Within the care work sector, domestic work – such as child care, elder care, and housekeeping done within an employer’s private residence – tends to come with the lowest wages and most precarious working conditions. Yet, domestic workers in New Brunswick are explicitly excluded from the province’s employment standards legislation, which sets out workplace standards such as minimum wage, vacation time/pay, breaks, and other basic labour rights.
This one-page advocacy brief outlines reforms that need to be made to New Brunswick’s Employment Standards Act in order to ensure domestic workers can access the same rights as other workers in the province, and are protected from some of the unique risks and harms that come with working inside an employer’s home.
Note: The enforcement and implementation of any reforms must take an anti-racist approach given that many domestic workers are racialized, immigrant, migrant, and/or undocumented.
Further, LEAF calls on the federal government to deliver on their promise of a regularization program for migrants. Migrant workers, many of whom work within the care sector as domestic workers, experience high risks of wage theft and workplace abuse. Permanent status is a critical step in ensuring they have meaningful access to the same rights as all other workers in Canada.
This advocacy brief was created as part of LEAF’s Valuing the Care Economy Project. LEAF acknowledges the support of Women and Gender Equality Canada.
Citations
[1] Employment Standards Act, SNB 1982, c E-7.2, s 1 (definition of “employer”).
[2] Farhana Khanam et al, “Women working in paid care occupations” Catalogue No 75-006-x (25 January 2022), online: Statistics Canada <https://www150.statcan.gc.ca/n1/pub/75-006-x/2022001/article/00001-eng.htm>.
[3] Statistics Canada, “Visible minority by occupation, highest level of education and generation status: Canada, provinces and territories” (10 May 2023), online: <https://www150.statcan.gc.ca/t1/tbl1/en/tv.action?pid=9810033001&pickMembers%5B0%5D=1.1&pickMembers%5B1%5D=2.1&pickMembers%5B2%5D=3.1&pickMembers%5B3%5D=4.1&pickMembers%5B4%5D=5.3&pickMembers%5B5%5D=6.1> (while racialized people comprise 25% of the total working population, they comprise 31% of home care workers).
[4] Government of Canada, “Immigrants’ contribution to the early learning and childcare sector” (last modified 29 October 2025), online: <https://www.canada.ca/en/immigration-refugees-citizenship/campaigns/immigration-matters/growing-canada-future/early-learning-child-care.html> (Over 50% of all home child care providers in Canada are immigrants).
[5] See e.g. Rupa Banerjee et al, “From ‘Migrant’ to ‘Citizen’: Labor Market Integration Of Former Live-In Caregivers In Canada” (2018) 71:4 ILR Review 908 at 912 (Figure 1).
[6] Government of Canada, “CIMM – Undocumented Populations – March 3, 2022” (last modified 15 June 2022), online: <https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/cimm-mar-03-2022/undocumented-populations.html> (“While there are no accurate figures representing the number or composition of undocumented migrant population in Canada, estimates range between 20,000 and 500,000 persons. Research suggests most undocumented individuals live in large urban centres and typically work in seasonal and informal sectors, such as construction, agriculture, caregiving and housekeeping”).
[7] Rishika Wadehra, “Equal rights for migrant care workers: The case for immigration policy transformation” (2021) at 4, online: Canadian Centre for Policy Alternatives <https://www.policyalternatives.ca/wp-content/uploads/attachments/Equal%20rights%20for%20migrant%20care%20workers.pdf>.
[8] Caregivers Action Centre et al, “Behind Closed Doors: Exposing Migrant Care Worker Exploitation During COVID-19” (October 2020) at 8 -9, online (pdf): Migrant Rights Network <https://migrantrights.ca/wp-content/uploads/2020/10/Behind-Closed-Doors_Exposing-Migrant-Care-Worker-Exploitation-During-COVID19.pdf> [perma.cc/87LK-VHT2].
[9] Statistics Canada, “Defining and measuring the gig economy using survey data: Gig work, digital platforms, and dependent self-employment” (3 March 2024), online: Statistics Canada: < https://www150.statcan.gc.ca/n1/daily-quotidien/240304/dq240304b-eng.htm>.
[10] See New Brunswick, Department of Post-Secondary Education, “Training and Labour, Coverage under the Employment Standards Act” (2016) at 6-8, online (pdf): Government of New Brunswick <https://www2.gnb.ca/content/dam/gnb/Departments/petl-epft/PDF/Publications/ESACoverage-E.pdf>.
[11] International Labour Organization,R198 – Employment Relationship Recommendation, 2006 (No. 198):
Recommendation concerning the employment relationship (15 June 2006), online (pdf): <https://webapps.ilo.org/static/english/inwork/cb-policy-guide/employmentrelationshiprecommendationno198.pdf>.
[12] Daniel Légère, “Labour: protect worker rights, not gig employers”, NB Co-op Media (30 March 2021), online: <https://nbmediacoop.org/2021/03/30/labour-protect-worker-rights-not-gig-employers/> [perma.cc/AT9P-V64B].
[13] New Brunswick, “Labour Market Profile of Men and Women in New Brunswick” (December 2019) at 7, online (pdf): <https://equite-equity.com/sites/default/files/2020-05/PETL%E2%80%99s%20Report%20on%20gender%20and%20labour%20market%20in%20NB.pdf>.
[14] Leah Nicholson, Mary Jean Hande & Migrante Manitoba, “Justice for Im/Migrant Home Care Workers in Manitoba” (July 2023) at 16, online (pdf): Canadian Centre for Policy Alternatives <https://www.policyalternatives.ca/wp-content/uploads/attachments/Justice%20for%20Im%3AMigrant%20Home%20Care%20Workers%20in%20Manitoba.pdf> [perma.cc/MWG3-NHLM].