Temporary Foreign Worker Program Inspection Requirements and Employer Responsibilities
- WSIB registration (that is most common area of non compliance) https://eservices.wsib.on.ca/portal/server.pt/gateway/PTARGS_0_203_653_245_0_43/p/registerDomesticPart0.action
- ‘Minimum wage’ for a foreign worker – Elder care ‘minimum wage’ is $16.50, Child care is now $15.00 (higher in most areas outside of the GTA)
- FYI Exemption for $1000 Application Fee http://www.nannyeldercare.com/exemption-paying-1000-labour-market-impact-assessment-lmia-application-processing-fee/
These rules are in effect the past 3+ years since the start of the LMIA / In Home Caregiver Program (PATHWAYS)
* you can look at your LMIA Application & Approval letter to see reference to enforcement
* to our knowledge it is only since August 2017 that we have ever heard of any employer being notified of an audit. All of our employers have passed the Audit (but most had to enroll in WSIB as this had not been done previously). Now in 2019, a small percentage of employers are being asked to co operate with a routine compliance check.
* Intent is to normalize the practice of random audits so that employers are not so shocked if ever selected & thus make process smoother for all involved
* Random audits meansonly small % of employers will be contacted each year
* in past year we know of 5 employers who received SOFT AUDIT (5 of some 300 we have worked with in past few years)
* these ‘SOFT AUDITS’ employers received a call and email asking them to provide copy of the original lmia approval & reply to statements confirming they are complying with payroll, wsib and if they provide a room to confirm the room is as represented – Replies are sent back to Service Canada and that’s the end of it.
* HOWEVER upon the next time you apply for new LMIA / caregiver, its conceivable they might ask you to provide items such as copy of WSIB / CRA remittances ect. such requests should be very easy to comply providing you have basic records
Thus far no employer we know was asked for a home (site) visit … but since it is possible.. the things to ensure would be a key lock on door knob of bedroom door & dead bolt on inside (or be prepared to install these IF EVER asked for a visit – cost could be $30 at hardware store)
* Employers are responsible to keep employment and lmia application & payroll related info for 7 years (this is also CRA requirement)
Employers (if ever) contacted for a ‘soft audit’
- employer is contacted by phone and email and asked to participate
- the email letter request copies of basic documents and asks employer to make statements re the practices (to assure government you are complying with LMIA approval)
Nanny Eldercare Agency wants to encourage Employers to be in compliance with the requirements and responsibilities listed at the beginning of this article.
Other items might include: EXAMPLE if employer has changed the contract, example you were approved @ 40 hours per week, and you have renegotiated with caregiver to have 37.5 or 35 or 30 hours/week on contract, then the contract should have all changes initialed & submitted to Service Canada so it can be included in your employer record. This should be done for any significant difference from what you were approved for.
SUGGEST employer will review LMIA Approval Letter you received at time of hiring and reflect if there has been any significant change
Nanny Eldercare Agency will assist you if you want payroll calculations or other information to support you as employer.
Example: if you want current payroll, email with subject ‘Payroll Calculation’ and inform us of the following:
Hour Per Week on payroll &
Frequency of pay Weekly / Every Two Weeks or Twice each Month