I attended a presentation yesterday on "Working and Doing Business in Canada: Tax Tips for Immigration Law Practitioners". It was presented by Nupur Rishi - Senior Manager - PwC Law, Global Mobility Services.
Nupar spoke about the personal, payroll and corporate tax considerations that employers must be aware of before sending employees to Canada on work assignments and, as part of this, the misunderstood "183 day" rule.
Temporary foreign workers win sexual harassment case; one awarded $150,000 for "injury to dignity" damages
In O.P.T. v. Presteve Foods Ltd., 2015 HRTO 675 - a decision issued on May 25, 2015 - the Ontario Human Rights Tribunal ("OHRT") awarded one of the complainants $150,000 for injury to her dignity, feelings and self-respect due to the sexual solicitations and harassment that she experienced in the workplace. The other complainant was awarded $50,000 for this head of damage.
The $150,000 award is, according to the union that represented the complainants, the new high-watermark for this type of damages in Ontario and, according to some commentators, three times higher than the previous high-water mark. read more »
The New Brunswick government has introduced "improvements" to its Employment Standards Act. This is the full news release that was issued on Wednesday, December 3, 2013:
Improvements to Employment Standards Act introduced
The provincial government introduced today amendments to the Employment Standards Act that will improve its ability to protect foreign workers in New Brunswick.
The amendments will create an employer registry that will strengthen the communication of the provincial government with foreign workers and their employers about employment standards and the rights and responsibilities of employees and employers.
The amendment adds provisions to ensure employers only recover allowable recruitment and transportation costs from the foreign workers themselves. It clarifies legal practices with respect to foreign worker housing arrangements and the holding of personal documents such as passports and work permits. read more »
The April 2012 edition of Canadian Lawyer magazine lists the following firms as the "Top 5" business immigration law boutiques in Canada:
Nova Scotia issues "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers"
The Nova Scotia Department of Labour and Advanced Education issued a "Discussion Paper on Regulations for Recruiters and Employers of Foreign Workers" on January 16, 2012.
The Introduction of the paper states:
In June 2010, the government conducted a broad consultation on the employment of foreign workers (FWs) in Nova Scotia. Following the consultation, on May 19, 2011, the Government passed the Worker Recruitment and Protection Act, which amends the Labour Standards Code. Included among the amendments to the Code is a prohibition against charging workers (both FWs and non FWs) recruitment fees and a prohibition against recovering recruitment costs from workers. These prohibitions are now in force. read more »
Jean-Philippe Couture, a lawyer in the Borden Ladner Gervais (BLG) office in Calgary, has written an article entitled, "Canadian Tax Implications Of Hiring U.S. Contractors To Perform Work In Canada".
The article was published in BLG's Fall 2011 Labour and Employment Law News newsletter.
Upcoming conferences on labour, employment, human rights, privacy, immigration, pensions & benefits law
The table below contains a comprehensive list of the upcoming workplace law (employment, labour, human rights, pensions, privacy and immigration) conferences in Canada in 2011. The full names of the service providers, and links to their sites, are at the bottom of the page.
Class action claim filed by Denny's employees working in Canada under Temporary Foreign Worker Program
A Notice of Claim under British Columbia's Class Proceeding Act has been filed against Denny's restaurants by employees working in Canada under the Temporary Foreign Workers Program. The employees are originally from the Philippines,
The claim, which covers more than 50 employees, states that Denny's breached the workers' employment contracts by reducing their hours, refusing to pay overtime and failing to pay for their round-trip airfare back to the Philippines.
The Province has a story here: "Filipino workers' class action says Denny's owes $10m" (January 12, 2011).
The Georgia Strait's story is here: "Foreign workers file class-action lawsuit against Denny's restaurants in B.C." (January 11, 2011). read more »
"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