Special cases of employment.

Your nanny is 30, Canadian and has all her papers in order? Hiring her would be easy... however often it's not as simple as that, many particular situations can occur and are the subject of this article: can I hire a foreign nanny? Can a minor be a nanny? Can she bring her own children? etc.

My nanny is a foreigner

If your nanny is already residing in Canada: 

 The hiring process is much easier for employer foreign workers who already reside in Canada. First, you must ensure that the person in question has valid work papers.  Secondly, you must make sure that they are renewed if they are subject to expire during the employment period

If you'd like to hire a nanny who is not yet residing in Canada:

If you'd like to hire a foreign nanny who is currently living abroad the process is considerably more complicated. You will have to go through the Temporary Foreign Worker (TFW) program.

Here are the 4 basic steps to hiring a TFW:

1. Determine if you require an LMO
2. Apply for an LMO from Service Canada (if required)
3. Advise the foreign worker(s) to complete the work permit application, which is then processed by CIC (if applicable)
4. A Border Services Officer at a port of entry issues the work permit

A LMO is short for Labour Market Opinion. If you do need to obtain an LMO you will have to show proof that you have tried to recruit an Canadian citizen and have been unsuccessful. You will, of course, have to offer a wage that is standard for the occupation and the region in which you live.

For TFWs a written employment contract is mandatory. In order to obtain her working visa, you will need to provide the nanny with the following information:

Details of the job offer including

• Copy of job offer/employment contract
• Description of the duties, wages and working conditions
• A statement of essential qualifications
• Registrations or licences that the applicant may need
• Language requirements, if applicable
• Start and end dates of the position

Employment details

• Name and address of employer
• Site where foreign worker will be employed

My nanny is a minor

Labour laws regarding the minimum age at which a person can work and the limitations on the number of hours and times of day that minors can work are governed at the provincial level. Generally parents choose to employ nannies who are at least 18 years of age however it isn't illegal to hire a minor.

If you do choose to hire a minor nanny please be aware that:

• you may need to get the written consent of her parent(s)
• the number of hours per day and per week are limited, and dependent on whether she is still attending school
• the times of day during which she can work are also restricted

This site provides an excellent recap of the various labour restrictions concerning minors in the different provinces. Note that even nannies who are minors are still required to have a social insurance number in order to work.

What if my nanny doesn't have a social insurance number?

A social insurance number (SIN) is required of all workers in Canada. Without a SIN employees cannot collect CCP or IE benefits and you cannot remit your payroll deductions.  

Don't fret, though, obtaining a SIN is free, fast and actually quite easy. Visit the Service Canada website for all the information regarding social insurance numbers.

Grandma nannies

Nannies who are 65+ are in style, even better! Why not hire an older nanny? Especially if she has children or grandchildren.. well that just means she has lots of experiences, doesn't it?

There may be some slight disadvantages and you may wish to verify the health of your elder nanny but it can be beneficial for your child to spend time around older people and likewise for the nanny to be in the company of children.

Surely your nanny has learnt a few things in all her years and you can be confident she knows what she is doing.

Can my nanny watch her child at the same time?

Of course! But.. that's up to you. This can be a mutually beneficial situation since your child can also have the opportunity to socialize, your nanny won't have to pay someone to watch her child and you can likely save a bit on her wages. It's completely normal to expect to pay a bit less if your nanny is also caring for her own child or children in addition to your own.