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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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Reset for renewables: Nova Scotia overhauls energy regulation and governance in advance of influx of renewable energy

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By Nancy Rubin and James Gamblin The Government of Nova Scotia has embarked on a path to dramatically reshape the regulation and governance of the energy sector with the passage of Bill 404, the Energy…

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An employer’s guide to human rights law in Atlantic Canada

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Immediate changes to travel eligibility for citizens of Mexico

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By Brittany Trafford and Brendan Sheridan Today Immigration, Refugees and Citizenship Canada (“IRCC”) has announced significant changes to the travel requirements for Mexican citizens. As of February 29, 2024 at 11:30p.m. Eastern Time, all electronic…

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Updated guidance on business reporting obligations under Canada’s supply chain transparency legislation

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Trustees beware! New trust reporting and disclosure requirements under the Income Tax Act are here – are you ready for them?

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Proposed Criminal Interest Rate Regulations: exemptions to the lower criminal interest rate

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By David Wedlake and Andrew Paul In late December 2023, the Federal Government issued draft Criminal Interest Rate Regulations under the Criminal Code. These proposed regulations follow the Budget Implementation Act, 2023, No. 1 which…

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Outlook for 2024 Proxy Season

February 9, 2024

By Andrew Burke, Colleen Keyes, Gavin Stuttard, David Slipp and Logan Walters With proxy season on the horizon, many public companies are once again preparing their annual disclosure documents and shareholder materials for their annual…

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Significant changes announced for new study permit applications

February 6, 2024

By Brendan Sheridan and Tiegan Scott The Government of Canada recently announced further changes to the international student program that not only limits the number of new study permit applicants per year, but also increases…

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Plans of arrangement come to Newfoundland and Labrador

January 30, 2024

By Tauna Staniland, K.C., ICD.D, Joe Thorne, and Nadine Otten What can you do when your corporation wants to complete a complex transaction requiring significant corporate restructuring that cannot be easily completed under the corporation’s…

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