Skip to Content

Cross Border Employment

"Employees Working in Foreign Countries: Personnel Concerns and Other Issues Relating to Expatriates"

Paul Drager, a lawyer at Macleod Dixon, wrote "Employees Working in Foreign Countries: Personnel Concerns and Other Issues Relating to Expatriates" in 1999.

The paper deserves a fresh bookmark, however, because it appears to be one of the only resources available for lawyers as far as the to be alert to in relation to employees being posted to foreign countries.

The specific issues covered are:  read more »

"Tax Issues for Business Immigrants"

"Tax Issues for Business Immigrants" is the title of a paper that Max Weder prepared for the Business Immigration - 2010 conference presented by the Continuing Legal Education Society of British Columbia in October 2010. Mr. Weder is a lawyer at Davis LLP in Vancouver, BC.

The paper addresses the following topics

  • Determination of Residency

    • Deemed Resident
    • Factually Resident
  • Deemed Non-Resident
  • Tax Issues on Immigration to Canada

"Canadian Privacy Legislation and the Cross Border Transfer of Employee Data"

Candice Teitlebaum has written a paper on "Canadian Privacy Legislation and the Cross Border Transfer of Employee Data" (undated). Ms. Teitlebaum is a lawyer at Aird & Berlis LLP in Ontario.

BC legislative session ends without labour mobility bill being passed

Jurisdiction: - British Columbia

In a post on March 11, 2009 I noted that the BC Government had introduced a labour mobility bill that would allow certified workers from other jurisdictions to practice their occupations in BC in accordance with Chapter Seven of the national Agreement on Internal Trade (AIT). The legislative session closed yesterday without the bill being passed and so, at least for now, this initiative is dead.  

BC government introduces labour mobility bill in legislature

Jurisdiction: - British Columbia

The BC Government introduced a labour mobility bill in the legislature today.

According to the explanatory note that accompanies it, Bill 9 - 2009 (the Labour Mobility Act):

...allows certified workers from other jurisdictions to practise
their occupations in British Columbia in accordance with Chapter Seven
of the Agreement on Internal Trade, and, in particular, provides that
British Columbia regulators must consider and apply Chapter Seven when
workers who are certified for an occupation in a signatory jurisdiction
apply to obtain British Columbia certification for that occupation. It
allows the Supreme Court to consider whether Chapter Seven has been
correctly applied and to make directions where that has not been the
case.
 read more »

Federal Privacy Commissioner issues guidelines for processing personal data outside Canada

Jurisdiction: - Canada/Federal

This week the Office of the Privacy Commissioner of Canada (OPC) issued "Guidelines for Processing Personal Data Across Borders".

The guidelines explain how the Personal Information Protection and Electronic Documents Act (PIPEDA) applies to transfers of personal information to a third party, including a third party operating outside of Canada, for processing.

These guidelines are important because, as the OPC notes:

PIPEDA does not prohibit organizations in Canada from transferring personal information to an organization in another jurisdiction for processing. However, under PIPEDA, organizations are held accountable for the protection of personal information transfers under each individual outsourcing arrangement.

"Canadian Labour, Employment and Privacy Considerations in Business Transactions"

Brian J. Thiessen wrote a paper entitled, "Canadian Labour, Employment and Privacy Considerations in Business Transactions" for the Western Canadian Forum on Employment Law, Canadian Institute, held in Calgary, Alberta, February 12-13, 2008.Mr. Thiessen is a lawyer with Blakes in Calgary.

"Ten Key Differences Between Canadian and U.S. Employment Laws"

Christina Medland and Joe Vicinanza have written an article on "Ten Key Differences Between Canadian and U.S. Employment Laws" (December 11, 2007).

The authors are lawyers at Torys. The article was published in the firm's Pension and Employment Bulletin.