E/CN.4/2001/83/Add.1
page 11
39.
On the question of family class immigration, the immigrant must be sponsored by a close
relative aged at least 19 who, at the time of sponsorship, is living in Canada and possesses
permanent resident status or Canadian citizenship. In order to be sponsored, the immigrant must
demonstrate to the officer responsible for issuing visas that he meets the health criteria. Persons
in the family class by virtue of their links with relatives in Canada are, according to information
provided by the CIC, as follows: spouse; fiancé or fiancée; parents and grandparents; siblings,
nephews, nieces or grandchildren who are orphans, single and aged under 19; and sons and
daughters aged under 19. For an immigrant to be able to settle in the country, the relative
sponsoring him is required to enter into a legal undertaking vis-à-vis the Government of Canada
to assume responsibility for him (if the immigrant wishes to settle in Quebec, the undertaking
must be given to the government of Quebec). In accordance with this undertaking, the
sponsoring relative agrees to meet the essential needs of those for whom he assumes
responsibility. If the relative or his guarantor (where necessary) does not comply with this
undertaking, the Canadian Government or the government of Quebec may take judicial
measures.
40.
Another officially recognized class is that of male and female domestic workers. This
possibility for immigration into Canada is regulated under the so-called “Live-in Caregiver
Programme”, which gives beneficiaries the possibility of obtaining authorization to work in
Canada. After two years of work accumulated within the three years following entry into the
country, a male or female caregiver may apply to become a permanent resident. There are three
requirements for consideration under the programme. First, an assessment is made of the level
of education, which must be equivalent to completion of high school in Canada. The Canadian
Government considers that the applicant must be capable of entering the general labour market
after this statutory period for obtaining permanent residence. The second requirement
is 6 months’ full-time training or 12 months’ work experience in gainful employment, in the
labour field which the applicant intends to pursue. The third requirement is the ability to speak,
understand and read one of the two official languages (English or French).
41.
Employment authorizations are in principle valid for one year and permit the person
concerned to work as a live-in caregiver. One of the particular characteristics of the programme
is the need to live in the employer’s home. According to the information received, this
requirement reflects the shortage of Canadian citizens or residents able to meet the demand for
domestic labour. The programme establishes legal rights with the aim of ensuring adequate
working conditions: weekly days off, paid leave, paid official holidays, standard minimum
wage, fair remuneration, benefits, maternity leave and notice of termination of contract. The
Canadian Government is not a party to the contract nor is it authorized to become involved in the
employer-employee relationship. In the explanatory handbook on the programme it is made
clear that it is the responsibility of the employee to familiarize himself with the legislation
applicable to him and to protect his own interests.
42.
Under the Canadian national health system, live-in caregivers are not required to pay for
care in some hospitals or medical expenses. Nevertheless, depending on the province or territory
in which the caregiver works, he or she, or the employer, may be required to pay for health
insurance. The Canadian Government provides detailed information on the rights and duties of