This fact sheet provides a brief outline of employment standards provisions that apply to live-in caregivers in each province and territory. This is applicable to live-in caregivers as well as domestic workers.
It is worth highlighting that the federal government runs the Live-in Caregiver Program (LCP). Despite this, employment standards legislation pertaining to caregivers and domestic workers falls within provincial and territorial jurisdiction. As such, federal legislation only applies to certain specific sectors including:
- The banking sector
- The transportation sector (including interprovincial and international transportation)
- The telecommunications sector
- The broadcasting sector
- The grain handling sector and,
- The uranium mines sector
Federal legislation applies to the above-mentioned sectors based on the provisions specified in the Canada Labour Code and the Immigration and Refugee Protection Regulations (IRPR).
It bears mentioning that the provisions specified in provincial and territorial employment standards legislation and their scope could vary from one jurisdiction to another. In other words, the minimum working conditions prescribed by the law will not be identical across Canada for live-in caregivers or domestic workers. In fact, in several provinces, the law makes no distinction between live-in caregivers and the more general category of ‘domestic workers’.
Employers and live-in caregivers would need to sign an employment contract. This contract would need to clearly specify and define the rights and responsibilities of both parties. As mandated by law, the terms and conditions of the employment contract would need to be consistent with various provincial or territorial employment standards and labour laws. This is in accordance with the provisions specified in the Immigration and Refugee Protection Regulations (IRPR).
In some provinces and territories, the employment standards legislation does not – either in part or in whole – apply to live-in caregivers. For instance, some provinces and territories do not specify the minimum wages applicable for these caregivers. In this scenario, Employment and Social Development Canada (ESDC) would need to determine the wage rate that the employers will need to pay. Similarly, in some parts of the country, Employment and Social Development Canada (ESDC) would require employers to pay wages that are higher than the minimum wage rate. Typically, this would apply in cases where the prevailing wage paid for this kind of work is higher than the minimum wage rate applicable.
Thus, it follows that officers would need more information on employment standards and labour laws applicable in various provinces and territories. For this, they would need to consult the list of websites specified below. It is worth mentioning that the details given below could change without prior notice.
In addition, it is worth highlighting that the website of Employment and Social Development Canada (ESDC) provides a table of regional wages, working conditions and advertisement requirements for the Live-in Caregiver Program (LCP).
Province or Territory |
Website |
Notes |
Alberta |
http://www.employment.alberta.ca/SFW/1224.html |
Available in English only |
British Columbia |
http://www.labour.gov.bc.ca/esb/ |
Available in English only |
Manitoba |
http://www.gov.mb.ca/labour/standards/ |
|
New Brunswick |
http://www2.gnb.ca/content/gnb/en/departments/post-secondary_education_training_and_labour/labour.html |
New Brunswick’s Employment Standards Act and Regulations do not apply to persons working in private homes. As such, live-in caregivers have no protection under provincial employment standards legislation. This makes it all the more important to specify the working conditions as clearly as possible in the employment contract. |
Newfoundland and Labrador |
http://www.gov.nl.ca/lra/faq/labourstandards.html |
|
Northwest Territories and Nunavut |
http://www.ece.gov.nt.ca/sections/employment |
|
Nova Scotia |
http://novascotia.ca/lae/employmentworkplaces/ |
|
Ontario |
http://www.labour.gov.on.ca/english/es/ |
|
Prince Edward Island |
http://www.gov.pe.ca/index.php3?lang=E |
|
Quebec |
http://www.cnt.gouv.qc.ca/en/home/index.html |
|
Saskatchewan |
http://www.saskatchewan.ca/ |
Saskatchewan’s Labour Standards Act and Regulations do not apply in the same way to ‘care providers’ as they do to domestic workers. This is because the authorities have given both categories of workers unique definitions. As such, the minimum employment standards would also vary based on whether or not the employee lives with the employer.
Available in English only |
Yukon Territory |
http://www.community.gov.yk.ca/es.html |
Most provisions of the Employment Standards Act apply to domestics. As such, these provisions would apply to domestic homemakers as well. However, the Act does not cover sitters working in a private residence solely for attending to a child or to a disabled, infirm or other person. This is in accordance with the provisions specified in the General Exemption Regulations. |
Source: Immigration and Citizenship