Ontario Provides Additional Protections for Foreign Nationals Working as Live-in Caregivers

Bill 210, Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), which was enacted to provide additional protections for foreign nationals employed as live-in caregivers in Ontario, received Royal Assent on December 15th, 2009. It will come into force on a date which has yet to be proclaimed by the Lieutenant Governor.

Once the Act takes effect, individuals who recruit and employ foreign nationals to provide live-in care for a child, senior or disabled person in their residence will have new restrictions and responsibilities in respect of those workers.

The Act specifically prohibits recruiters from charging foreign nationals a fee for any services provided, and prohibits employers for recouping from the foreign national the costs of arranging for that person to work in their home. Employers are also prohibited from retaining their caregivers’ passports. Reprisals by employers or recruiters against employees for seeking to enforce their rights under the Act are similarly prohibited.

In terms of positive obligations, recruiters and employers are now required to provide greater information to live-in caregivers regarding their rights. Documents published by the Director of Employment Standards, which will be available in several languages, must be provided to foreign nationals by the recruiter as soon as possible after their first contact or, where no recruiter was used, by the employer at the start of employment. Foreign nationals already employed as live-in caregivers when the Act comes into force must also be provided with such documents as soon as possible.

Recruiters and employers will also have a duty to retain certain information, including whether the employer paid a recruitment fee, and contact information for all parties involved.

In terms of compliance, the Ministry of Labour’s employment standards officers will have the authority to investigate complaints and perform proactive investigations. The officers may issue orders, including the repayment of fees that were charged to a live-in caregiver in contravention of the Act, orders to pay, and orders for reinstatement.

The passage of Bill 210 means increased protection for live-in caregivers, but places greater obligations on their employers. In particular, the restriction on recruiters’ and employers’ ability to recoup the costs associated with employing foreign nationals means that the full cost of recruitment will now lie with the employer. Bill 210 thus has the potential to increase the costs of hiring a foreign national as a live-in caregiver.