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.
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.
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.
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.
Archive
Michelle Chai & Jennifer Taylor1 A recent Ontario case offers insight on when the limitation period starts to run for an action against a disability insurer. In Kumarasamy v Western Life Assurance Company, the…
Read MoreLevel Chan and Annelise Harnanan Background On May 13, 2022 the Canadian Association of Pension Supervisory Authorities (CAPSA) released and invited feedback on a Consultation Draft of revisions to CAPSA Guideline No. 3 – Guidelines…
Read MoreRichard Niedermayer, QC, TEP, Sarah Almon, TEP, and Madeleine Coats Updated: July 7, 2022 Long-awaited amendments to the Province’s currently short-and-sweet Powers of Attorney Act1 received Royal Assent on Friday, April 22, 2022. The amended Powers of Attorney…
Read MoreJacob Zelman and Kate Profit Prince Edward Island’s Non-Disclosure Agreements Act (“Act”) received royal assent on November 17, 2021 and is set to come into force on May 17, 2022. The purpose of the Act…
Read MoreChad Sullivan and Tiffany Primmer Increasingly, employers are finding themselves faced with addressing the uncomfortable situation of an employee who has shared an intimate image of another employee. While not directly applicable to what an…
Read MoreBrian Tabor, QC and Eyoab Begashaw On April 8, 2022, the Nova Scotia Department of Finance and Treasury Board (Provincial Tax Policy and Administration Division) released the Provincial Non-Resident Deed Transfer Tax Guidelines (“Guidelines”) with…
Read MoreDante Manna and Hannah Brison Background The Office of the Superintendent of Financial Institutions (“OSFI”) is seeking feedback from stakeholders on its March 2022 Consultation Paper (“Consultation Paper”), which introduces proposed pension investment risk management…
Read MoreJulie Morris COVID-19 has caused many employers to be “caught between a rock and a hard place” – particularly when it comes to managing employee vaccination and attendance at work. Arbitrator Augustus Richardson used this…
Read MoreJoe Thorne How much does the rule of law cost? That question may seem crude, but it is the practical reality of our constitutional system. There are three branches of government: the judiciary, who interpret…
Read MoreJoe Thorne and Sarah Hogan Insurance professionals likely breathed a sigh of relief as the Court of Appeal of Newfoundland and Labrador released its recent decision, Balsom v. Rideout.¹ The Court of Appeal affirmed the…
Read More