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Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009: FAQs

Issued: March 2010
Content last reviewed: March 2010

Please note that these FAQs are provided for your information and convenience only. The Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 came into force on March 22, 2010. This is not a legal document. For complete information, refer to the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 and its regulations.

General

When did the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA) become law?
Who will enforce the new Act?
Who is covered by the Act?
What key rights and obligations does the Act create?

Filing a Claim

What do I do if I think someone has violated this Act?
Are there time limits for filing a claim?
How can I file my EPFNA claim?

Definitions

Who does the law consider to be a recruiter?
Who does the law consider to be a foreign national and a live-in caregiver?

Protective Measures

What are the new laws regarding charging a foreign live-in caregiver fees for recruitment?
What are the new laws regarding the recovery of costs from a foreign live-in caregiver?
Does the Act apply to fees charged before the EPFNA comes into force?
Can an employer or recruiter take or retain property of a foreign live-in caregiver?
Does the prohibition against retaining personal property of a foreign national apply before the EPFNA comes into force?
What specific information must be provided by recruiters or employers to foreign nationals working as live-in caregivers? What languages will they be available in?
What types of records are recruiters and employers required to keep under the Act?
Are there provisions in the Act to ensure that employees who assert their rights under the legislation are not penalized?

General

When did the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009 (EPFNA) become law?

The EPFNA came into force on March 22, 2010.

Who will enforce the new Act?

The new Act will be enforced by Ministry of Labour Employment Standards Officers.

Who is covered by the Act?

The EPFNA applies to foreign nationals who are employed or attempting to find employment in Ontario as live-in caregivers, to employers of foreign nationals working as live-in caregivers in Ontario, to persons who act as recruiters in connection with the employment of foreign national live-in caregivers in Ontario, and to persons acting on behalf of these employers or recruiters. See 'Definitions' section.

What key rights and obligations does the Act create?

As a brief overview, the EPFNA:

prohibits recruiters from charging any fees to foreign live-in caregivers, either directly or indirectly.
prevents employers from recovering placement costs from the live-in caregiver.
prohibits employers and recruiters from taking a live-in caregiver’s property, including documents such as a passport or work permit.
prohibits a recruiter, an employer, or a person acting on their behalf from intimidating or penalizing a live-in caregiver for asking about or asserting their rights under the Act.
requires recruiters and, in some situations, employers to distribute information sheets to live-in caregivers setting out their rights under the EPFNA and those provisions of the Employment Standards Act, 2000 (ESA) considered to be of particular relevance.

Filing a Claim

What do I do if I think someone has violated this Act?

If you are covered by the EPFNA and you want to make a complaint, you can get a claim form from the Ministry of Labour website or from a Service Ontario Centre and mail or fax it to the address or fax number shown on the form. Please note the EPFNA has its own claim form distinct from that which is used for ESA claims.

If you choose not to file a claim, but would like to leave a “tip” (provide information to the ministry about possible violation), contact us online or call 416–326–7160 or 1–800–531–5551 (Toll–free). The information provided will be considered for an appropriate response.

Are there time limits for filing a claim?

Yes, you can file a claim within three and one half (3.5) years from the date the violation occurred.

How can I file my EPFNA claim?

The claim must be mailed or faxed to the address/number listed on the claim form.

Definitions

Who does the law consider to be a recruiter?

Under the EPFNA, a person is considered to be acting as a recruiter:

if the person finds, or attempts to find, an individual for employment;
if the person finds or attempts to find employment for an individual;
if the person assists another person in doing any of the things described in the first two bullets; or
if the person refers an individual to another person to do any of the things described in the first two bullets.

Who does the law consider to be a foreign national and a live-in caregiver?

Under the EPFNA, a foreign national is someone who is not:

a Canadian citizen, or
a permanent resident within the meaning of the federal Immigration and Refugee Protection Act .

Under the EPFNA, a live-in caregiver is someone who provides one of the types of care listed below in the household where the person being cared for resides and who lives in that household:

child care;
senior home support care; or
care for the disabled.

Protective measures

What are the new laws regarding charging a foreign live-in caregiver fees for recruitment?

On and after the day the EPFNA comes into force, a recruiter (or a person acting on his or her behalf) cannot charge a foreign live-in caregiver any fees for any service, good or benefit provided to the live-in caregiver.

What are the new laws regarding the recovery of costs from a foreign live-in caregiver?

On and after the day EPFNA comes into force, an employer (or a person acting on his or her behalf) cannot recover from a foreign live-in caregiver any costs incurred in connection with becoming or attempting to become an employer of the foreign live-in caregiver. For example, the employer cannot recover a recruiter’s placement fee from the live-in caregiver.

Does the Act apply to fees charged before the EPFNA comes into force?

No, these laws do not apply retroactively. Only if a fee is charged to or cost recovered from a foreign national on or after the day the EPFNA comes into force would the charge or recovery be prohibited.

Can an employer or recruiter take or retain property of a foreign live-in caregiver?

On and after the day the EPFNA comes into force, a recruiter, employer (or a person acting on their behalf) cannot take or keep property, including a passport, of a foreign live-in caregiver.

Does the prohibition against retaining personal property of a foreign national apply before the EPFNA comes into force?

No. However, if on or after the day the EPFNA comes into force, personal property of the foreign national of which possession was taken before that day is still being retained, the person retaining the personal property would be in contravention of the Act.

What specific information must be provided by recruiters or employers to foreign nationals working as live-in caregivers? What languages will they be available in?

Recruiters will be required to provide the latest version of information documents published by the Ministry of Labour to prospective live-in caregivers as soon after making first contact as is practical. If the live-in caregiver’s language is a language other than English, and a translation of the documents is available in that language, the recruiter must also provide a copy of the translation to the caregiver.

If an employer has hired a live-in caregiver without the use of a recruiter, or the caregiver is already working for the employer when the legislation comes into force, the employer is responsible for the obligations set out above.

There are two information sheets:

Your Rights Under the Employment Protection for Foreign Nationals Act (Live-in Caregivers and Others), 2009
This information sheet is available in French and certain other languages: Filipino [ 288 KB ], Spanish [ 41 KB ], Hindi [ 291 KB ]
Your Employment Standards Rights: Foreign National Live-in Caregivers
This information sheet is available in French and certain other languages: Filipino [ 293 KB ], Spanish [ 221 KB ], Hindi [ 84 KB ]

What types of records are recruiters and employers required to keep under the Act?

A recruiter is required to record:

the name of the live-in caregiver
the name and address of each employer or potential employer for whom the recruiter found or attempted to find or with whom the recruiter placed or attempted to place a foreign national live-in caregiver
the amount of any money paid to the recruiter by the employer
the date of payment, and
the reason for payment.

An employer is required to record:

the name and address of any person to whom the employer made a payment for finding the foreign national for employment
the date of payment, and
the amount of the payment.

Note that an employer must also follow the requirements of the ESA, which include certain record keeping obligations.

Are there provisions in the Act to ensure that employees who assert their rights under the legislation are not penalized?

Yes. A recruiter, an employer, or a person who acts on their behalf is prohibited from intimidating or penalizing a live-in caregiver because the caregiver:

asks any person to comply with the legislation,
asks about his or her rights under the legislation,
asserts or attempts to assert a right under the legislation, or
gives information to an employment standards officer, testifies or participates in a proceeding under the legislation.
files a complaint under the legislation.