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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Client Update: Not a “token gesture”: Nova Scotia Court of Appeal confirms deductibility of future CPP disability benefits from tort damages

January 18, 2019

Jennifer Taylor In an important decision for the auto insurance industry, the Nova Scotia Court of Appeal has confirmed that future CPP disability benefits are indeed deductible from damages awarded in Nova Scotia cases for…

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Client Update: Change is the only constant – Bill C-86 changes in federal labour and employment regulation

January 18, 2019

Brian Johnston, QC and Matthew Jacobs Bill C-86, enacted as SC 2018, c. 27, will effect massive changes upon how federal labour and employment relations are regulated. They come into effect in 2019 with staggered…

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2018 Year in Review: Atlantic Canada Labour & Employment Law Developments

January 17, 2019

We can all make 2019 a success by building on the year that was. For employers, 2018 was a year of many notable developments in labour and employment law across the country. We saw Ontario…

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Client Update: Atlantic Canada pension and benefits countdown to 2019

December 28, 2018

Level Chan and Dante Manna As 2018 comes to an end, we countdown some pension and employee benefits developments in the last year that we anticipate may lead to developments in 2019. Discrimination in benefits…

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Client Update: Canada’s Proposed Cannabis Edibles, Extracts and Topicals Regulations Revealed

December 21, 2018

Kevin Landry The first look at regulations for cannabis edibles, extracts and topicals has arrived. The Federal Government has opened a 60-day consultation period respecting the strict regulation of additional cannabis products. Notice of the consultation was accompanied…

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Client Update: Recent Supreme Court of Nova Scotia decision drives home the importance of credibility

December 20, 2018

Erin Best and Kara Harrington “This case is about pain, how it was caused, by what accident and the opinions of dueling experts.”¹ “In this case, like so many, the assessment of the evidence depends…

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Client Update: Land use planning in Prince Edward Island: the year in review

December 20, 2018

Jonathan Coady and Michael Fleischmann Overview Once again, the time has come to review the year that was and to chart the course for the year ahead. For municipalities, developers and planning professionals throughout Prince…

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Client Update: Nova Scotia Labour Standard Code changes – domestic violence leave & pregnancy / parental eligibility

December 14, 2018

Following the various Stakeholder Consultations (which Stewart McKelvey participated in on behalf of Nova Scotia Employers), the Government has changed the Labour Standards Code Regulations effective January 1, 2019 to: a) provide for up to…

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Client Update: Coming to Canada? You may need biometrics / Mise à Jour : Vous pensez bientôt venir au Canada? Vous pourriez avoir besoin de fournir vos données biométriques

December 6, 2018

Version française à suivre Sara Espinal Henao Canada has expanded its permanent and temporary immigration requirements to include biometrics – the measurement of unique physical characteristics, such as fingerprints and facial features. The new requirements,…

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Proposed Changes to IP Law: Will they impact your business?

December 3, 2018

Many businesses rely on trade-mark, copyright, and patent law for the protection of their intellectual property (IP). The Federal Government recently proposed changes to IP laws, which may impact your business. Bill C-86, Budget Implementation Act,…

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