Atlantic Employers’ Counsel – Fall 2013

CHANGES, CHANGES AND MORE CHANGES: KEEPING UP WITH THE TEMPORARY FOREIGN WORKER PROGRAM

These days, Canada’s Temporary Foreign Worker Program (“TFWP”) is more top of mind than ever for Canadian employers. This is in part because of the many changes made by the Government of Canada to transform the TFWP over the last couple of years. It is also the result of two recent examples of employers bringing foreign workers to Canada that garnered significant media attention and got people talking and thinking about the role of Canada’s TFWP in an unprecedented manner.

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10 THINGS EMPLOYERS NEED TO KNOW ABOUT EMPLOYING TEMPORARY FOREIGN WORKERS

What will happen at your workplace if a serious incident or fatality occurs? Will your managers know how to respond?

1. Local Labour and Employment Laws apply to all workers

All the local employment laws that apply to Canadian employees also apply to temporary foreign workers. This includes laws relating to overtime pay, holiday pay, vacations, job protection during statutory leaves (including maternity and parental leave), human rights, workers’ compensation and occupational health and safety.

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WHO CAN EMPLOYEES BRING WITH THEM?

The willingness of foreign workers to accept employment in Canada is often influenced by the opportunities available for their family members. Knowing who employees can bring with them and whether their family members will be able to work or study upon arrival can improve foreign worker recruitment, integration and retention strategies. With a few exceptions, employees coming to Canada to work temporarily or permanently can bring their spouse and dependent children.

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LABOUR MARKET OPINION EXEMPT WORK PERMITS: WHAT YOUR ORGANIZATION NEEDS TO KNOW

Normally, in order to hire a foreign worker, an employer must apply to Service Canada for positive Labour Market Opinion (“LMO”) confirmation before the worker is eligible to apply for a Canadian work permit. This can be a burdensome task, especially given recent changes to the Temporary Foreign Worker Program (“TFWP”) including the introduction of LMO processing fees and the increased advertising requirements. In addition, increased processing times across Canada mean that it can take upwards of four months to have an LMO processed.

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Caution – Reform ahead for Newfoundland and Labrador automobile insurance

April 18, 2019

Rodney Zdebiak and Anthony Granville On Monday, April 15, 2019, the Newfoundland and Labrador legislature passed a number of changes to the Automobile Insurance Act (“Act”) stating that the intent is to help stabilize insurance rates,…

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The Ocean Supercluster – Navigating Innovation Together

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs The Canadian government has placed itself in the “global innovation race”. In response to the demands for innovation, the Canadian government has established the Innovation Superclusters Initiative which…

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No Compass Needed – Ocean Supercluster Activities Explained

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs Canada’s Ocean Supercluster is a co-investment initiative between Canada’s federal government and the private sector that is part of the Innovation Superclusters Initiative. As we wrote about in…

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Mapping Out Your Plan for a Technology Leadership Project in the Ocean Supercluster

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs As we discuss in our article, No compass needed – Ocean Supercluster activities explained, there are many ways to participate in the Ocean Supercluster and the Innovation Superclusters…

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Project Eligibility in the Ocean Supercluster – Making Sure Your Proposal Can Set Sail

April 12, 2019

Andrea Shakespeare, Kevin Landry and Matthew Jacobs Technology Leadership Projects are collaborative projects undertaken by the Ocean Supercluster led by industry members in which industry members and the Ocean Supercluster will co-invest to perform research,…

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Employer or employee: who owns social media accounts or contacts?

April 4, 2019

Grant Machum and Richard Jordan Employers carefully safeguard customer or client lists as confidential information. Gone are the days, however, where an employer’s customer list is only found in a Rolodex or in a closed…

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Paper light employment files

March 28, 2019

Grant Machum and Guy-Etienne Richard Maintaining employment files requires physical space and can be costly. Nowadays many employers are moving away from keeping paper files to electronic storage. This brings up two issues: Are employers…

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Nova Scotia announces changes to defined benefit pension funding

March 13, 2019

Level Chan and Dante Manna On March 12, 2019, the Nova Scotia legislature introduced long anticipated amendments to the Pension Benefits Act (“PBA”) which, according to a statement by Finance Minister Karen Casey, are aimed…

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Supreme Court rules bankrupt companies cannot walk away from their environmental liabilities in Redwater decision

March 6, 2019

Julia Parent and Graham Haynes In the long-awaited decision in the case of Orphan Well Association v Grant Thornton Ltd, the Supreme Court of Canada held that end-of-life environmental cleanup obligations imposed by Alberta’s provincial…

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Richards Estate sets the limits on actions against LTD insurers

March 6, 2019

Michelle Chai & Jennifer Taylor Justice Ann Smith of the Supreme Court of Nova Scotia recently dismissed an action against a disability insurer for being out of time. The case, Richards Estate v Industrial Alliance…

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