Service Canada Live-In Caregiver Program

 

Below are the new changes and requirement, an employer must comply, in obtaining a Labor Market Opinion from Service Canada under the Live-In Caregiver Program.

Advertising Requirements

Live-in caregivers can help families care for children, seniors or persons with disabilities.

You will be considered to have conducted the minimum recruitment efforts required if you:

A secondary source of advertisement (e.g., newspaper, recognized Internet site, in the community) is encouraged but not required.

When advertising on the national Job Bank, you can provide as “Contact Information” your telephone, cell phone or fax number, or an e-mail or P.O. Box address. The “Contact Information” can also be that of the third-party representative.

When you apply for a live-in caregiver you must always include:

  • Your employer business number from the Canada Revenue Agency

  • A Recruitment Report providing proof of advertisement (on the national Job Bank and any other additional source) and detailing the number of respondents and the reasons why they were not considered.

You must always sign the Recruitment Report even if a third-party representative is acting on your behalf. 

The advertisement must include:

  • Title: Live-in caregiver (include for a senior, child or person with disabilities)

  • Terms of employment: Full-time and live-in

  • Salary: Wage being offered

  • Location: Community/neighbourhood location or major intersection

  • Skills requirements:

    • Education: Secondary school or equivalent

    • Experience: One year or more of full-time experience during the past three years

  • Work setting: Private home

  • Work location information: Reside in a private household for the duration of the employment; private accommodations provided; amount of room and board charged (if applicable)

  • Employer's name: Employer or third party representative where applicable. (Please see Qs and As).

  • Contact information: Telephone or cell phone number, e-mail address or PO Box number. The “Contact Information” can also be that of a third-party representative

Recruitment Report

When you apply for a Labour Market Opinion, you must provide a recruitment report to demonstrate that you meet the advertising requirements. It must include proof of advertisement and the results of efforts to recruit Canadians or permanent residents (e.g., information on the qualifications of Canadian applicants and why they were rejected). Records of your efforts should be kept for a minimum of six years, as stipulated in certain provincial and federal laws, such as the Income Tax Act.

HRSDC/Service Canada reserve the right to require alternative or additional advertising efforts (i.e., increased duration (length of time) or broader advertisement (whether local, regional, or national)) if, HRSDC/Service Canada deems that additional efforts would yield qualified Canadian citizens or permanent residents who are available to work.

Employer Authentication

In order to strengthen the integrity of the Live-in Caregiver Program, you are required, when applying for a LMO, to:

  • Provide your Canada Revenue Agency Business Number;

  • Submit an attestation -  (PDF 69KB) signed by a guarantor testifying to your identify;

  • When applicable, indicate that you are applying to replace a caregiver who was unable to come to Canada (even though you received a positive LMO); failure to do so will result in a refusal.

Third-party Representative

A third-party representative acting on your behalf can advertise for a live-in caregiver on the national Job Bank (or the equivalent in Saskatchewan, Quebec or the Northwest Territories) and on any secondary source (e.g., newspapers, recognized Internet sites, in the community). In all cases, the third-party representative :

  • Must be prepared to provide, if requested by HRSDC/Service Canada, your Canada Revenue Agency Business Number;

  • Can include his “Contact Information” on the advertisement;

  • Can only post one advertisement per live-in caregiver position (a single ad for multiple positions is not permitted);

  • Must provide a Recruitment Report to demonstrate that the position was advertised and include the number of applicants and why they were not considered;

  • Who advertised for more than one position for the same employer or multiple employers, must mention it in the LMO application and Recruitment Report;

  • Must have the employer sign the Recruitment Report (the third-party representative cannot sign the Report).

HRSDC/Service Canada sends a confirmation letter to the employer. The third-party representative receives a letter notifying him that the confirmation letter was issued.

Source: Service Canada Temporary Foreign Worker Program

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