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http://www.gazette.gc.ca/rp-pr/p1/2009/2009-12-19/html/reg3-eng.html#rias

(This statement is not part of the Regulations.)

Issue and objectives

The Live-in Caregiver Program (LCP) is a stream of the Temporary Foreign Worker Program (TFWP) that facilitates qualified, low-skilled foreign workers entering Canada as live-in caregivers to care for children, elderly or disabled persons in the private home where the person being cared for resides, when there are not enough Canadians or permanent residents to fill available positions.

Employers must apply for and receive a positive or neutral labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC) or from Service Canada (SC). LMO applications from employers are reviewed by officers who consider, among other factors, whether the wages and working conditions are comparable to those offered to Canadians working in the occupation and if the foreign worker would be filling a labour shortage. Once their employer has a positive or neutral LMO, live-in caregivers can apply for a work permit. If they meet all the program criteria and satisfy additional criteria, including security and medical admissibility, they are issued a temporary work permit to work as a live-in caregiver in Canada.

After working as a live-in caregiver for two years within three years of their date of entry to Canada, LCP participants may apply from within Canada to become permanent residents. Currently, over 90% of foreign nationals who enter Canada as a live-in caregiver with a work permit apply for permanent residence (PR) through this stream, and of these applicants, 98% are successful.

Following engagement with stakeholders and live-in caregivers, various aspects of the program were raised, including those that are the subject of the proposed regulatory amendments discussed in this document.

For example, some live-in caregivers have experienced difficulty in obtaining the required experience within three years due to protracted illness or other circumstances beyond their control, which could result in their ineligibility for permanent residence. Others identified that they have felt pressure to remain in unsatisfactory employment to avoid failing to meet this requirement. The Standing Committee on Citizenship and Immigration, in its May 2009 report titled Temporary Foreign Workers and Non-status Workers, recommended that the time limit to achieve the requisite work experience be extended from three to four years.

In addition, live-in caregivers and stakeholders noted that live-in caregiver’s overtime hours are not reflected in their work experience component for permanent residence.

Another issue that was raised during the recent round table and in the Standing Committee report is that of the second medical examination. Currently, live-in caregivers must undergo two medical examinations, one as part of a work permit application prior to entry to Canada as a temporary resident, and another as part of their application for permanent residence. Due to the differing assessments of temporary and permanent residency applications, or due to changes in health over time, it is possible that a live-in caregiver be admitted as a temporary resident but denied as a permanent resident. Though this situation is rare (average three cases per year), it could unduly penalize live-in caregivers who have contributed to the Canadian economy. It is expected that if this requirement remains unchanged, these sorts of cases will continue to arise from time to time.

To address these program issues, CIC has recommended a multi-instrument approach combining administrative and regulatory changes. The former could include improved information products for live-in caregivers and mandatory clauses in employment contracts that stipulate how hours of work and overtime would be compensated and documented. The proposed regulatory amendments to the LCP would facilitate the attainment of the employment requirement for permanent residence status by live-in caregivers, provide flexibility in the way the experience requirement for permanent residence is calculated, and would improve efficiencies in the medical examination process (and reduce costs for live-in caregivers) by eliminating the second medical examination.

Both administrative and regulatory changes would improve the LCP while maintaining the objective of the program to respond to labour market shortages. They would also contribute to the Immigration and Refugee Protection Act objective to protect the health and safety of Canadians. This multi-instrument approach would also complement proposed regulatory changes to the TFWP intended to improve program integrity that were pre-published in the Canada Gazette on October 10, 2009. In particular, the proposed LCP changes would complement the proposed amendments related to a more rigorous assessment of the genuineness of offers of employment. They would also build upon the pre-published TFWP regulation that would make employers ineligible to access the TFWP for two years where the employer has been found, in the past, to have provided significantly different wages, working conditions and/or occupation than those initially offered to a temporary foreign worker.

Description and rationale

1. Increase the time allowed to complete the employment requirement from three years to four years

One of the requirements to qualify for permanent residence under the LCP is completion of two years of employment as a live-in caregiver within three years of arrival in Canada.

It is proposed that live-in caregivers would have four years, rather than three years, to complete the employment requirement of the LCP.

This would respond to concerns that some live-in caregivers are not able to gain the required two years of employment within three years of arriving in Canada for reasons beyond their control such as serious illness.

This regulatory amendment would apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

2. Allow an hours-based calculation of the employment requirement based on 3 900 hours within a minimum of 22 months

Live-in caregivers are currently required to complete two years of employment to qualify for permanent residence. The calculation of the two-year period is based on the start and end dates of employment, as outlined in the employment contract and termination/resignation documents.

It is proposed that live-in caregivers would have the option of selecting the current system for calculating the work requirement, or selecting a new hours-based calculation option of 3 900 hours of employment completed in a minimum of 22 months. A maximum of 10% of their overtime hours could be counted towards that work requirement, to ensure this new option does not encourage caregivers and/or their employers to seek excessive overtime hours of work.

An hours-based calculation of the employment criterion would more accurately reflect the actual accumulated work of some live-in caregivers, including overtime hours.

This amendment will apply, upon implementation, to all live-in caregivers, including those already in Canada, for whom a determination on permanent residence had not yet been made.

3. Conduct assessment of medical examination at the work permit application stage with a long-term view and eliminate mandatory medical examination at PR application stage

Live-in caregivers are currently required to undergo two medical examinations: one at the work permit/temporary residence stage before entering Canada and one at the permanent resident application stage, after a minimum of two years of work experience in Canada. Although both examinations are similar in that they test for health conditions that would pose a risk to public health and safety in Canada or create an excessive demand on the health or social systems in Canada, the difference lies in the manner in which excessive demand costs are calculated — short-term for work permit/temporary residence applicants and long-term for permanent residence applicants.

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. Based on the current costing thresholds used in the calculation of excessive demand, this change would mean that applicants who have a medical condition which would likely result in costs to the health or social systems in Canada of more than $5,000 per year over a five-year period (total of $25,000) would typically be deemed to be medically inadmissible due to excessive demand, at the work permit application stage.

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.

CIC would assume a one-time cost of approximately $25,000 in order to update LCP information products concerning these changes. All live-in caregivers applying for permanent residence, a modest estimated average of 10 000 per year for the next 10 years, would save the estimated average cost of the second medical examination of $125, which would be a savings of approximately $8,000,000 over 10 years (noting that full savings won’t be reflected until 2012, as some of those live-in caregivers who arrive in Canada prior to the potential implementation of this new initiative would still need to undergo a medical examination at the permanent residence application stage).

This change would apply to live-in caregivers whose applications for a temporary work permit and related medical examination have not already been reviewed. For some live-in caregivers already medically assessed as part of their work permit application (and therefore assessed on a short-term rather than long-term basis), results of the initial medical examination may be reassessed at the time of application for permanent residence, where concerns were identified at the initial examination stage.

Consultation

In developing the proposed regulatory amendments, CIC engaged key stakeholders, including live-in caregivers, through the Minister’s round tables in Vancouver on March 29, 2009, and with the employer community on September 9, 2009. Similar round tables were also held in Toronto on April 26, 2009, and Montréal on May 25, 2009. The Department also participated in a consultation organized by the Maytree Foundation, with several stakeholder organizations, on May 29, 2009. In addition to these specific consultations, the Minister and the Department have received numerous letters, papers and other submissions recommending changes to the LCP. It was through these consultations that live-in caregivers expressed their concern with the current three-year limitation, calculation of the eligibility requirement and medical examination requirements.

Furthermore, CIC has consulted with the Ministère de l’Immigration et des Communautés culturelles (MICC), and begun to work to coordinate these potential changes with the Government of Quebec processes. Officials-level consultations with other provinces and territories are planned for late November.

Implementation, enforcement and service standards

Necessary implementation measures, including training of current staff, would be funded out of resources already allocated. An implementation Working Group, comprised of CIC officials from all branches and divisions affected by these changes, will be established to ensure that all necessary procedures, systems support and communication tools will be in place prior to implementation. Standard evaluation of the implementation and impacts of the regulatory amendments would be conducted by program departments and is expected to be completed by 2013.

Service standards relating to processing of applications for permanent residence from live-in caregivers are not anticipated to be largely affected by these regulatory changes. For example, processing times are not expected to be impacted significantly by the elimination of the second medical exam.

Contact

Maia Welbourne
Director
Temporary Resident Policy and Program Development Division
Citizenship and Immigration Canada
Jean Edmonds Tower South, 8th Floor
365 Laurier Avenue W
Ottawa, Ontario
K1A 1L1
Telephone: 613-957-0001
Fax: 613-954-0850
Email: Maia.Welbourne@cic.gc.ca

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During a visit to India, January 18-22, 2009, the Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, and India’s Minister of Commerce and Industry, announced that Canada and India have agreed to initiate exploratory discussions towards a potential comprehensive economic partnership agreement.

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Canada and India took the next step toward a comprehensive economic partnership agreement (CEPA), as the Honourable Stockwell Day, Minister of International Trade and Minister for the Asia-Pacific Gateway, and Shri Anand Sharma, India’s Minister of Commerce and Industry, today signed papers to establish a joint study group.

The signing of this memorandum of understanding was witnessed by Prime Minister Stephen Harper and India’s Prime Minister, Dr. Manmohan Singh.

“We have seen significant progress since my first visit to India in January, where we announced the initiation of discussions. India has been most supportive. The creation of this joint study group marks an important step forward in our discussions,” said Minister Day.

“A comprehensive economic partnership agreement would help expand trade, open doors for Canadian exporters, encourage economic growth and create jobs in both our countries.”

The joint study group will be comprised of officials from both Canada and India. It will look at key sectors of interest and the possible parameters of a CEPA.

The group is expected to finalize its report within six months. A CEPA with India could deliver commercial benefits to many sectors of the Canadian economy, including forest products, nickel, aircraft, electrical machinery, fish and seafood products and agricultural products.

The Government of Canada held public consultations from March to April 2009 to seek input from Canadians on developing a CEPA with India.

This is Minister Day’s third visit to India since January. In September, the Minister opened the new trade office in Ahmedabad, in the state of Gujarat. With a total of eight trade offices in India, the Government of Canada has created one of Canada’s most extensive trade networks anywhere in the world.

Canadian two-way merchandise trade with India reached an all-time high of $4.6 billion in 2008, up 22.5 percent over 2007. Merchandise exports to India in 2008 totalled $2.4 billion—an impressive 35-percent increase over the year before—and the commercial relationship between the two countries continues to grow. From January to August 2009 alone, Canada’s exports to India were up by three percent despite the effects of the global economic downturn.

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Ottawa, November 12, 2009 — A new, more comprehensive study guide for Canadian citizenship was launched today by Citizenship, Immigration and Multiculturalism Minister Jason Kenney.

Discover Canada: The Rights and Responsibilities of Citizenship includes information on common values such as freedom, democracy, human rights, the rule of law and the equality of men and women. It promotes to immigrants and Canadian citizens alike a greater understanding of Canada’s history, values, symbols and important Canadian institutions, such as Parliament and the Crown. It also highlights the contribution of ethnic and cultural communities in shaping our Canadian identity and the sacrifices made by Canada’s veterans for our country.

“People come from all over the world to seek Canadian citizenship. It is highly valued,” said Minister Kenney. “We expect people who want to become Canadians to have a good understanding of their rights and responsibilities, and the values and institutions that are rooted in Canada’s history. By strengthening the guide, we are increasing the value of Canadian citizenship.”

In developing the study guide, Citizenship and Immigration Canada (CIC) consulted with a panel of prominent Canadians, including public figures, authors and historians. The new guide has also been reviewed by well-known organizations involved in citizenship promotion, such as the Historica-Dominion Institute, the Association of Francophone and Acadian Communities and the Institute for Canadian Citizenship.

“Discover Canada should be in the hands of not only new Canadians, but every high school student in Canada,” said Marc Chalifoux, Executive Vice-President of the Historica-Dominion Institute. “All citizens, whether they were born in Canada or not, need to understand how the institutions of this country came to be. This guide tells them how.”

These are the first substantive changes to the study guide since it was created in 1995.

“It is not easy to capture Canada—its geography, its people, its society and its history—in a brief document, but this one does a fine job,” said Canadian historian Margaret MacMillan of Oxford University, author of the bestselling Paris 1919.

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Ottawa, October 30, 2009 — Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism, tabled Citizenship and Immigration Canada’s 2009 Annual Report today in Parliament.

“While other countries have cut back immigration levels as a short-term response to the global economic downturn, our government is actually maintaining its immigration levels to meet the country’s medium- to long-term economic needs,” said Minister Kenney.

“Canada plans to welcome between 240,000 and 265,000 new permanent residents in 2010, the same number of immigrants as in recent years. In 2010, Canada will again welcome more new permanent residents than the average annual intake during the 1990s,” said Minister Kenney. “The focus of the 2010 plan is on economic immigration to support Canada’s economy during and beyond the current economic recovery.”

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