By Donna Gallant

A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status.  Nor what that status means in terms of the worker’s entitlements on termination.

The Ontario Court of Appeal in McKee v. Reid’s Heritage Homes Ltd. attempts to shed some light on these issues. The decision may have broad ramifications across Canada.

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Mandatory retirement has a long and storied history as part of the Canadian labor system. As we enter 2010, it appears that a new chapter is being written, one in which mandatory retirement is the exception rather than the norm.

In Canada, mandatory retirement developed along with the introduction of private and public pension plans. Public programs, such as the Old Age Security, Guaranteed Income Supplement, and the Canada and Quebec Pension Plans, provided that retirement benefits were to be paid beginning at age 65. Private businesses developed or adapted their plans to complement and integrate with government pensions. By the 1970s age 65 had become generally accepted as the “normal” age of retirement by employers and workers alike.

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By Alix Herber

Canada’s two largest provinces — Ontario and Quebec — now have laws requiring employers to seek to provide workplaces free of “harassment.” No longer limited to human rights-related harassment, the term is broadly defined in these laws. Further, Ontario’s new law extends beyond harassment. It, like the federal law, also will require antiviolence policies and programs. These laws will apply regardless of whether a workplace has any prior history of such problems.

Ontario’s Bill 168, the Occupational Health and Safety Amendment Act, will come into force in June 2010. (See our previous articles on this bill by Karen Sargeant, May 5, 2009, and Brian Smeenk, May 19, 2009.)

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By Ingrid Anton and Isabelle Dongier

As we mentioned in a November article, most foreign workers require a work permit to legally work in Canada. And to get a work permit for a foreign worker, the prospective Canadian employer must first obtain a Labour Market Opinion (LMO) from the Department of Human Resources and Skills Development Canada (also referred to as Service Canada). Although some workers may benefit from an LMO exemption, this article focuses on LMOs – what are they, who needs one, and how they’re obtained.

What is a Labour Market Opinion?
A positive LMO confirms that the employment of a foreign individual in Canada won’t have a negative impact on the Canadian labor market – the foreign worker won’t be taking work away from Canadians. The LMO is not a work permit. It’s a prerequisite to obtaining a work permit.

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