Nanny Contract Template for Canada

A nanny contract is a legally binding employment agreement that establishes the terms and conditions of your relationship with a childcare provider in Canada. This document serves as your foundation for compliance with complex federal and provincial employment laws while protecting both your family's interests and your nanny's rights as an employee.

When do you need this document?

You need a nanny contract whenever you hire someone to provide regular childcare services in your home, whether they work full-time or part-time, live-in or live-out. This includes situations where you're hiring through the Temporary Foreign Worker Program or Live-in Caregiver Program, as immigration authorities often require proof of a formal employment agreement. The contract becomes essential if your nanny will be caring for children with special needs, handling household duties beyond childcare, or working irregular hours. You should also use this agreement when transitioning from informal to formal employment arrangements, or when hiring through an agency that requires documentation of the employment terms.

Key legal considerations

Your nanny contract must comply with both federal and provincial employment standards, which can vary significantly across Canada. Key clauses should address minimum wage requirements, overtime provisions, vacation entitlements, and statutory holiday pay as mandated by your provincial Employment Standards Act. If hiring a foreign worker, you must include specific terms required under the Immigration and Refugee Protection Act, including details about accommodation, transportation, and healthcare coverage. The contract should clearly define working hours, as domestic workers often face unique scheduling challenges that can lead to disputes. Include confidentiality provisions to protect your family's privacy, termination clauses that comply with notice requirements, and clear boundaries around additional duties beyond childcare. Consider including provisions for professional development, emergency procedures, and technology use policies.

Legal requirements in Canada

Under Canadian law, your nanny is considered an employee, not an independent contractor, which triggers specific obligations under the Canada Labour Code and provincial legislation. You must register for a payroll account with the Canada Revenue Agency and remit CPP contributions, Employment Insurance premiums, and income tax deductions. Most provinces require you to carry workers' compensation insurance, and some mandate additional coverage for domestic workers. If your nanny lives in your home, provincial tenancy laws may apply to their accommodation arrangements, requiring compliance with minimum housing standards and privacy rights. The contract must reflect your province's minimum wage, which often differs for live-in versus live-out employees. In Quebec, additional language requirements under the Charter of the French Language may apply. For foreign workers, you must demonstrate compliance with Labour Market Impact Assessment conditions and provide the working conditions specified in your approved application.