Hired a Caregiver Through an LMIA? What ESDC Checks in a Compliance Inspection
If your family hired a nanny or a home support worker through a Labour Market Impact Assessment (LMIA), you are an employer under Canada's Temporary Foreign Worker Program. That means Employment and Social Development Canada (ESDC) can inspect you, the same way it inspects a restaurant or a farm.
Most families don't expect this, and many find out only when a notice arrives. This guide explains what inspectors look at for caregiver employers, the rules that apply only to in-home caregivers, and what you can do now to be ready.
Can the government really inspect my home?
Yes. ESDC can review how you treated your caregiver for up to six years after the caregiver started working for you. Inspections can be on-site or virtual, and they can be announced or unannounced.
Your home does have extra protection. Inspectors can enter a private household only with your consent or a warrant. They can still interview you and your caregiver, ask for documents and review records remotely.
What inspectors check for caregiver employers
Inspectors compare what you promised in the job offer and LMIA with what actually happened. For caregivers, the regulations add specific conditions:
Care work only. The caregiver must look after children, seniors or a person with a disability, in a private household.
No extra duties. A caregiver can't be assigned work they weren't hired for. For example, a caregiver can't be made to work as your cleaner.
Paid as promised. The caregiver must receive the wage set out in the employment contract.
Ability to pay. You must have enough money to pay the wages you offered.
Live-in arrangements: the rules for the room
You can't require your caregiver to live in your home. Living in has to be a choice. If your caregiver does live with you, the accommodation must:
Be in the home of the person receiving care
Include a private, furnished bedroom with a lock and an inside safety bolt on the door
Meet municipal building standards and provincial health standards
You also can't charge your caregiver for room and board. If the caregiver moves out, keep a record of the change.
Costs you can never pass on to your caregiver
Some costs belong to the employer, and you can't recover them from the caregiver directly or indirectly:
Recruitment fees, including any fee a recruiter acting for you charges.
Travel to Canada for low-wage positions, paid upfront.
Private health insurance for emergency medical care until provincial coverage starts, where applicable.
Workplace safety insurance where your province requires it.
The LMIA processing fee. Some families hiring for certain home care or child care needs are exempt.
Pay, contract and everyday conditions
Signed contract: give your caregiver a signed employment agreement on or before the first day, in English or French as they prefer. It must match the job offer.
Prevailing wage: pay at least the prevailing wage for the occupation and location, and review it every year. Job Bank updates wages each fall, and you have until January 1 to adjust.
Never below the LMIA wage, even if the prevailing wage goes down.
Overtime: pay for all hours worked, including overtime where provincial law requires it.
Deductions: make the usual deductions for income tax, CPP and EI.
Identification: never hold on to your caregiver's identification documents.
From my practice: I have seen employers fail to raise their caregiver's wage without meaning to. They simply did not check the Job Bank website regularly for updates to the prevailing wage for their caregiver's occupation and region. Set a reminder every fall to check Job Bank, so your wage review is done before January 1. Anahita Tohidi, RCIC
Records to keep for six years
If it isn't documented, an inspector may treat it as if it never happened. Keep these records for six years from the first day of the work permit period:
The LMIA, decision letter and annexes
The signed employment contract
Pay stubs and payroll records
Timesheets and schedules
Travel receipts and tickets
Proof of health and workplace safety insurance
Records of live-in arrangements and any housing changes
What happens if you're found non-compliant
If an inspector finds a problem, you first get a chance to explain and show how you fixed it. If that isn't accepted, you receive a Notice of Preliminary Finding and have 30 days to respond. A final determination can bring:
Penalties of up to $100,000 per violation, to a maximum of $1 million per year
A ban from hiring foreign workers, which can be permanent for the most serious violations
Your name and address published on the government's list of non-compliant employers
Suspension or revocation of LMIAs you already hold
How to get ready, starting this week
Read your LMIA decision letter and annexes again, and list every promise: duties, wage, hours and accommodation.
Compare your caregiver's latest pay stub and schedule against those promises. Fix any gap and write down what you changed.
Put every record in one folder per caregiver, and update it after each pay period.
If you discover a past problem, get professional advice before contacting ESDC. Voluntary disclosure can show good faith.
AT Patron Immigration Services reviews caregiver employer files and helps families fix gaps before an inspection, or respond to one that has already started.
Sources
Compliance information for employers hiring temporary foreign workers, Government of Canada
Hire a temporary worker as an in-home caregiver: Program requirements, Government of Canada
In-home caregiver: Wages, working conditions and occupations, Government of Canada
Immigration and Refugee Protection Regulations, employer conditions, Justice Laws Website
Employers who have been found non-compliant, Government of Canada
Reviewed by Anahita Tohidi, RCIC, AT Patron Immigration Services.
This article is general information, not legal advice. Program rules change, so confirm current requirements before acting. Based on government guidance as of October 2026.
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