If you live in Quebec and plan to hire a caregiver any time soon, be aware that a new law that took effect in the spring of 2023 means you may have to register as their employer with the provincial government.
You’ll have to take that step if you provide paid work to someone for 420 hours over a 12-month period or for 30 hours a week over seven consecutive weeks. It not only applies to caregivers you might hire to look after your children or elderly parents, but also to someone who comes into your home to do housework or perform regular maintenance — or even someone who takes care of a pet.
If this applies to you, you’ll have to register as an employer with the province’s workplace health and safety commission, CNESST (Commission des normes, de l’équité, de la santé et de la sécurité du travail).
Your obligations as an employer
Once registered, you will have the same obligations as other employers under the province’s labour standards law, the Act Respecting Labour Standards. That applies to the salary you pay, which must be equal to or higher than the province’s minimum wage, plus you can’t ask for payment for room and board if a caregiver lives in your home. One exception is that the rules on overtime worked after 40 hours of work don’t apply for personal caregivers.
As a registered employer, you’ll have to pay a contribution to the Quebec government that goes into the insurance fund that covers domestic workers in the event of a workplace accident or illness. The size of the contribution will depend on the salary you pay and the premium that applies to the type of worker you have hired.
Even if you hire a caregiver who doesn’t work enough hours for you to have to register as their employer, you can still subscribe to the government’s insurance plan at your own expense to cover them in the event of injury.
If you choose not to take the optional protection for someone you hire, they can request it for themselves from the CNESST, but will have to pay for it out of their own pocket.
Revised law will protect domestic workers
Quebec’s Labour Minister Jean Boulet said the changes to the law were made in order to protect the province’s nearly 18,400 domestic workers, who are mostly women from minority groups. Any domestic worker, including caregivers, who believes that their employer is not upholding their obligations under the labour standards law can file a complaint with the CNESST.
To register as an employer, fill out this form online (in French only) or call 1-844-838-0808 for more information.