PR for caregivers, with conditions

PR for caregivers, with conditions

House Standing Committee on Citizenship and Immigration Report

THE STANDING COMMITTEE on Citizenship and Immigration of the House of Commons issued seven recommendations Wednesday (June 10, 2009) to change the Live-in Caregiver Program. Most significant among them is the recommendation to grant caregivers permanent resident status with conditions.

The report, titled “Migrant Workers and Ghost Consultants,” also issued a recommendation pertaining to the case of MP Ruby Dhalla and the caregivers’ complaints, asking “that the authorized bodies in the provincial and federal governments investigate the allegations of the former live-in caregivers in the Dhalla residence and take measures as appropriate.”

The following are the seven recommendations as quoted from the report:

“Recommendation 1

The Committee recommends that the Government of Canada grant live-in caregivers permanent resident status on certain conditions. In order to retain permanent resident status, a caregiver must accumulate 24 months of work during the first three years in Canada. Once the conditions have been met, caregivers have to provide evidence to Citizenship and Immigration Canada in order to have the conditions lifted.

Recommendation 2

The Committee recommends that the Government of Canada extend coverage under the Interim Federal Health Program to caregivers denied coverage under a provincial health plan.

Recommendation 3

The Committee recommends that the Government of Canada waive the requirement to obtain a study permit for live-in caregivers.

Recommendation 4

The Committee recommends that the Government of Canada ensure that orientation sessions for caregivers address the following subjects:

The requirement that the employer provide a statement of earnings with each pay cheque;

The need for the caregiver to have access to complete statements of earnings and deductions in order to meet the conditions for becoming a permanent resident; and

The procedure for opening a bank account.

Furthermore, in these orientation sessions, it should be made clear that the following behaviors are unacceptable, and in many cases subject to sanction. It should also be explained to which bodies each of these inappropriate behaviours should be reported:

Confiscating passports;

Failing to comply with the Canada Revenue Agency rules regarding pay and record of employment;
Failing to make required deductions;
Employing a caregiver without a work permit to work in their homes;
Paying less than the minimum required by provincial legislation;
Requiring caregivers to work longer than reasonable work hours;

Recommendation 5

The Committee recommends that the Government of Canada require employers to attend a briefing on the live-in caregiver program and the rights and responsibilities of all concerned, before a caregiver can start work.

Recommendation 6

The Committee recommends that the Government of Canada implement as soon as possible the changes set out in the Committee’s 7th Report as well as those of this report in order to ensure that all participants have the necessary knowledge and opportunity to participate in the live-in caregiver program to their advantage and to ensure that the rights of temporary foreign workers are upheld.

Recommendation 7

The Committee recommends that the authorized bodies in the provincial and federal governments investigate the allegations of the former live-in caregivers in the Dhalla residence and take measures as appropriate. Further, the Committee requests that these government bodies, upon completion of their investigations, send the result to the Committee.”