ministerial intervention that she gained status in Canada on
humanitarian and compassionate grounds.
“Our government fully supports the ‘Juana Tejada Law.’ We propose to
implement this change in her honour, to ensure that no one else has
to endure this same painful experience,” said Minister Kenney.
Another proposed change will allow live-in caregivers who work
overtime to apply for permanent residence sooner. Currently, live-in
caregivers must work for two years within the first three years of
entry into the program before they can apply for permanent residence
in Canada. Unfortunately, events – such as pregnancies or loss of
employment – have resulted in some live-in caregivers not meeting
the two-year requirement.
Under the new measure, live-in caregivers would be eligible to apply
for permanent residence after 3,900 work hours – the equivalent of
working a standard work week for two years. Also, a portion of their
overtime hours could count toward the work requirement and enable
caregivers to apply for permanent residence sooner. Equally
important, these changes would also increase the time that live-in
caregivers are allowed to complete the work requirement from three
to four years.
“These important changes help fulfil Canada’s duty to those who care
for our young, our disabled and our elderly,” Minister Kenney said.
“The Government of Canada is taking action to protect foreign
workers from potential abuse and exploitation.”
Additional administrative changes to the program will also require
employers of live-in caregivers to pay for:
travel costs for live-in caregivers to come to Canada;
medical insurance until live-in caregivers become eligible for
provincial health coverage; and
workplace safety insurance and any recruiting fees owed to third
parties.
Employment contracts will have to spell out these employer-paid
benefits. They will also have to include clauses clearly outlining
job duties, hours of work, overtime and holidays, sick leave, and
termination and resignation terms.
Citizenship and Immigration Canada (CIC) will work closely with
caregiver groups to improve information packages that live-in
caregivers receive before they leave for Canada. CIC will also set
up a dedicated live-in caregiver hotline. Emergency processing of
work permits and new authorization requests from employers to hire a
live-in caregiver will help caregivers when they need to change
employers urgently. Live-in caregivers will continue to be able to
apply for study permits when they want to take courses longer than
six months; they do not need study permits for shorter courses.
Today’s announcement builds on recently proposed regulatory changes
to the Temporary Foreign Worker Program. Employers found to have
provided significantly different wages, working conditions or
occupations than they promised may be put on a blacklist making them
ineligible to hire a live-in caregiver for two years under the
Temporary Foreign Worker Program. Employers on this blacklist could
be identified on the Citizenship and Immigration Canada website in
order to inform prospective and current temporary foreign workers of
ineligible employers.
The Live-in Caregiver Program helps Canadians recruit caregivers to
live and work in the homes of those they care for in order to
provide child care or support for seniors or people with
disabilities. The program facilitates the entry of qualified
caregivers into Canada when there is a shortage of Canadians or
permanent residents to fill available live-in caregiver positions.
Because of Canada’s ageing population, the program is expected to
grow in the years ahead. In 2008, Canada admitted 12,878 live-in
caregivers.
The proposed changes to the Live-in Caregiver Program will be
published in the Canada Gazette on December 19 for a 30-day comment
period open to all Canadians. Final regulatory changes will be
published after this period.
For more information on the proposed regulatory amendments, consult
the following: Regulatory Impact Analysis Statement.
For further information (media only), please contact:
Alykhan Velshi
Minister’s Office
Citizenship and Immigration Canada
Alykhan.Velshi@cic.gc.ca
CIC Media Relations
Communications Branch
Citizenship and Immigration Canada
613-952-1650
CIC-Media-Relations@cic.gc.ca
http://www.cic.gc.ca/english/department/media/releases/2009/2009-12-12.asp
Our comment
While majority of
the changes are good for the Live-In Caregiver,
especially the medical and the extension of the
Live-In Caregiver Program to 4 years. The
concern that we have in the employment agency
industry and Association of Caregiver & Nanny
Agencies ACNA (Canada) would be the cost of
airfare. While it would be beneficial, on paper,
to the Live-In Caregivers outside Canada, the
additional cost to the employer may make the
Live-In Caregiver Program less attractive to
Canadian employers. It is a fact that when
Live-In Caregivers arrive in Canada, many leave
their employment for petty reasons. Based on the
response from our Canadian employers, they will
not pay the airfare with no guarantees. If the
Live-In Caregiver arrives in Canada and leaves
her employer, it would be unfair for the
Canadian family to bear the cost. It would make
Canadian families vulnerable to abuse and
exploitation.
For this reason, if
the government of Canada does not change its
proposal on the cost of airfare, there would be
less Canadian employers willing to employ foreign
Live-In Caregivers. This would in turn make the
Live-In Caregiver Program a less attractive
alternative for childcare, elderly care, care
for the disabled and special needs. If there
will be less Canadian families wanting to employ
foreign Live-In Caregivers, this would affect
overseas Live-In Caregivers wanting to come and
work in Canada.
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