We have compiled a list of your frequently asked questions regarding the legal responsibility that comes with employing a nanny:
What do I need to know before I decide to employ a live out nanny?
As an employer, you will have to meet various obligations, including paying tax, contributing to the Canada Pension Plan, Employment Insurance, buying workplace insurance, and meeting minimum standards of employment.
If you get stuck, Revenue Canada and your provincial Ministry of Labour office are great resources.
The paperwork matters. It signals that you recognize your nanny as a professional and will help you maintain good relations. Remember that your nanny is depending on you to be a conscientious employer and, if you do not treat them well, they might move to an employer who does.
What are my legal obligations towards my potential caregiver?
You must meet the employment standards for your home province. Your province’s Ministry of Labour will list any regulations for this type of employment on their website. Usually the regulations cover things like minimum wage, legal working hours, overtime pay, time off including leave, stat holidays, personal days and vacation pay.
Some provinces require that you buy workplace insurance in case your nanny is involved in a workplace accident. This varies from province to province, for example, it is mandatory in Ontario but employers of domestic workers are exempt from buying this kind of insurance in Alberta.
Your contract with your nanny (which will be provided by FW Canada) will need to address most of the above issues.
What are my legal obligations when ending the contract?
Be sure that the contract with your nanny establishes the length of notice needed if one of you wants to end your working relationship. Any penalties for not meeting that notice period should be spelled out in your contract too.
After your contract is finished, you will need to send a Record of Employment (ROE) to your nanny. Service Canada will send you a kit with the details on how to do this.
What do I need to know about paying?
You, as an employer, are responsible for paying your nanny’s tax contributions. Many nannies agree to their salaries on the basis of a net figure, which is the remainder of cash after all deductions have been taken. If this is the case, you will have to pay income tax, CPP, EI and in most provinces, workplace insurance contributions, on top of that figure. If you agree to a gross wage, then deductions will come out of it.
So in addition to following your province’s employment standards, you are required to remit taxes, make contributions to employment insurance and the Canada pension plan on your nanny’s behalf. An article providing step-by-step instructions can be found here.
What resources can I use to help find a nanny?
FWCanada can connect you to high-quality employees and guarantees unparalleled service. We will assist you through every step of the process, including acclimating to having a caregiver in your home.
Can the caregiver live outside of the residence?
A foreign caregiver is NOT required to live in the residence and it cannot be a condition of employment.
If the agreement is for the caregiver to live in the home, the employer must provide room and board at no cost to the caregiver.
The employer must provide the caregiver with a private and furnished bedroom with a lock on the inside and it must meet all building and safety standards.
What is an Electronic Travel Authorization?
An Electronic Travel Authorization, or eTA, is a travel requirement for foreign nationals from vise-exempt countries who are entering Canada by air. More details on how to secure an eTA can be found here.
What Should I Look for In a Caregiver?
Every family dynamic is different, and finding the right caregiver for you can be a challenge based on your family’s specific needs. When you’re sifting through resumes trying to distinguish a good candidate from a great one, look for experience with children, strong references, and qualifications that demonstrate grit and patience. A sample resume can be found here that can be used as a guide for determining what a great caregiver should look like on paper.
Negotiating the immigration system can be confusing for all parties involved. But, with the right guidance, you can be on your way to caring for others or getting the care you need. For any additional questions, fill out the form on the right side of the page, or call us at +1 514-316-3555 for a free consultation.
