Nanny Canada

The official newspaper of the Government of Canada, “Canada Gazette”, published “Regulations Amending the Immigration and Refugee Protection Regulations” with changes to the Live-in Caregiver Program:

It is proposed that all live-in caregivers no longer be required to complete a medical examination when they apply for permanent
residence. Instead, the medical examination completed to qualify for the initial work permit/temporary residence as a live-in caregiver
would be assessed for excessive demand in anticipation of the applicant applying for permanent residence under the LCP
rather than just for temporary residence.

By eliminating one of the two medical examinations and requiring that live-in caregivers, at the time of their application for a work permit, be assessed with a long-term view in anticipation of their application for PR status under the LCP, administrative processes would be streamlined and cost savings for live-in caregivers could be achieved. The examination at the work permit/temporary resident stage would continue to screen for infectious disease and the chance of contracting such a disease after arriving in Canada would be minimal.

REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

1. Section 30 of the Immigration and Refugee Protection Regulations1 is amended by adding the following after subsection (2):

Exception (2.1) A foreign national who has applied for permanent resident status and is a member of the live-in caregiver class is not required to submit to a medical examination under subsection (1).

2. (1) The portion of paragraph 113(1)(d) of the Regulations before subparagraph (i) is replaced by the following:

(d) they entered Canada as a live-in caregiver
and for at least two of the four years immediately
following their entry or, alternatively, for at least
3,900 hours during a period of not less than
22 months in those four years,

(2) Subsection 113(2) of the Regulations is replaced
by the following:
Calculation (2) For the purposes of paragraph (1)(d),
(a) the periods of two years and 3,900 hours may
be in respect of more than one employer or
household, but may not be in respect of more
than one employer or household at a time; and
(b) the 3,900 hours are not to include more than
390 hours of overtime.

For more info go to http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-19/pdf/g1-14351.pdf.

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The federal government announced steps Saturday to better safeguard foreign caregivers from abuse and exploitation, but opposition critics said the changes Immigration Minister Jason Kenney is proposing won’t provide full protection.

The revised regulations stem from months of consultations with caregiver groups, and Kenney expressed hope they will allow a better life for people who come to Canada to become nannies.

“To ensure they’re not subject to abusive situations, to ensure they’re not exploited by unscrupulous consultants and to ensure they have a fair, clear pathway to permanent residency,” Kenney told a news conference.

Among the changes Kenney is planning to the Live-in Caregiver Program is elimination of the requirement for caregivers to undergo a second medical exam.

The measure was proposed by Juana Tejada, a Toronto nanny who developed cancer while working as a caregiver and was initially denied permanent resident status when she failed her second medical examination.

The changes would also give nannies up to four years to complete a total of two years’ work needed to apply for landed-immigrant status. Currently the limit is three years.

The government hopes the change will prevent events like pregnancies or loss of employment from stopping live-in caregivers from meeting government requirements.

Those wanting to hire a nanny from overseas would have to pick up the cost of bringing them to Canada and provide medical coverage until the nannies are eligible for provincial health plans. They would also have to pay any fees to recruiters, Kenney said.

“No longer will caregivers be paying people to get the jobs to work in Canada,” Kenney said.

The government is also going to require caregivers’ employers to clearly outline job duties, hours of work, overtime and holidays, sick leave, and termination and resignation terms.

Employers who provide significantly different wages, working conditions or occupations than they promised may be blacklisted.

The public will have 30 days to comment on the changes before the final version takes effect sometime next year. (According to CTV News)

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