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
Jennifer Ervick, a lawyer at Thompson Dorfman Sweatman LLP in Winnipeg, has written a brief entitled, "Temporary Foreign Worker Program - Information Technology Specialists" (June 2010).
The brief highlights the fact that, "On September 30, 2010 the temporary foreign worker program for information technology (IT) specialists will come to an end (except for employers wanting to hire foreign workers for positions in Quebec)".
The brief further notes that there have been seven occupations covered by the program:
- Senior Animation Effects Editor
- Embedded Systems Software Designer
- MIS Software Designer
- Multimedia Software Developer
- Software Developer Services
- Software Products Developer
- Telecommunications Software Designer
The federal government announced changes today to the federal skilled worker program. The changes were set out in a news release ("Government of Canada will welcome more economic immigrants in 2010") from Citizenship and Immigration Canada. The news release states, in part:
Effective immediately, to be eligible to apply as a federal skilled worker, applicants must either have a job offer, or they must have experience in one of 29 in-demand occupations. These occupations were identified through analysis of updated labour market information and consultations with provinces, territories, stakeholders and the public. read more »
Employer to pay $20,000 in punitive damages for not fully investigating allegations before dismissing for just cause
The employer in Nishina v. Azuma Foods (Canada ) Co. Ltd., 2010 BCSC 502, was ordered to pay $20,000 in punitive damages for dismissing an employee for just cause without properly investigating the allegations of misconduct.
The case is also of interest in that the court addressed:
- the contractual force of workplace policy handbooks; and
- the degree to which different cultural norms - in this case, the importance of an apology in Japanese culture - will impact on the just cause analysis.
The employer was a Japanese company with operations in California and BC. It produced Japanese ready-to-eat frozen food products.
The employee was a Japanese citizen. At the time of her dismissal, she was 43 years old, had 6 years, four months service and was employed as a quality control associate. She earned approximately $52,000 per year. read more »
Canada's Auditor General issued its 2009 Fall Report today. Chapter 2 is entitled "Selecting Foreign Workers Under the Immigration Program" and is an audit of HRSDC's and Citizenship and Immigration Canada's (CIC's) practices in this regard. The report, in its entirety, can be read here.