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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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Newfoundland and Labrador adopts virtual Alternate Witnessing of Documents Act – for good this time!

June 1, 2023

By Joe Thorne and Megan Kieley Background During the COVID-19 public health emergency order in Newfoundland and Labrador, the government passed the Temporary Alternate Witnessing of Documents Act, which (as the name implies) temporarily permitted…

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The great IP debate in Canada

May 31, 2023

By Daniela Bassan, K.C. Daniela Bassan, K.C. is a Partner and Practice Group Chair at the law firm of Stewart McKelvey (Canada) where she focuses on intellectual property and complex, multi-jurisdictional dispute resolution. The premise…

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New Brunswick introduces prompt payment and adjudication legislation

May 24, 2023

By Conor O’Neil and Maria Cummings On May 9, 2023, two bills were introduced in the New Brunswick Legislature that could have material affects on the construction industry. Bills 41 and 42, of the current…

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10 LMIA recruitment and advertising tips for employers looking to hire foreign workers

May 24, 2023

Author Sara Espinal Henao, an Immigration Lawyer in our Halifax office, will be speaking on a related panel, Labour Market Impact Assessments Overview and Current Trends, at the upcoming CBA Immigration Law Conference in Ottawa,…

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Hiring internationally in the film & television industry: 5 things you should know

May 23, 2023

Author Brendan Sheridan, an Immigration Lawyer in our Halifax Office, will be running a related webinar on May 30, 2023, Avoiding immigration bloopers: A webinar for the film & television industry, in partnership with Screen…

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Whose information is it anyway? Implications of the York University decision on public and private sector privacy and confidentiality

May 19, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Charlotte Henderson Privacy and confidentiality requirements are some of the most important responsibilities of organizations today. An organization’s ability to properly manage information,…

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Are Non-Disclosure Agreements on their way out?

May 15, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Hilary Newman & Jacob Zelman A non-disclosure agreement, or “NDA”, is a legal contract in which two or more persons agree to keep the…

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The General Anti-Avoidance Rule: more changes coming in 2023

May 12, 2023

By Graham Haynes & Isaac McLellan  Introduction The Canadian federal budget was unveiled on Tuesday, March 28, 2023 (“Budget 2023”)1 , and proposes significant changes to the General Anti-Avoidance Rule (the “GAAR”) in Canadian tax…

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When closed doors make sense: Court dismisses challenge to university board’s procedure for in camera discussions

May 11, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Scott Campbell, Jennifer Taylor, Folu Adesanya A long-standing dispute over governance practices at the Cape Breton University Board of Governors was recently resolved…

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When Facebook goes faceless: unmasking anonymous online defamation

May 9, 2023

Included in Discovery: Atlantic Education & the Law – Issue 12 By Jon O’Kane & Emma Douglas These days it seems no one is immune from the threat of anonymous keyboard warriors posting untrue and…

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