August 3, 2009 - Statutory Holiday in B.C.

British Columbia Day - August 3, 2009 - is a statutory holiday

The first Monday of August is a legal holiday to be observed as "British Columbia Day".

More info about Statutory Holiday for nannies/caregivers working in British Columbia.

May 18 is the next Statutory Holiday in British Columbia

Victoria Day, Monday, May 18 is the next statutory holiday in B.C.

The nine statutory holidays in British Columbia are:

* New Years Day
* Good Friday
* Victoria Day
* Canada Day
* B.C. Day
* Labour Day
* Thanksgiving Day
* Remembrance Day
* Christmas Day

Easter Sunday, Easter Monday and Boxing Day are not statutory holidays.

Eligibility

To be eligible for statutory holiday pay an employee must:

* Have been employed for 30 calendar days before the statutory holiday and,
* Have worked or earned wages on 15 of the 30 days immediately before the statutory holiday.

Employees who work under an averaging agreement or variance at any time in the 30 days before the holiday do not have to meet the 15-day requirement.

No pay for ineligible employees.

An employee who is not eligible for statutory holiday pay is not entitled to be paid an average day’s pay. If an ineligible employee works on a statutory holiday he or she may be paid as if it were a regular work day.


Statutory holiday on a day off

When an employee is given a day off on a statutory holiday, or it falls on a regular day off, an eligible employee is entitled to be paid an average day’s pay.

An average day’s pay is calculated by dividing “total wages” earned in the 30 calendar days before the statutory holiday by the number of days worked. Vacation days taken during this period count as days worked.

“Total wages” includes wages, commissions, statutory holiday pay and vacation pay but does not include overtime pay.

Working on a statutory holiday

An eligible employee who works on a statutory holiday is entitled to be paid:

o time-and-a-half for the first 12 hours worked and double-time for any work over 12 hours; plus
o an average day’s pay.

Substituting statutory holidays

An employer and a majority of employees can agree to substitute another day off for a statutory holiday. The Act and Regulation apply to the substitute day as if it were the statutory holiday.

Live-in Caregiver Program in Canada

Live-in Caregiver Program in Canada

Employing foreign live-in caregivers when Canadian workers or permanent residents are not available, can help families care for children, the elderly or persons with disabilities.

Employers who want to hire live-in caregivers must apply to Human Resources and Skills Development Canada/Service Canada for a labour market opinion. A Labour Market Opinion assesses what impact hiring a foreign worker would have on Canada's labour market.

A foreign live-in caregiver who wants to work in Canada must have received a job offer from a Canadian employer and apply to Citizenship and Immigration Canada (CIC) for a work permit. The caregiver's application must include proof that the employer received a positive Labour Market Opinion from Service Canada.

Live-in caregivers who want to extend their stay in Canada must apply to Citizenship and Immigration Canada for an extension to their work permit. They can apply for a permanent resident visa if they worked in Canada for 24 months within a 36-month period.
It is important that you read the following pages which describe the conditions you must meet to hire a live-in caregiver and how to complete your application form. Applications that are filled incorrectly will delay processing times.

You must agree to the following conditions if you want to hire a live-in caregiver. He/she must:

* Work for you in a private home
* Live with you, the employer
* Have a private, furnished room within your home
* Be employed on a full-time basis
* Meet the requirements set by Citizenship and Immigration Canada for language, education and work skills necessary to function in the Canadian labour market.

A live-in caregiver cannot:

* Work for more than one employer at a time; and
* Work for a health agency or labour contractor, or in day care or foster care.

If you agree to all the conditions mentioned above, you can apply to Service Canada for a labour market opinion. The opinion will assess the impact hiring the live-in caregiver would have on Canadian jobs.

Hiring Live-in Caregivers - Procedures and Responsibilities

Are you an employer looking to hire a nanny under Live-in Caregiver Program? The following provides information regarding procedures and responsibilities on hiring foreign workers (according to Human Resources and Skills Development Canada).

Live-in Caregivers

Every year, Canadian employers hire thousands of foreign workers to help address skill and labour shortages. Human Resources and Skills Development Canada/Service Canada and Citizenship and Immigration Canada help ensure that foreign workers support economic growth in Canada. This information sheet is part of a series that provides information on hiring foreign workers and explores the role of Human Resources and Social Development Canada/Service Canada and Citizenship and Immigration Canada in managing the Temporary Foreign Worker Program. Procedures and responsibilities may vary among provinces/territories. It is important to check with representatives of the Temporary Foreign Worker Program at the nearest Service Canada Centre.

What is the Live-in Caregiver Program?

The Live-in Caregiver Program helps Canadians hire foreign workers to live and work in their homes to care for children, the elderly or people with disabilities. Service Canada works with employers who wish to hire live-in caregivers, while Citizenship and Immigration Canada works with foreign live-in caregiver applicants. Live-in caregivers may receive a work permit for up to three years if they meet Program requirements. Special conditions allow a foreign live-in caregiver to apply for permanent residency after working for two years in Canada.

What is the role of Human Resources and Skills Development Canada/Service Canada?

At the request of an employer, Service Canada develops a Labour Market Opinion by assessing the likely impact the caregiver will have on Canada’s labour market. As part of this “Labour Market Opinion,” Service Canada works case by case to ensure employers offer prevailing wage rates and acceptable working conditions. They also ensure the employer has made adequate recruiting efforts in Canada before making a job offer to a foreign worker.

What is the role of Citizenship and Immigration Canada?

Like many other foreign workers who wish to work in Canada, live-in caregivers require a work permit from Citizenship and Immigration Canada. Following receipt of a work permit application accompanied by a positive Labour Market Opinion, Citizenship and Immigration Canada determines if the caregiver is eligible to receive a work permit.

What is the role of the Canada Border Services Agency?

Border Services officers screen foreign workers at Canadian border crossings and airports to ensure that they meet admissibility requirements before issuing work permits and allowing them to enter Canada. A Border Services officer has the final say on who may enter the country.
Human Resources and Skills Development Canada/Service Canada works with employers who want to hire foreign workers. Citizenship and Immigration Canada and the Canada Border Services Agency work with foreign workers who want to work in Canada.

Who is responsible for labour standards?

The working conditions of temporary foreign workers are the responsibility of the department or ministry responsible for labour in each province or territory. Temporary foreign workers are covered by the same labour legislation and have the same rights as Canadian workers. Ninety percent of occupations are provincially/territorially regulated and employment and labour standards for those occupations are the responsibility of the provincial/territorial governments. The other 10 percent of occupations are federally regulated and the employment and labour standards fall under the Canada Labour Code. It is important to note that standards vary among provinces/territories. Please check with your ministry responsible for labour and employment standards.

What must employers do?

Employers request a Labour Market Opinion from Service Canada. In order to receive a positive opinion, employers must meet all the requirements listed below. Employers are responsible for informing the prospective live-in caregiver of the results of the Labour Market Opinion.

What is required of foreign workers to work temporarily in Canada?

Foreign workers need to apply to Citizenship and Immigration Canada for a work permit and provide a copy of the Service Canada letter confirming that the employer received a positive Labour Market Opinion.

How are applications to hire foreign live-in caregivers assessed?

An application to hire a foreign live-in caregiver will be assessed against the following criteria. The caregiver must:

• work full-time in a private home;
• live with the employer;
• receive a private, furnished room within the home;
• meet Citizenship and Immigration Canada requirements for language, education and work skills necessary to function in the Canadian labour market; and
• refrain from working for more than one employer at a time, or for a health agency, labour contractors, in day care or in foster care.

What is the application process?

Hiring steps vary for some provinces/territories, but generally,
Step 1: The employer submits a complete “Foreign Live-In Caregiver Application for Labour Market Opinion” (attaching a signed employer-employee contract), to the nearest Service Canada Centre where foreign worker applications are processed.
Step 2: Service Canada reviews the application according to criteria noted above, and develops a Labour Market Opinion.
Step 3: Service Canada sends a letter with the results of the Labour Market Opinion assessment to the employer, who then informs the foreign worker of the results.
Step 4: In the case of a positive Labour Market Opinion, the employer sends a copy of the Service Canada confirmation letter to the foreign worker.
Step 5: The foreign worker applies to Citizenship and Immigration Canada for a work permit, attaching a copy of the confirmation letter.
In British Columbia, employers must first register the live-in caregiver with the Ministry of Skills Development and Labour. Visit the Information for Domestic Workers and Employers.
Employers must also apply for a Quebec Acceptance Certificate when they want to hire foreign live-in caregivers to work in the province of Quebec. For further information, visit Immigration et Communautés culturelles.
Applications for a Labour Market Opinion under the Live-in Caregiver Program must be submitted to:

Service Canada
Foreign Worker Program
P.O.Box 6500
Toronto LCD
Downsview A,
Toronto, ON
M3M 3K4
Fax: 416-954-3107 or 1-866-720-6094 (toll free)

For more information about the Government of Canada’s Temporary Foreign Worker Program and how to hire foreign workers, visit the Temporary Foreign Worker Program, or Citizenship and Immigration Canada at Working temporarily in Canada.

Hiring a Live-in Caregiver - For Canadian Employers

Information for Canadian employers:
Hiring a live-in nanny – How to apply

As an employer, you are responsible for finding a foreign live-in caregiver through advertisements, personal contacts or hiring agencies. You then must go through the application process to hire them.
Learn about:

• Finding a caregiver
• Applying for a labour market opinion
• Work permits
• The contract
• Hiring in Quebec

Finding a caregiver

Your local Human Resources and Social Development Canada HRSDC/Service Canada centre can help you find an employee. They will also ask you to show that you have made reasonable efforts to hire a Canadian or a foreign worker already in Canada as a live-in caregiver.

Using a hiring agency

If you use a hiring agency, choose a reputable one. You should:

• find out what services the agency offers
• review your agency contract for information about the caregiver’s airfare or other costs you may be required to pay, and
• ask about guarantees and whether the company will replace an employee who quits (and if so, within what period of time and after what period of employment).

Ask the agency for references to ensure that the workers it recommends are qualified. You can also ask:

• How does the agency screen applicants?
• Does the agency have the resources to service clients?
• Does the agency check references and interview applicants in person?

Hiring a caregiver who is already in Canada

You can hire a live-in caregiver who is already in Canada and has a work permit.
Your offer of employment must first be confirmed by HRSDC. Give a copy of the letter from HRSDC confirming your job offer to the caregiver you wish to hire. The caregiver will need it to apply for a new work permit naming you as the employer. It is illegal for the caregiver to begin working for you without this permit.
You cannot hire a caregiver on a trial basis to find out if they are suitable. It is a crime to employ a worker who is not authorized by CIC.
When you have found a person you want to hire, contact your local HRSDC/Service Canada centre.

Applying for a labour market opinion

Your next step is to get a positive labour market opinion LMO from the HRSDC/Service Canada center. They will give you information on acceptable wage standards, taxes, health insurance, workers’ compensation and more.
You can request an LMO under the Live-in Caregiver Program for up to three years and three months (except in Quebec, where it is up to three years). An LMO is an assessment of the impact a job offer will have on the Canadian labour market.

Work permits

When the HRSDC/Service Canada centre has approved your offer of employment, you will get a letter of confirmation. The letter contains important information about immigration for live-in caregivers, including the work permit application process. It will also tell you which documents you must send to the caregiver which they will need for their application.
Caregivers found eligible and who meet all other requirements will be issued a work permit. This process may take several months, so plan ahead.
Even if your offer of employment is approved, your caregiver cannot work in Canada until he or she receives the work permit naming you as the employer. You should keep in contact so you know when he or she will be able to begin working for you.
Live-in caregivers have the right to change jobs without their employer’s permission and work for another employer as a live-in caregiver. Live-in caregivers cannot start working for someone new until the employer has an approved LMO and the live-in caregiver has a new work permit naming the new employer.
After a live-in caregiver has worked under the Program for two years within three years of their date of entry into Canada, they can apply for permanent residence. They may also wish to apply for an open work permit, which would allow them to work in Canada in any occupation.

The contract

You and the caregiver you hire are legally required to sign a contract. The caregiver’s responsibilities and your conditions of employment should be set out in the contract.
Note: The province’s labour laws take priority over the terms of the contract if the contract terms provide less than the law requires.
The wages will be set out in the contract. The minimum wage in your province or territory may be below the market wage in your community. Be prepared to pay a wage rate and provide benefits comparable to those provided to other caregivers in your community if you want to keep your employee.

Before you sign a contract

You should be sure of what you need from a caregiver before you decide if someone is suitable to work for you. Your employee will be living in your home where they will care for your children or other family members. It is important to choose the right person for your family. For example, ask if the applicant:

• smokes
• drives a car
• likes children or the elderly
• can cook
• observes any special customs or religious holidays
• will be eating the same food as your family or would prefer to buy or prepare separate meals, or
• other things that could affect suitability.

Some countries may have additional requirements for their citizens that we do not have here in Canada. For example, some countries have exit requirements whereby their citizens must apply and meet certain requirements to get approval to leave their country. Before you sign an employment contract, you should ask your caregiver about their country’s requirements and find out if there are additional requirements that may affect you. You can also contact the embassy for that country here in Canada or check their website.

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