Hiring a foreign caregiver to help your family is a big job. In 2026, the rules are very strict. The Canadian government is watching closely to protect workers. Private homes now get the same checks as big companies.
If you do not follow the rules of the Temporary Foreign Worker Program (TFWP), you can get in big trouble. You may have to pay huge fines. Or you may not be allowed to hire help ever again. This guide tells you what Employment and Social Development Canada (ESDC) wants from you in 2026. It helps you know the rules so you do not make mistakes.
2026 Mandatory Documentation & Record Keeping
The law called Immigration and Refugee Protection Regulations (IRPR) says you must prove everything. You are the employer, so the proof is your job. In 2026, even one missing paper can mean you broke the rules. You need to keep good records all the time.
Six-Year Record Retention
You have to keep all papers about your caregiver for six years or more. This means pay slips, papers about how you found the worker, and papers about the home they live in. These show you paid right and treated them well. Keep them in a safe place. You can use folders or a computer. Make sure you can find them fast if someone asks.
Proof of Recruitment Efforts
From January 1, 2026, you must show you tried to hire a Canadian or permanent resident first. You need to put ads for the job for four weeks in a row. Do this in the three months before you ask for a Labour Market Impact Assessment (LMIA). Save pictures of the ads or emails as proof.
Domestic Business Number (BN)
You cannot use your own personal tax number for this. Private homes must get a special Business Number from the Canada Revenue Agency (CRA). This is only for home workers. It helps the government see payments and taxes.
CRA Notice of Assessment (NOA)
People who check will look at your newest Notice of Assessment from CRA. This paper shows if you have enough money to pay the caregiver. You must prove you can pay the full salary.
Physician’s Certificate (Schedule H)
If the job is for someone with big health needs, you need a doctor’s paper on file. Use Form EMP5600. This shows why you need a special job type (NOC code).
It is very important to keep all these papers in order. Many families get problems because things are missing. Check your papers often.
Also Read: USA Employment Trends 2026: International Workers in High Demand
Workplace & Living Standard Compliance
Most caregivers live in the home with the family. In 2026, people who check look very carefully at the home and work rules. You must make sure the place is safe and fair.
Private, Furnished Living Space
The caregiver must have their own room that is private. It is not okay to just give a bed in a room with others. The room needs a door with a lock, a window that opens for safety, and things like a bed, closet, and table. Checkers want to see it is a real room for the person.
- Abuse-Free Workplace Standards In 2026, the rules about abuse are much stronger. Abuse now means things like holding the worker’s passport or making them pay for job costs. You cannot make them pay for LMIA fees or plane tickets. Always treat them with kindness and respect.
- Workplace Safety Insurance (WSIB/Private) You must give the caregiver worker insurance from the first day. This is for if they get hurt at work. In most places, it is from the province, like WSIB in Ontario. Show proof you paid for it.
- Prevailing Wage Compliance You have to pay the highest wage. It is either the middle wage from Job Bank for your area or what you pay other people for the same job. Never pay less. Check wages every year.
- Transportation Cost Coverage In 2026, for caregivers who get lower wages, you must pay for the flight to Canada and back home. You cannot take this money from their pay. It is your cost.
When living and work places are good, everyone is happy. The caregiver works better, and you do not have check problems.
Inspection Procedures & Powers (2026)
In 2026, ESDC and Service Canada checkers have more power. They use new tools to look at things.
- Unannounced On-Site Inspections Checkers can come without telling you first. For homes, they often need your okay or a paper from court to come inside. But they can talk to the worker in another place or use video calls.
- Interviews with Employees A checker may talk to your caregiver alone. They ask about work hours, pay, and jobs. Your papers must say the same as the worker.
- Review of “Electronic Devices” In big problem cases, they can look at time apps or messages. This is to check if the worker gets rest and no extra work without pay.
- Notice of Preliminary Findings (NOPF) If they find something wrong, you get a paper first. You have 30 days to fix it or show proof. This is your chance before a fine.
If you know what happens in checks, you can get ready. Be honest and open. It makes things easier.
Penalties & 2026 Enforcement Trends
In 2026, the government makes punishments harder. They want to stop bad treatment of workers.
- Monetary Penalties ($500 to $100,000) Fines are for each wrong thing. If one mistake happens many times, the money adds up very fast. It can be a lot.
- Public “Wall of Shame” Listing If you break rules, your name goes on a public list on the IRCC website. This means you cannot hire foreign workers again.
- Bans on Hiring You may not be allowed to hire foreign workers for 1, 2, 5, or 10 years. This is for big problems like not paying or bad home.
- Voluntary Disclosure Credit If you find a mistake yourself, like paying too little, tell them first. This can make the punishment much smaller.
The government checks more now. Follow rules to stay out of trouble.
Step-by-Step: Staying Compliant in 2026
Here are simple steps to follow:
- Audit Your Payroll: Look at pay, extra hours pay, and take-outs. Make sure they follow your province rules. You can use easy computer programs.
- Review the NOC Code: Check that the caregiver does the job you said. If the work changes a lot, like from kids to old people, it can break your LMIA.
- Update the Contract: If pay or work changes, tell IRCC or ESDC fast. Send a new paper.
Do these steps to stay safe and have less worry.
Would you like me to draft a “2026 Caregiver Daily Log” template that meets ESDC inspection requirements?
Disclaimer: This article is for information and learning only. Please check real details from official places like Employment and Social Development Canada (ESDC) or Immigration, Refugees and Citizenship Canada (IRCC) websites before you do anything.