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Legal Update: 2016 April Showers Bring Minimum Wage Increases to Atlantic Canada
April 26, 2016

Spring is sprung, the grass has risen – and so have minimum wages. The minimum wage rate is the lowest rate an employer is permitted to pay an employee. The minimum wage rate in every Atlantic Canadian province except Newfoundland & Labrador has increased in 2016. Here’s our annual look at Atlantic Canadian general minimum

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Meghan Felt and Sarah McInnes in the Chronicle Herald’s Cream: The Nuances of Labour Marketing Impact Assessments (LMIA)
By Meghan Felt, Sarah McInnes April 22, 2016

It’s critical for an employer to obtain a Labour Market Impact Assessment (LMIA) when hiring a temporary foreign worker(s). Employers applying for a LMIA must generally satisfy minimum advertising requirements, an arduous and expensive process. But there are two key exemptions to this requirement: specialized service providers and owner/operators.   McInnes Cooper Immigration lawyers Meghan Felt and

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Legal Alert: The New Nova Scotia Mineral Resources Act – The Good, The Risky & The Neutral
By Elizabeth McIsaac April 21, 2016

On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although the 2016 Act does contain some good news for the industry, there’s some risky news too: its provisions could have a significant impact on the mining industry in Nova Scotia,

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Legal Alert: Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians in Daniels v. Canada (Indian Affairs and Northern Development)
By Jeffery Callaghan, Michael Connors April 19, 2016

On April 14, 2016 the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the Constitution Act, 1867 (section 91 allocates legislative authority over certain matters to the federal government) and thus the federal government has legislative jurisdiction in respect of these populations. Here’s what the decision says,

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Legal Alert: From Watershed Decision to Watershed Law – Government Proposes Physician-Assisted Dying Law in Bill C-14 An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying)
By Ryan Baxter, Marjorie A. Hickey, Jane O'Neill April 15, 2016

On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo medical-assisted dying must meet. The result of a unanimous landmark 2015 Supreme Court of Canada decision in Carter v. Canada (Attorney General) striking down the legal ban on physician-assisted dying, Bill C-14 An Act to amend the Criminal

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Legal Update: The Small Business Deduction – Strategic Solutions to Proposed Changes
By Jeffrey Blucher, R. Daren Baxter, Carolle Fernando April 12, 2016

Federal Budget 2016 proposed to significantly reduce the benefit of and access to the Small Business Deduction. The Small Business Deduction reduces an eligible corporation’s federal tax rate in respect of qualifying income to 10.5%, subject to the $500,000 business limit. Under the current rules, Canadian-controlled private corporations (CCPCs) can, subject to various requirements, claim

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McInnes Cooper on Taxnet Pro™: Federal Budget – Changes for your Business
March 29, 2016

Our lawyers tell you not just what’s news; they also tell you how it affects you. In their article, Federal Budget – Changes for Your Business, McInnes Cooper’s Tax Solutions Team provides a summary of the primary tax measures in Budget 2016 entitled “Growing the Middle Class” released on March 22, 2016 by the Department of Finance, and

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Legal Update: The Nuances of Labour Marketing Impact Assessments (LMIA) – 2 Key Exemptions to Minimum Advertising Requirements
By Meghan Felt, Sarah McInnes March 29, 2016

Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers applying for a LMIA must generally satisfy minimum advertising requirements, an arduous and expensive process. But there are two key exemptions to this requirement: employers that are owner/operators and those that are specialized service

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McInnes Cooper’s David Fraser in E-Commerce Law Reports: Ontario Court Provides Guidelines to Balance Privacy Rights & “Tower Dumps” in R v. Rogers Communications
By David Fraser March 27, 2016

On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular telephone activity, and telcos not only can stand up for their customers’ privacy rights in those records– they may be contractually obligated to do so.     McInnes Cooper privacy lawyer David Fraser suggests

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Legal Update: Doing Business With the Public Sector – Key Confidentiality Risks & 3 Risk Management Strategies
By David Fraser, Trent Skanes March 24, 2016

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these purposes) or seeks or receives government financing (including things like payroll rebates), it’s typically providing a significant amount of business information, some or even much of it highly confidential,

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Legal Alert: Federal Budget – Changes for your Business
March 22, 2016

Budget 2016, entitled “Growing the Middle Class”, was released today by the Department of Finance. Here is our summary of the primary tax measures in Budget 2016 and some preliminary thoughts on their impact; statutory references are to the Income Tax Act (Canada) (the “Act”).   CORPORATE TAXATION   Tax System Review. Budget 2016 proposes to

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McInnes Cooper’s Sarah McInnes and Meghan Felt in the Chronicle Herald’s Cream: Get your eTA by March 15, 2016 – or your ETA could be delayed
By Sarah McInnes, Meghan Felt March  9, 2016

Starting March 15, 2016, visa-exempt foreign nationals will need an Electronic Travel Authorization (eTA) to travel through and to Canada. Travellers without an eTA or who can’t meet the requirements to get in without one during the grace period will either be turned away at the border, or have an extremely difficult time with a border

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Legal Update: Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka the “Metron” case)
By David Eaton March  9, 2016

In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a substantial term of imprisonment, a court sentenced a front line supervisor to imprisonment for 3½ years for four counts of criminal negligence causing death and one of criminal

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Legal Alert: Get Your eTA by March 15, 2016 – or Your ETA Could be Delayed
By Sarah McInnes, Meghan Felt March  7, 2016

Does your business involve international travel by clients, employees or others to you in Canada? Starting March 15, 2016, visa-exempt foreign nationals, including those who have a work permit but are visa exempt, will need an Electronic Travel Authorization (eTA) to travel both through and to Canada. A traveller who needs but doesn’t have one

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McInnes Cooper’s Ryan Baxter and Katie Roebothan in the Chronicle Herald’s Cream: 3 Tips to Manage Employee Tardiness Due to Bad Weather
By Ryan Baxter, Katie Roebothan March  4, 2016

Bad weather is one of the top three reasons that employees give for tardiness. Given Canadian winters, it’s important that employers understand how to effectively manage employee tardiness and absenteeism caused by adverse weather conditions.   In their article, McInnes Cooper lawyers Ryan Baxter and Katie Roebothan provide tips to employers to help them manage employee tardiness

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