Winds of change keep blowing on Canadian immigration lands. In July 2012, we discussed several steps taken by the federal government relating to the rules and processes applicable to temporary and permanent immigration applications in Canada. More changes have been announced in the recent months. These changes aim to allow more foreigners into Canada to meet growing labor shortages. read more…
In a decision released earlier this week, the highest court in Canada’s most populous province, Ontario, issued a surprising ruling on workplace privacy law. The case involved criminal charges against a teacher accused of possession of child pornography.
Foreign workers can be an important source of labor for Canadian employers, permitting them to fill shortages in a variety of professions and industries. In an attempt to better protect vulnerable foreign workers from what the government has called unscrupulous employers and agents, the Canadian government will introduce a new regime for Canadian temporary work permits on April 1.
The new regime has been described as one where “good employers replace bad employers.” It will govern employers hiring temporary foreign workers in Canada — both future applications and renewals of current work permits.
Across Canada, human rights legislation prohibits employment discrimination on the basis of age. This applies to all aspects of the employment relationship — job advertisements, application forms, job interviews, hiring decisions, denial of promotional opportunities, and termination decisions.
How can an American resident become a Canadian citizen? Only permanent residents of Canada can apply. Therefore, one must start with applying for permanent resident status. There are various ways to become a permanent resident of Canada. This article will focus on those who apply in the “economic class.”
For those applying in the economic class, there are federal programs that are applicable across Canada as well as provincial programs that may facilitate the process.
In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented.
By Susan Bradley and Gilda Villaran
In November 2009, we started a discussion on the fundamentals of Canadian work permits. Until now, Canadian employers didn’t have to obtain a Labour Market Opinion (LMO) from Services Canada for certain information technology (IT) professionals. Employers didn’t have to prove that they had advertised the position, that they had conducted reasonable recruitment efforts and that none of the local candidates, if any, were qualified to fill the IT position.
Beginning in 1997, it was assumed that there was a shortage of IT professionals in Canada. This assumption and the exception to the LMO requirement are no longer. Effective September 30, 2010, foreign IT specialists generally require an approved LMO from Services Canada before a work permit will be issued.
In British Columbia and Quebec, the use of replacement workers during a strike or a lockout is restricted. Replacement workers aren’t restricted in other Canadian provinces and the federal sector although they were banned in Ontario from 1992 to 1995. Quebec may be moving toward a more stringent law, as its anti-replacement worker legislation is being debated this summer.
Quebec’s anti-scab legislation
The Quebec provisions in question have been part of the legal landscape since 1977. They restrict the right of an employer to use replacement workers to replace employees on strike or lockout. They don’t, however, prevent an employer from having work carried out by a third party — as long as the third party isn’t doing work ordinarily done by employees on strike or lockout in the establishment where the strike or lockout has been declared.