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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: Valentine’s Day @ the Workplace

February 14, 2013

Yellow diamonds in the light And we’re standing side by side As your shadow crosses mine What it takes to come alive It’s the way I’m feeling I just can’t deny But I’ve gotta let…

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Client Update: Nova Scotia Contaminated Site – Ministerial Protocols

January 11, 2013

INTRODUCTION On December 6, 2012, The Nova Scotia Department of Environment (NSE) released Draft Ministerial Protocols (the “Draft Protocols”) related to contaminated sites. The release of the Draft Protocols has been eagerly anticipated. The adoption…

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Client Update: Changes to the Rules of the Supreme Court

January 3, 2013

Recent changes to the Rules of the Supreme Court, 1986, SNL 1986, c 42, Sch D On December 14, 2012, several changes were made to the Rules of the Supreme Court. These changes include: who may act…

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Doing Business in Atlantic Canada (Winter 2012) (Canadian Lawyer magazine supplement)

January 1, 2013

IN THIS ISSUE: Putting Trust in your Estate Planning, by Paul Coxworthy and Michael McGonnell The Risks, for Insurers in Entering Administration Services Only (ASO) Contracts, by Tyana Caplan Angels in Atlantic Canada, by Allison McCarthy, Gavin Stuttard and Adam Bata…

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Client Update – Changes to the Human Rights Legislation in Newfoundland and Labrador

July 13, 2010

Bill 31, An Act Respecting Human Rights, came into force on June 24, 2010 replacing the Human Rights Code (the “Code”). For more information, please download a copy of this client update.

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Atlantic Business Counsel – December 2009

December 18, 2009

IN THIS ISSUE Expanded Fines and Penalties for Environmental Offences: The New Federal Environmental Enforcement Act Spam about to be Canned? Preparing a Business for Sale Business Disputes Corner – Place of Arbitration and Selected…

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Client Update – General Damage Cap Upheld By the Nova Scotia Court of Appeal

December 15, 2009

The Nova Scotia Court of Appeal has unanimously upheld the province’s legislative limits on general damage recovery for “minor injuries”. Today’s decision, authored by Chief Justice Michael MacDonald, completely affirms the January 2009 decision of…

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Client Update – New Planning Opportunities For ULCs

December 4, 2009

The Canada Revenue Agency (“CRA”) announced helpful administrative positions concerning the new rules under the Fifth Protocol to the Canada-US Income Tax Convention, 1980 which will come into effect on January 1, 2010. The CRA…

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Atlantic Construction Counsel – Fall 2009

November 26, 2009

IN THIS ISSUE Contractor Held Liable for Business Interruption: Heyes v. City of Vancouver, 2009 BCSC 651 When Can a Tendering Authority Walk Away if Bids are Too High? Crown Paving Ltd. v. Newfoundland &…

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Client Update – Nova Scotia Unlimited Companies: An Update

November 6, 2009

Withholding tax and other issues under the Fifth Protocol The Fifth Protocol to the Canada-US Tax Convention, 1980 introduced significant changes which may affect the use of most unlimited companies and other so-called ULCs. These…

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