Employer's Responsibility to a live-in Employee

You must provide acceptable working conditions, reasonable duties and fair market wages. You must also provide accommodation that ensures privacy, such as a private room with a lock on the door. Your caregiver pays rent for a room in your home and is entitled to privacy. You should not enter the caregiver's room without permission. You should provide your employee with a key to the house to ensure freedom of access. Your house is your employee's home as well as his or her place of work. You should respect the caregiver's cultural or religious practices and discuss his or her needs.

A live-in caregiver is protected by employment standards legislation in most provinces and territories. Live-in employees are entitled to days off each week, statutory holidays, extra pay for overtime work and a salary that meets at least the minimum wage. It is your responsibility to find out what these standards are and to respect the laws of your province or territory. A list of ministries responsible for labour standards is provided below.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form

Hospital & Medical Care Insurance

Contact the proper provincial or territorial authorities to determine how medical insurance for your employee will be provided. Depending on the province or territory, you may be required to pay premiums or a health tax on your employee's behalf. You cannot deduct health premiums or taxes from your employee's wages. The placement agency you selected should be able to advise you about hospital and medical care insurance.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form

Workers' Compensation

Live-in caregivers have the right to be covered under workers' compensation legislation in most provinces and territories. If you employ a live-in caregiver, you must determine your responsibilities under workers' compensation according to the laws of your province or territory. Workers' compensation is an employer's insurance plan; it is to your benefit to ensure that your employee is covered if he or she is injured on the job. Contact your local workers' compensation office for further information.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form

Employer's Legal Responsibilities

Anyone who employs a full-time live-in caregiver under the program is required by federal law to register as an employer with the Canada Customs and Revenue Agency (CCRA). You must make the proper deductions for income tax, Employment Insurance and Canada Pension Plan and remit these amounts to the proper federal authority.

You are also required by law to give your employee a T4 slip for the previous year's employment by the end of February each year. The T4 slip will show your employee's total gross earnings and total deductions for income tax purposes. Your employee will require the T4 to file an annual income tax return.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form

Room & Board

Charges for meals not eaten by your employee in your home cannot be deducted from his or her pay. Room charges are calculated on a weekly or monthly basis, depending on the conditions of the employment contract. Whether you may deduct room and board directly from your employee's pay cheque may also be governed by provincial or territorial employment standards legislation.
Your employee is entitled to leave your home on days off.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form

Helping Your Employee Adjust

Your caregiver may have some difficulties adjusting to living in a private home in a new country. Although the relationship between you and your employee is a professional one, we urge you to do all that you can as an employer to help your employee adjust to life in Canada. You can refer your employee to agencies or other organizations that may offer support. A list of these agencies is provided at the end of the booklet.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form

Ending a Contract with an Employee

If your employee is unwilling or unable, without just cause, to perform the job duties as stated in the contract, and you no longer wish to employ the caregiver, you can terminate the contract. However, you may have agreed in the contract to give a notice of termination. When you cannot give the caregiver appropriate notice, you can pay the employee for the period the notice would have covered. Regardless of whether your contract requires you to give notice or pay in lieu of notice, you may be liable for it under provincial or territorial laws.

You are required to notify the nearest HRCC if you no longer need the services of your caregiver.

Back to Top

If you think that your nanny/caregiver has breached the contract, write us at info@cca-acaf.ca or fill in a Complaint Form