Team Members ()

Publications ()

News ()

Pages ()

Services ()

  • Our Team

    Our Team

    • Lawyers & Clerks
    • Leadership Team
    • Board of Directors
    • Human Resources
    • Marketing & Business Development
    • Paraprofessional Services
  • Our Services

    Our Services

    • Service Areas
      • Aboriginal and Indigenous Law
      • Administrative Law
      • Agribusiness
      • Banking and Financial Services
      • Bankruptcy and Insolvency
      • Business Disputes
      • Business Immigration
      • Class Actions
      • Construction Law
      • Corporate and Business
      • Corporate Finance and Securities
      • Corporate Governance and Compliance
      • Cross-Border Law
      • Education Law
      • ESG (Environmental, Social, & Governance)
      • Estates and Trusts
      • Environmental Law
      • Foreign Direct Investment
      • Franchise Law
      • Health Law
      • Insurance
      • Intellectual Property
      • Labour and Employment
      • Litigation
      • Maritime Law
      • Media & Entertainment
      • Municipal Law
      • P3 and Infrastructure
      • Pensions and Benefits
      • Privacy, Data Protection and Cyber Security
      • Public Law
      • Real Estate
      • Regulation of Professions
      • SISIP LTD Allowances Class Action
      • Tax
      • Technology
      • View All
    • Industries
      • Cannabis
      • Construction & Property Development
      • Emerging & High Growth Companies
      • Energy & Natural Resources
      • Financial Services
      • Government & Institutions
      • Insurance
      • Manufacturing, Processing & Sales
      • Mining
      • Ocean Economy
      • Private Clients
      • Technology
      • View All
    • More Services
      • MC Advisory
      • MC Legal Lab
  • Our Insights
  • Our Firm

    Our Firm

    • Our Values
    • Our History
    • Our Representative Work
    • Our Global Reach
    • Our News
    • Diversity & Inclusion
    • Collective Social Responsibility
    • Pro Bono Program
  • Our Careers

    Our Careers

    • Lawyer Opportunities
    • Business Professional Opportunities
    • Paralegal & Legal Assistant Opportunities
    • Summer Student & Articling Opportunities
    • Diversity & Inclusion
    • Collective Social Responsibility
  • 1.866.439.6246
  • Contact
  • Search
  • Stay Updated
  • Contact Us
  • LexMundi World Ready
  • Privacy Policy
  • http://linkedin.com
  • http://facebook.com
  • http://twitter.com
  • 1.866.439.6246
Home > Our Insights > Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules
Publication

Businessperson or “Business Visitor”: Canada’s Business Visitor Visa Rules

Published:

November 22, 2016

Author(s):

  • Sarah McInnes
  • Meghan Felt

Share

Print

Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border mobility between Canada and the U.S., however, remains vital for both countries. The “business visitor” visa was designed to grant people, from the U.S. and elsewhere, entry to Canada without the usual requirement for a work permit. But the current criteria for who does – and doesn’t – qualify as a “business visitor” and the process to obtain that status lack the clarity to achieve this objective.

Improving cross-border mobility was the driving force behind the inaugural 2016 U.S.-Canada S.A.G.E. Summit in June 2016. For the first time, more than 200 delegates representing 60 leading cross-border businesses, policy and political leaders from both Canada and the United States came together to discuss “strategies, advocacy, gateways and engagement” (S.A.G.E.) with the purpose of establishing a consistent message, from stakeholders to governments of both countries, of ways to streamline cross-border movement of goods and people. Summit delegates issued the initial “Columbus Declaration”, a set of deliverables intended to advocate for fewer restrictions and headaches for business relationships between the two countries. Delegates identified labour mobility as one of the top three most pressing areas to be addressed, and specifically supported an immediate call to action by both governments to provide clarity and training of border officials so there is consistent processing of “business visitor” applicants. On October 5, 2016, 40 key stakeholders met again in Washington, D.C to adopt a final version of the Columbus Declaration and began work on a S.A.G.E. 2017 Platform members intend to present to both governments after the inauguration of the new U.S. President.

A current hindrance to that cross-border mobility is that a businessperson visiting Canada does not necessarily qualify as a “business visitor” for Canadian immigration law purposes. A person coming to Canada for business may require a work permit to enter and carry out their intended activities, even if they are only in Canada for a few days. However, a person who does qualify as a “business visitor” is exempt from that work permit requirement and is granted temporary entry to Canada for a stay of up to six months. This work permit exemption is valuable because obtaining one can be a complex process. There’s a fee, and unless the individual meets one of the narrow exemptions for a labour market impact assessment (LMIA), it’s very difficult to get a work permit without a LMIA – in itself a time-consuming and costly process.

Here are the criteria to qualify as a “business visitor” to Canada, the process to obtain that “business visitor” status, and five tips for dealing with the pitfalls.

THE “BUSINESS VISITOR” CRITERIA

Qualifying for “business visitor” status and the accompanying work permit exemption is entirely dependent on the nature of the intended activities, and the broad criteria leave plenty of room for ambiguity.

Immigration and Refugee Protection Regulations (IRPA). Under these regulations, foreign nationals are permitted to work in Canada without a work permit as a “business visitor”. Defined broadly, a business visitor is a foreign national who seeks to “engage in international business activities in Canada without directly entering the Canadian labour market,” and whose principal place of business, primary source of remuneration and the place of accrual of profits remain outside Canada. The Temporary Foreign Worker Guidelines (Guidelines) is a policy manual developed by the Canadian government to guide immigration officers in their interpretation and application of the IRPA and NAFTA. The Guidelines provide illustrative examples of qualifying activities, including: after sales service/warranty work, purchasing Canadian goods or services for a foreign business, or receiving training in respect of such goods or services; receiving or giving training within a Canadian affiliate of the corporation that employs them outside of Canada, if production resulting from the training is incidental; and representing a foreign business for the purpose of selling goods, but not making sales to the general public.

NAFTA. The North American Free Trade Agreement (NAFTA) also permits the nationals of member countries (the U.S. and Mexico) to work in Canada without a work permit as a “business visitor”. NAFTA’s business visitor criteria parallels that of the IRPA by reference to activities that are similar, but not identical, to IRPA’s “permitted activities”. NAFTA qualifying activities include those related to the following (and commonly include participating in business meetings, conventions, conferences, consultations and negotiations respecting them): research and design; growth, manufacture and production; marketing; sales; distribution; after-sales services/warranty work; and general service. U.S. and Mexican nationals can therefore enter Canada as a business visitor under IRPA and/or NAFTA with little practical distinction.

The Ambiguity. At first blush, the activities qualifying a businessperson entering Canada as a work permit exempt “business visitor” appear straightforward. However, attempting to apply some of those activity criteria reveals ambiguity and inconsistency. The “after-sales service” category offers a useful illustration of this ambiguity. Both the IRPA and NAFTA expressly list after-sales service as a qualifying activity. In both, “after-sales service” includes after-lease and after-purchase service; this in turn includes the repair and servicing, and setting up and testing, of commercial or industrial equipment and the supervision of installers doing such work. On its face, arguably clear; in practice, however:

  • Both the IRPA and NAFTA specifically exclude “hands-on” installation and work generally performed by construction or building trades, such as electricians and pipe fitters, from the “business visitor” permitted activities. But precisely what constitutes “after-sales” or “hands-on” work can be unclear, leaving room for the individual immigration border officers to apply their discretion on a case-by-case basis, and ultimately uncertainty.
  • Entry to repair or service specialized equipment purchased or leased in the U.S. is a qualifying activity under both the IRPA and NAFTA – but only if the service is for newly purchased or leased equipment/software, or performed as part of the original or extended sales/lease agreement, warranty or service contract. But whether the services were intended to be performed as part of the original agreement is often unclear. And if the work to be performed isn’t covered under a warranty or there’s no service contract, a work permit is required for entry.
  • The “after-sales” category also covers people entering Canada to supervise the installation or dismantling of specialized machinery purchased or leased outside Canada, and those providing training services respecting such equipment. Under the Guidelines, where a Canadian employer has directly contracted for services from a foreign company, the foreign company’s worker requires a work permit: although the worker’s principal place of business and primary source of remuneration remain outside of Canada, their foreign employer receives payment for the service the worker is providing. Therefore, that worker’s compensation is considered to derive from a Canadian source, the worker has entered the Canadian labour market, the “business visitor” criteria aren’t met and the activities aren’t work permit exempt.

THE BUSINESS VISITOR (NON) APPLICATION PROCESS FOR U.S. (& OTHER VISA-EXEMPT) NATIONALS

Similarly, the process of applying for “business visitor” status – or more accurately, the lack of one – leaves room for clarification.

No official application. The lack of an official application is a perhaps welcome informality, but it creates uncertainty around whether a person qualifies as a “business visitor”: Canadian immigration officers have wide discretion to accept or reject entry to Canada as a “business visitor”, and that discretion is applied inconsistently at different ports of entry.

No advance process. Adding to this uncertainty is that Americans and other visa-exempt foreign nationals can’t seek authorization to enter Canada as a “business visitor” in advance, but must apply at a port of entry on arrival in Canada. And denial at that late time can create cost and business consequences.

TIPS FOR BEING A GOOD (BUSINESS) VISITOR

Despite the issues inherent in the business visitor criteria and in the process (or lack thereof), obtaining “business visitor” status to enter Canada can be a fast and relatively stress-free process for visa-exempt foreign nationals, particularly those from the U.S.

Define the Activities. First, give some thought to the activities the businessperson intends to perform in Canada and the qualifying “business visitor” activities under IRPA and, if applicable, NAFTA. Determine which one(s) fit – or might fit. And write them down and bring them along.

Documentation. A person who has determined their activities fall within the “business visitor” exemption must still ensure they prepare and have with them the proper documentation to demonstrate this. Here are five key documents a “business visitor” will not want to cross the U.S.-Canada border without:

  • A letter of invitation from the Canadian entity, if applicable, referencing the permitted activities and indicating how the businessperson’s activities align with these.
  • A support letter from the foreign employer stating that the businessperson’s principal place of business and remuneration remain outside of Canada, and that the profits resulting from the business activities will accumulate outside of Canada.
  • If the Canadian company and foreign company are affiliates, a corporate organizational chart and proof of affiliation.
  • If entering as after sales service personnel, proof that the software/equipment is “newly purchased/leased” or the original sales contract/purchase order indicating that the services to be preformed were part of the original or extended sales/lease agreement, warranty or service contract.
  • An Electronic Travel Authorization (eTA), unless you are a U.S. citizen or a foreign national with a valid temporary resident visa; visa-exempt foreign nationals, including those with a work permit, require an eTA.

Please contact your McInnes Cooper lawyer or any member of the Immigration Law Team @ McInnes Cooper to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice.  You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2016.  All rights reserved.  McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it. You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

Share

Print
View Related Content

Related Lawyers

  • Sarah McInnes

    Sarah McInnes

    Partner

  • Meghan Felt

    Meghan Felt

    Immigration Group Lead, Partner

Related Services

  • Cross-Border Law
  • Cross-Border Immigration
  • Labour and Employment
  • Business Immigration

Related Industries

  • Private Clients

Related Publications

View All Publications
  • Prohibition on the Purchase of Residential Property by Non-Canadians Act: 5 FAQs

    Mar 16, 2023

    On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act and accompanying Regulations took effect. The…

    Read More
    Publication
  • 3 Top 2023 Labour & Employment Law Trends for Employers to Watch

    Feb 27, 2023

    2022 left important lasting implications for employers. With 2023 here, it’s time to look ahead to key issues that will affect employers in…

    Read More
    Publication
  • Underused Housing Tax Act: Residential Property Owner Reporting Obligations

    Jan 19, 2023

    We updated this publication on February 13, 2023. By April 30, 2023, both Canadian and non-Canadian trustees, partners of a partnership,…

    Read More
    Publication
  • 5 Key 2022 Labour & Employment Law Learnings for Employers

    Jan 16, 2023

    2022 is in the rearview mirror, but the past year left lasting implications for employers. Here’s a retrospective on five of the key 2022…

    Read More
    Publication
  • 4 Practical Ways to Improve The Atlantic Immigration Program (AIP)

    Dec 8, 2022

    The Atlantic Immigration Program (AIP) began as a pilot program in 2017, and became a permanent federal immigration program in 2022. While the…

    Read More
    Publication
  • Plugging Into The “Right to Disconnect”: 5 Key Employer FAQs

    Dec 1, 2022

    The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost savings for employers, have…

    Read More
    Publication
  • Climate Migration: The Canadian Response

    Sep 23, 2022

    Climate migrants aren’t yet arriving on Canadian shores en masse - but the growing number of extreme weather events in Canada and around the…

    Read More
    Publication
  • Federal Express Entry: 5 FAQs About Canada’s Online Immigration Gateway

    Sep 20, 2022

    Canada’s Express Entry system isn’t new - but it feels like it is. On July 6, 2022, the Canadian government resumed draws of Canadian…

    Read More
    Publication
  • Day of Mourning for the Queen: What Employers Should Know

    Sep 15, 2022

    When Prime Minister Trudeau announced that September 19, 2022 would be a National Day of Mourning for Queen Elizabeth II, the Atlantic provinces…

    Read More
    Publication
  • Webinar | The Legal Case for Supporting Gender Diversity at Work

    Jun 23, 2022

    The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…

    Read More
    Webinar
  • P.E.I. Pay Transparency Legislation: 3 Employer Tips

    Jun 8, 2022

    Effective June 1, 2022, Bill 119 amended the P.E.I. Employment Standards Act to add new pay transparency provisions. One of the first of its…

    Read More
    Publication
  • Webinar | Employee Recruitment & Retention Strategies: Legal Risk Mitigation Tactics

    May 27, 2022

    The COVID-19 pandemic is (arguably) gone but the pre-pandemic labour crunch - for both white and blue collar workers - is back. And there’s no…

    Read More
    Webinar
  • From Pilot to Permanent: 5 Key Changes to the Atlantic Immigration Program (AIP)

    May 10, 2022

    We updated this publication on March 1, 2023. On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic…

    Read More
    Publication
  • Webinar | 3 Tactics to Expedite the Entry of Foreign Workers

    Apr 28, 2022

    The COVID-19 pandemic changed many aspects of the workplace for good – but pre-pandemic labour shortages isn’t one of them. While the…

    Read More
    Webinar
  • Atlantic Canada Minimum Wage Increases Effective April 1, 2022

    Apr 1, 2022

    While the Canada emergency response benefit (CERB) has ended, the focus on the concept of a universal or guaranteed basic income the COVID-19…

    Read More
    Publication
  • Webinar | Reconstructing the Post-Pandemic Workplace

    Mar 24, 2022

    COVID-19 public health restrictions are coming to an end, even though the COVID-19 virus is not. Employers face reconstructing their workplace…

    Read More
    Webinar
  • When Employee Participation in Public Protest Justifies Employer Discipline

    Mar 16, 2022

    In February 2022, thousands of people led by a convoy of trucks (many displaying company logos) from across Canada congregated in Ottawa and…

    Read More
    Publication
  • 5 Key Immigration Law Developments for Ukrainians Seeking Refuge in Canada

    Mar 14, 2022

    As part of the Government of Canada’s overall response to the Russian invasion of Ukraine, Immigration, Refugees and Citizenship Canada (IRCC)…

    Read More
    Publication
  • Webinar | Public Health Covid-19 Restriction Rollbacks: The Workplace Impact

    Feb 24, 2022

    As the Omicron wave wanes, and COVID-19 moves from pandemic to endemic, provincial governments have quickly pivoted to loosening – some even…

    Read More
    Webinar
  • P.E.I. Non-Disclosure Agreements Act: 3 Key Facts for Employers

    Feb 8, 2022

    This publication has been updated as at December 15, 2022. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect,…

    Read More
    Publication
  • Webinar | Mandatory Covid-19 Vaccination Policy Cases: Key Employer Insights

    Jan 27, 2022

    Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19  vaccination policies, with little guidance from courts…

    Read More
    Webinar
  • Mandatory COVID-19 Vaccination Policy Cases: 3 Employer Insights

    Dec 14, 2021

    This publication has been updated as at January 26, 2022. Since COVID-19 vaccinations rolled out, employers have been grappling with how to…

    Read More
    Publication
  • Webinar | The Hybrid Workplace: from Haphazard to Intentional

    Nov 25, 2021

    As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…

    Read More
    Webinar
  • Webinar | COVID-19 Labour & Employment Litigation Learnings

    Oct 28, 2021

    COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…

    Read More
    Webinar
  • Northern Regional Health Authority v. Horrocks: Exclusive Jurisdiction Means Exclusive

    Oct 27, 2021

    On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…

    Read More
    Publication
  • 7 Key COVID-19 Labour & Employment Litigation Learnings

    Sep 21, 2021

    This publication has been updated as at December 14, 2022. COVID-19 has been changing Canadian workplaces for 18 months. For some employees,…

    Read More
    Publication
  • Hiring a Foreign Company to Provide Services in Canada? 3 Immigration Issues

    Jul 27, 2021

    Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

    Read More
    Publication
  • 3 Legal Tools to Help Foster a Diverse & Inclusive Workplace

    Jul 21, 2021

    Many now agree: it’s imperative that workplaces be both diverse and inclusive. Perhaps the most often-quoted (and definitely most succinct)…

    Read More
    Publication
  • Federal OHS Violence & Harassment Prevention: 10 Key Changes January 1, 2021

    Jun 15, 2021

    As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…

    Read More
    Publication
  • 10 COVID-19 Workplace Vaccination Policy Tips

    Jun 10, 2021

    This publication has been updated as at August 27, 2021. With the COVID-19 vaccine widely available, and the COVID pandemic continuing,…

    Read More
    Publication
  • Tax Implications of Working from Home During COVID-19: 10 Employer FAQs

    Mar 31, 2021

    Close to five million Canadians who didn’t usually work from home, did so in 2020 because of the COVID-19 pandemic. Even as public health…

    Read More
    Publication
  • 3 FAQs About New Brunswick’s Expanded PNP Skilled Worker Stream

    Mar 19, 2021

    Recently, New Brunswick temporarily broadened the eligibility for its Skilled Worker Stream through its Provincial Nominee Program (PNP),…

    Read More
    Publication
  • Atlantic Canada Minimum Wage Increases Effective April 1, 2021

    Mar 15, 2021

    The COVID-19 Pandemic has focused more attention on the concept of a universal or guaranteed basic income that at any other time in modern…

    Read More
    Publication
  • Equipment Repair & Installation: 2 COVID-19 Travel Restriction Exceptions

    Mar 12, 2021

    Many businesses with industrial and commercial equipment rely on foreign workers to provide emergency repair or installation services, both for…

    Read More
    Publication
  • 10 Employer FAQs About Employee COVID-19 Testing & Vaccination

    Feb 16, 2021

    This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…

    Read More
    Publication
  • Estate Planning: Two Trust Solutions

    Feb 12, 2021

    Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…

    Read More
    Publication
  • China – Canada Connections: Estate Planning Obstacles & Opportunities

    Feb 12, 2021

    An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…

    Read More
    Publication
  • Contracting Chaos: 5 Key 2020 Employment Contract Lessons

    Jan 21, 2021

    Well-drafted, properly implemented written employment contracts are a key tool to avoiding or resolving disputes during and at the end of…

    Read More
    Publication
  • Waksdale v. Swegon North America Inc.: Cause for Termination Clause Concern

    Jan 20, 2021

    Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…

    Read More
    Publication
  • 3 FAQs About the Priority Skills NL Immigration Path

    Jan 13, 2021

    On January 2, 2021, Newfoundland and Labrador began accepting expressions of interest under the new Priority Skills NL stream through its…

    Read More
    Publication
  • Expedite Entry of Foreign “Essential” Workers to Canada: 10 Essential Tips

    Dec 10, 2020

    The current state of closed Canadian borders and stringent travel restrictions in efforts to contain the COVID-19 pandemic is likely to be the…

    Read More
    Publication
  • New Trust Reporting Requirements Effective for 2021 Tax Year

    Dec 7, 2020

    All trusts that continue to be in effect past December 31, 2020, will be subject to new reporting requirements and harsh non-compliance…

    Read More
    Publication
  • P.E.I. Workplace Harassment Prevention Obligations: 5 Key Regulatory Changes July 1, 2020

    Nov 3, 2020

    This publication has been updated as at July 9, 2021. For some time, every Prince Edward Island employer has been required to comply with…

    Read More
    Publication
  • 3 Key Estate Planning Considerations for Business Owners

    Oct 21, 2020

    For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…

    Read More
    Publication
  • 3 Key Estate Plan Benefits & Ingredients

    Oct 20, 2020

    Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or probate fees, and your…

    Read More
    Publication
  • Matthews v. Ocean Nutrition Canada Ltd.: Employee Bonus Entitlement Lives On

    Oct 19, 2020

    On October 9, 2020, the Supreme Court of Canada delivered its decision in Matthews v. Ocean Nutrition Canada Ltd. on whether a former employee…

    Read More
    Publication
  • Playing it Safe: Employer Obligations To Employees Working From Home

    Aug 12, 2020

    This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

    Read More
    Publication
  • Uber Technologies Inc. v. Heller: One-Sided Standard Form Clauses May Be Unenforceable

    Jul 6, 2020

    On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

    Read More
    Publication
  • Temporary Immigration Measures Make Hiring Temporary Foreign Workers Easier

    May 14, 2020

    This publication has been updated as of April 23, 2021. Employers that hire and employ temporary foreign workers must comply with many and…

    Read More
    Publication
  • Coping with COVID-19: Planning for Business Reopening

    Apr 30, 2020

    While the world is still reeling from ongoing COVID-19 concerns, many provinces have announced plans to relax public health restrictions put in…

    Read More
    Publication
  • Coping with COVID-19: Employers’ Top 10 Immigration Law FAQs

    Apr 15, 2020

    The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…

    Read More
    Publication
  • Atlantic Canada Minimum Wage Changes Effective April 1, 2020: More Than Wage Rates

    Apr 1, 2020

    Atlantic Canadian minimum wage rates (the lowest rate an employer is permitted to pay an employee) aren’t all that’s changing on April 1,…

    Read More
    Publication
  • Coping with COVID-19: (More) Employer FAQs

    Mar 27, 2020

    The COVID-19 novel coronavirus has evolved rapidly, and so have the workplace issues employers are facing – and the questions employers were…

    Read More
    Publication
  • PEI Employers Require Current Certificate of Legal Advice for AIP Endorsements

    Mar 13, 2020

    This publication has been updated as of May 10, 2022. The Prince Edward Island Office of Immigration requires designated employers to file a…

    Read More
    Publication
  • Coping with COVID-19: Employer FAQs

    Mar 12, 2020

    The havoc that COVID-19 (a.k.a. “novel coronavirus” or SARS-CoV-2) is wreaking around the globe – and around workplaces – is about to…

    Read More
    Publication
  • Atlantic Canadian Employees’ Rights & Employers’ Obligations at Election Time

    Oct 10, 2019

    “Do the unexpected. Take 20 minutes out of your day, do what young people all over the world are dying to do: vote.” Rick Mercer (hailing…

    Read More
    Publication
  • 5 Key Changes to N.L. OHS Workplace Violence & Harassment Prevention Obligations January 1, 2020

    Sep 6, 2019

    This publication has been updated as at July 9, 2021. Violence and harassment is an unfortunate reality of society – and of the workplace.…

    Read More
    Publication
  • Transitioning Immigrant Physicians to Canadian Permanent Residence Status: 3 Key Paths

    Aug 8, 2019

    This publication has been updated as at January 12, 2022. Canadian provinces are looking to immigration as a solution to labour market…

    Read More
    Publication
  • Webinar | Navigating the Global Talent Stream Labour Market Impact Assessment (LMIA)

    Jul 2, 2019

    Watch and listen to McInnes Cooper immigration lawyers David Nurse and Sarah McInnes as they chart the Global Talent Stream’s Labour Market…

    Read More
    Webinar
  • Navigating the Global Talent Stream Labour Market Impact Assessment (LMIA)

    Jun 28, 2019

    The Global Talent Stream is set to become a permanent member of Canada’s temporary foreign worker program (TFWP) fleet. A central pillar of…

    Read More
    Publication
  • Managing Social Media @ Work: 3 Steps to an Effective Workplace Social Media Policy

    Jun 5, 2019

    Like it or not, Canadians live life online. More people - and more employees - are sharing more information, images and opinions with more…

    Read More
    Publication
  • CBCA Register for Individuals With Significant Control: 5 FAQs

    May 21, 2019

    We updated this publication on February 17, 2023. As of June 13, 2019, private companies incorporated under the Canada Business Corporations…

    Read More
    Publication
  • 5 Basics Every Startup & Growing Business Should Know About Employment Law

    Apr 8, 2019

    Growing a business takes people. In early days, many startups have just one “employee”: the founder. At some point, the founder might retain…

    Read More
    Publication
  • New N.B. Workplace Anti-Violence & Harassment Obligations April 1, 2019

    Feb 27, 2019

    This publication has been updated as at July 9, 2021. As of April 1, 2019, employers of New Brunswick employees must comply with new…

    Read More
    Publication
  • Webinar | No Joking Matter: Complying with N.B. Workplace Anti-Violence & Harassment Requirements

    Feb 22, 2019

    As of April 1, 2019, employers of New Brunswick employees must comply with new occupational health and safety law requirements specific to…

    Read More
    Webinar
  • Immigration Law Compliance: 5 Key Best Practices for Employers

    Jan 31, 2019

    There’s no shortage of warnings of a worker shortage in Canada – and the consensus seems to be that it’s only going to get worse. The…

    Read More
    Publication
  • S.A. v. Metro Vancouver Housing Corp.: Can you trust a Henson trust?

    Jan 31, 2019

    On January 25, 2019, the Supreme Court of Canada considered, for the first time, “Henson trusts” and the nature of a disabled…

    Read More
    Publication
  • Privacy Interest in Personal Computer Contents: Supreme Court of Canada Confirms Ownership Isn’t 9/10 of the Law in R. v. Reeves

    Dec 19, 2018

    On December 13, 2018, the Supreme Court of Canada confirmed that a third party can’t waive a person’s right to privacy or their rights under…

    Read More
    Publication
  • How Canada’s New Impaired Driving Penalties Will Impact Canadian Immigrants & Employers

    Dec 18, 2018

    On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to…

    Read More
    Publication
  • 10 Burning Employer FAQs About Cannabis @ Work

    Dec 13, 2018

    This publication has been updated as of October 15, 2020. Canada became only the second country in the world to legalize cannabis (or…

    Read More
    Publication
  • Webinar | 5 Key Immigration Law Compliance Best Practices for Human Resource Professionals

    Sep 28, 2018

    Immigration is one of the key solutions to looming (and current) worker shortages in Canada. But an employer that hires a foreign worker must…

    Read More
    Webinar
  • Incorporating a Business? Incorporating in N.S. Will Soon Be More Attractive

    Sep 10, 2018

    As of January 2019, incorporating a limited company in N.S. will be more economical. On September 7, 2018, the N.S. government announced it’s…

    Read More
    Publication
  • Sarah McInnes in workplace.ca | The Top 5 Immigration Law Facts Every HR Professional Should Know

    Sep 4, 2018

    Immigration is one of the key solutions to the looming (or in some cases, current) worker shortage in Canada. In her article, The Top 5…

    Read More
    Publication
  • Extended Parental Leave: What to Expect When Your Employee is Expecting

    Jul 16, 2018

    Every parent knows that a lot can happen in 18 months. Many employers agree. The federal government’s extension of employment insurance…

    Read More
    Publication
  • Webinar | 5 Workplace Policy Areas to Manage Marijuana Risks

    Jun 27, 2018

    The legalization of recreational cannabis in Canada is imminent. Employers are feeling the heat to prepare – even as they continue efforts to…

    Read More
    Webinar
  • The More Modern & Transparent Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

    Read More
    Publication
  • Medical Marijuana, Residual Impairment & The Duty to Accommodate in Re Lower Churchill Transmission Construction Employers’ Assn. Inc. and IBEW, Local 1620 (Tizzard)

    Jun 8, 2018

    This publication has been updated as of September 28, 2020. In the last few years, many employers have been focused on preparing for and…

    Read More
    Publication
  • The Global Talent Stream: 5 Practical Learnings About the Latest Immigration Star

    May 24, 2018

    The Global Talent Stream is the central pillar of the Government of Canada’s recently launched Global Skills Strategy: an immigration program…

    Read More
    Publication
  • Accommodating Mental Disability: 5 Practical Tips

    May 11, 2018

    This article has been updated as of January 19, 2022. It can be challenging for employers to fulfill their legal duty to accommodate an…

    Read More
    Publication
  • A Lid on Medical Pot: No health Plan Coverage or Workers Compensation Benefits

    Apr 26, 2018

    The N.S. Court of Appeal has reached two decisions ending one employee’s quest for coverage of the costs of his medical marijuana – at least…

    Read More
    Publication
  • 5 Practical Tips for Recruiting International Staff Physicians

    Apr 17, 2018

    This publication has been updated as at January 12, 2023. There’s no shortage of media coverage about a doctor shortage in Canada and the…

    Read More
    Publication
  • Webinar | #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Apr 2, 2018

    Workplace sexual harassment isn’t a new issue, nor is it limited to any one industry or country – but it's one that far more women than men…

    Read More
    Webinar
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

    Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

    Read More
    Publication
  • #It’s Time: A 5-Step Sexual Harassment Risk Mitigation Strategy for Employers

    Mar 29, 2018

    We updated this publication on March 11, 2020. The #metoo and #timesup movements drove workplace sexual harassment to the front and center of…

    Read More
    Publication
  • Be Diligent: 5 Practical Steps to Enforceable Workplace Policies

    Feb 2, 2018

    Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…

    Read More
    Publication
  • Medical Cannabis Health Benefits Coverage Strategy: Key Considerations

    Jan 25, 2018

    Insurers have generally been leery of coverage for medical cannabis in both the health benefit claims and in cost of care claims in the personal…

    Read More
    Publication
  • How the Pros Get Into Canada: 5 FAQs About the NAFTA Professional Work Permit

    Jan 18, 2018

    The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…

    Read More
    Publication
  • The Legal Reality: Canadian Appeal Court decides “Virtual Presence” is enough for production order for user information against non-Canadian company in British Columbia (Attorney General) v. Brecknell

    Jan 12, 2018

    Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

    Read More
    Publication
  • Supreme Court of Canada Confirms Auditor Negligent & Liable for $40M in Livent v. Deloitte

    Dec 23, 2017

    Parents often threaten their children that if their behaviour did not improve they will get a lump of coal in their Christmas stockings. On…

    Read More
    Publication
  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    Dec 22, 2017

    Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

    Read More
    Publication
  • Denis Mahoney & Brittany Keating in the NLCA 2018 Construction Journal | Testing 1-2-3: The latest on drug & alcohol testing in safety-sensitive workplaces

    Dec 18, 2017

    The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…

    Read More
    Publication
  • 5 Helpful Holiday Hints for Human Resources

    Dec 8, 2017

    This article has been updated as of December 2, 2021. For many people, the holiday season now upon us is a fun-filled time of the year. But…

    Read More
    Publication
  • Canada’s Private Corporation Tax Proposals: Year End Planning in the Face of Uncertainty

    Nov 20, 2017

    October 2, 2017 marked the end of the consultation period relating to the taxation of private corporation proposals the Department of Finance…

    Read More
    Publication
  • “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act

    Nov 17, 2017

    It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

    Read More
    Publication
  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    Nov 2, 2017

    On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

    Read More
    Publication
  • Protect Your Assets: 3 Best Practices for Intellectual Property (IP) Owners

    Oct 31, 2017

    Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

    Read More
    Publication
  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    Oct 11, 2017

    The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

    Read More
    Publication
  • No NAFTA? No Problem – For Temporary Business Travel, That Is

    Sep 22, 2017

    Canada’s most important trading relationship is – in all likelihood – about to change: the current U.S. administration has put the future…

    Read More
    Publication
  • 5 Employer “Family Status” Discrimination & Accommodation FAQs

    Sep 21, 2017

    This publication has been updated as at January 13, 2022. An increasing number of employees are struggling to meet the challenge of the…

    Read More
    Publication
  • Federal Crown’s Deemed Trust Priority for Unremitted GST/HST Survives Bankruptcy

    Aug 28, 2017

    Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

    Read More
    Publication
  • 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

    In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

    Read More
    Publication
  • Relief is Here: N.S. Registered Defined Benefit Plans Get Temporary Solvency Funding Relief

    Aug 11, 2017

    After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…

    Read More
    Publication
  • Proposed Changes to Business Income Tax Rules: A Gamechanger for Private Business Owners

    Aug 4, 2017

    On July 18, 2017, Canada’s Minister of Finance released proposed changes to the Income Tax Act (Canada) that, if implemented, will mark one of…

    Read More
    Publication
  • Federal Human Rights Law: No Gender Identity or Expression Discrimination

    Jul 28, 2017

    This publication has been updated as of October 14, 2020. On June 19, 2017, Bill C-16, An Act to amend the Canadian Human Rights Act and the…

    Read More
    Publication
  • Take Pride @ Work: 5 Ways Employers Can Support Gender Diversity

    Jul 28, 2017

    This publication has been updated as at June 10, 2022.  The rapid rise in ESG (Environment, Social and Governance) principles has increased…

    Read More
    Publication
  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    Jul 17, 2017

    A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

    Read More
    Publication
  • Jack Graham in Canadian Lawyer InHouse: Deconstructing the Workplace

    Jul 13, 2017

    More employees are seeking flexible work arrangements as a new way of working to better juggle their family and personal responsibilities. In…

    Read More
    Publication
  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    Jul 11, 2017

    The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

    Read More
    Publication
  • Go Global @ Home: Supreme Court of Canada Confirms Global Order to Remove Internet Content in Google Inc. v. Equustek Solutions Inc.

    Jun 28, 2017

    On June 28, 2017, the Supreme Court of Canada confirmed a Canadian court can issue an interlocutory injunction (an order requiring an entity or…

    Read More
    Publication
  • Like it or Not: Supreme Court of Canada decides class action against Facebook can go ahead in B.C. – despite its terms of use in Douez v. Facebook, Inc.

    Jun 23, 2017

    On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…

    Read More
    Publication
  • 5 Key Steps for a Proper Workplace Investigation

    May 19, 2017

    Investigations are a vital - but difficult - part of workplace management. The value of a proper investigation can’t be overstated: it plays a…

    Read More
    Publication
  • Bradley Proctor in the Workplace Environment Health & Safety Reporter

    May 16, 2017

    Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…

    Read More
    Publication
  • Estate Planning in the Age of Medical Assistance In Dying (MAID)

    Apr 21, 2017

    In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

    Read More
    Publication
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

    Read More
    Publication
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    Apr 17, 2017

    Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

    Read More
    Publication
  • Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada

    Apr 6, 2017

    Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

    Read More
    Publication
  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    Apr 5, 2017

    NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

    Read More
    Publication
  • The Atlantic Immigration Pilot Program (AIPP): 5 Key Opportunities & Risks for Employers

    Feb 22, 2017

    On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic Immigration Program (AIP). Learn more at From Pilot to…

    Read More
    Publication
  • 12 Key Do’s & Don’ts of Hiring & Firing

    Jan 31, 2017

    We updated this publication on March 1, 2023. The hiring process and the termination process are equally important stages of the employment…

    Read More
    Publication
  • Canadians With U.S. Connections: Key Cross-Border Estate Planning Strategies

    Jan 20, 2017

    Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

    Read More
    Publication
  • Don’t Sell Yet: How Principal Residence Exemption (PRE) Changes Affect Trusts

    Dec 22, 2016

    Effective January 1, 2017, the kinds of trusts that can claim the Principal Residence Exemption (PRE) will be limited. Now, the PRE allows…

    Read More
    Publication
  • Supreme Court of Canada Speaks on the Rectification of Transactions

    Dec 14, 2016

    On December 9, 2016, the Supreme Court of Canada clarified when a court can rectify a transaction that has had unintended tax consequences for…

    Read More
    Publication
  • 5 Employer FAQs About Religious Accommodation @ Work

    Dec 13, 2016

    Employers’ legal duty to accommodate employees seems to most frequently come up in the context of employees with disabilities. But that duty…

    Read More
    Publication
  • The 5 Key Elements of an Attendance Management Program (AMP)

    Nov 15, 2016

    The employment contract is an exchange of labour for wages and other benefits, so employers are entitled to expect regular ongoing attendance…

    Read More
    Publication
  • 3 Key Employment Law Steps to Take Now to Help You Sell Later

    Oct 19, 2016

    Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

    Read More
    Publication
  • Uber Angst: Employees & Independent Contractors in the Sharing Economy

    Sep 29, 2016

    Whether someone is an employee or an independent contractor has long caused employers a degree of angst. And the recent emergence of a new…

    Read More
    Publication
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

    The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

    Read More
    Publication
  • No Union? No Problem: Supreme Court of Canada Decides Canada Labour Code Bars Dismissal of Non-Unionized Employees Without Cause in Joseph Wilson v. Atomic Energy of Canada

    Jul 15, 2016

    On July 14, 2016, the Supreme Court of Canada decided that the “Unjust Dismissal” sections of the Canada Labour Code ensure that…

    Read More
    Publication
  • NS Dives into Pooled Registered Pension Plans (PRPP)

    Jun 30, 2016

    As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…

    Read More
    Publication
  • Label Delicate: Workplace Dress Codes Test & Tips

    Jun 29, 2016

    Employers are entitled to mandate dress codes in the workplace, and even to discipline employees who refuse to comply. But a workplace dress…

    Read More
    Publication
  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

    Read More
    Publication
  • Supreme Court of Canada Decides Income Tax Act Sections are Unconstitutional – and Strengthens Solicitor-Client Privilege in Canada (Attorney General) v. Chambre des notaires du Québec & Canada (National Revenue) v. Thompson

    Jun 6, 2016

    On June 3, 2016, the Supreme Court of Canada, in two related decisions, strengthened the legal protection of solicitor-client privilege in…

    Read More
    Publication
  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

    Read More
    Publication
  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    May 31, 2016

    You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

    Read More
    Publication
  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

    “Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

    Read More
    Publication
  • 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)

    Apr 15, 2016

    On April 14, 2016, Canada’s federal Justice Minister proposed legislation setting out the conditions that a person wishing to undergo…

    Read More
    Publication
  • The Nuances of Labour Marketing Impact Assessments (LMIA): 2 Key Exemptions to Minimum Advertising Requirements

    Mar 29, 2016

    Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers…

    Read More
    Publication
  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 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…

    Read More
    Publication
  • 3 Tips to Manage Employee Tardiness Due to Adverse Weather Conditions

    Feb 23, 2016

    Employee tardiness is a significant problem for employers - and bad weather is one of the top three reasons that employees give for it according…

    Read More
    Publication
  • The Top 12 Employment Contract Terms

    Feb 1, 2016

    This publication has been updated as at November 15, 2022. A well drafted and properly implemented written employment contract can be…

    Read More
    Publication
  • Employers Face More Inspections & New Penalties Under the New Temporary Foreign Worker Regime (TFWP) Effective December 1, 2015

    Dec 16, 2015

    As of December 1, 2015, the new Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) regulations took effect.…

    Read More
    Publication
  • An Ounce of Prevention is Worth a Pound of Response: The W-5’s of Managing Conflict & Preventing Harassment, Bullying & Violence @ Work

    Dec 7, 2015

    Violence has become an unfortunate reality in current society, and the workplace is not immune. With more people spending more time at work,…

    Read More
    Publication
  • Tax Implications of Personal Services Businesses (PSB) Status & Strategies to Avoid It

    Oct 23, 2015

    Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

    Read More
    Publication
  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

    Read More
    Publication
  • 10 of the Top Employers’ Attendance Management Problems

    Aug 13, 2015

    The employment contract, at its core, is an exchange of work for compensation. So at a very basic level, employers are entitled to expect…

    Read More
    Publication
  • Invalidation of Bequest to Neo-Nazi Group as Against Public Policy Withstands Appeal

    Jul 30, 2015

    Note: On June 9, 2016, the Supreme Court of Canada dismissed the National Alliance’s application for leave to appeal the New Brunswick Court…

    Read More
    Publication
  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

    Read More
    Publication
  • The Export/Import Journey: 3 Key Ways Choosing a Free Trade Agreement Country Can Simplify the Trip

    Apr 2, 2015

    The market for the sale and the supply of goods is a global one for many businesses in today’s economy. Both exporting goods from Canada and…

    Read More
    Publication
  • 5 FAQs About Workplace Sex Discrimination

    Mar 31, 2015

    This publication has been updated as at June 24, 2021. Women make up close to half of the employed workforce: in 2019, Canadian women 15…

    Read More
    Publication
  • 5 Hot Tips to Help Employers Handle Office Romances

    Feb 13, 2015

    This publication has been updated as at January 26, 2022. With people spending so many of their waking hours at or connected to work these…

    Read More
    Publication
  • No More Criminalization of Physician-Assisted Dying: The Ripple Effects of A Watershed Decision in Carter v. Canada (Attorney General)

    Feb 9, 2015

    NOTE: On April 14, 2016, the federal government proposed legislation setting out the conditions that a person wishing to undergo…

    Read More
    Publication
  • Charter Protects the Right to Strike

    Feb 2, 2015

    On January 30, 2015 the Supreme Court of Canada decided that the Canadian Charter of Rights and Freedom’s protection for freedom of…

    Read More
    Publication
  • Bad Faith & Unfair Dealing in Employee Dismissal: 7 Lessons in 7 Years

    Jan 30, 2015

    In December 2014, the NL Supreme Court ordered an employer to pay its former employee $30,000 in moral damages to compensate him for the mental…

    Read More
    Publication
  • Privacy in Basic Cell Phones: SCC Continues Trend of Privacy Protection in R. v. Fearon

    Dec 11, 2014

    On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

    Read More
    Publication
  • 5 Tips to Manage Employer (Social) Host Liability

    Dec 5, 2014

    This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…

    Read More
    Publication
  • Egg Films Epilogue: 5 Key Implications of NS Union Certification Based on “Industry” Dependence

    Nov 27, 2014

    Recently, the NS Court of Appeal confirmed that a union can be certified as the bargaining agent of employees based merely on their dependence…

    Read More
    Publication
  • 5 New Obligations on NB Employers Effective September 1, 2014 in NB Employment Standards Act

    Sep 30, 2014

    Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…

    Read More
    Publication
  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    Sep 16, 2014

    This publication has been updated as at August 25, 2022. Many believe that only public companies or large, established companies with many…

    Read More
    Publication
  • Canadian Treaty Shopping Proposal Shelved Pending Final OECD Recommendation, First To Be Released September 16

    Sep 11, 2014

    The Canadian federal government has been concerned for some time about “treaty shopping” by non-residents – the practice of non-residents…

    Read More
    Publication
  • Complying With Canada’s Anti-Spam Law (CASL) – Foreign Organizations Doing Business in Canada Need to Pay Attention

    Aug 1, 2014

    Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

    Read More
    Publication
  • Canada’s Temporary Foreign Worker Program Overhaul

    Jul 9, 2014

    On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…

    Read More
    Publication
  • Legal Update: Feds Crack Down On Employer Abuse Of Temporary Foreign Worker Program

    Apr 3, 2014

    On March 28, 2014 the Federal Government tabled Bill C-31 to implement the 2014 Federal Budget – including broad authority to impose cash…

    Read More
    Publication
  • Legal Update: More Changes to Federal Temporary Foreign Worker Program

    Jan 21, 2014

    On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…

    Read More
    Publication
  • Privacy in Computer Contents: Supreme Court of Canada Picks Up Where It Left Off in R. v. Vu

    Nov 8, 2013

    On November 7, 2013, the SCC decided police require specific authorization in a search warrant to search the data in a computer because of the…

    Read More
    Publication
  • Privacy Trumps Safety: SCC Strikes Down Mandatory Random Alcohol Testing Policy

    Jul 2, 2013

    On June 14, 2013, the Supreme Court of Canada’s decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp…

    Read More
    Publication
  • Legal Alert: Federal Temporary Foreign Worker Program Changes

    Apr 30, 2013

    Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…

    Read More
    Publication
  • Students with Learning Disabilities Have a Right to Education Comparable to that of the General Student Population in Moore v. British Columbia (Education)

    Jan 8, 2013

    On November 19, 2012, the Supreme Court of Canada (SCC) unanimously ruled a B.C. public school system’s failure to provide adequate and…

    Read More
    Publication
  • Supreme Court of Canada Confirms Employees May Have a Limited Reasonable Expectation of Privacy In Work Computer in R. v. Cole

    Nov 28, 2012

    On October 19, 2012 the Supreme Court of Canada (SCC) decided that a teacher criminally charged with possession of child pornography and…

    Read More
    Publication
  • Legal Alert: SCC Finds Limited Reasonable Expectation of Privacy In Work Computer But Evidence Still Admissible

    Oct 22, 2012

    Mr. Cole was a high school teacher with an employer owned and issued laptop computer.  He also used it for incidental personal purposes, which…

    Read More
    Publication
  • Court Confirms Reviewing Courts Should Give Early Due Deference to Administrative Decision-Makers

    Jul 10, 2012

    On March 16, 2012, the Supreme Court of Canada (“SCC”) confirmed the decision of the N.S. Court of Appeal, reinstating the N.S. Human Rights…

    Read More
    Publication
  • “Canada Day” Or “July 1st”: Which Is The “Holiday” For Employees?

    Jun 14, 2012

    As any Canadian knows, July 1st – Canada Day – is the first long weekend of the summer; or is it?  This year, July 1st falls on a Sunday. …

    Read More
    Publication
  • 10 Tips to Deal with Employee Discipline for Social Media Use

    Mar 1, 2012

    Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…

    Read More
    Publication
  • Alert: Significant Changes to NS Human Rights Complaint-Handling Procedure Effective January 1, 2012

    Jan 5, 2012

    Effective January 1, 2012, NS’s Human Rights Commission will receive, investigate and handle complaints under NS’s Human Rights Act under a…

    Read More
    Publication
  • Multiple Extensions of Termination Date Nullify Termination Notice

    Dec 19, 2011

    In a decision with application to Atlantic Canada, the Ontario Court of Appeal found that an employer’s multiple extensions of a terminated…

    Read More
    Publication
  • NB Court of Appeal Upholds Mandatory Random Alcohol Testing Policy

    Aug 6, 2011

    Note: On June 14, 2013 the Supreme Court of Canada issued its decision in Communications, Energy and Paperworkers Union of Canada, Local 30 v.…

    Read More
    Publication
  • Ontario Court of Appeal Finds Reasonable Expectation of Privacy in Work Computer

    May 6, 2011

    In March 2011, the Ontario Court of Appeal found that an employee had a limited expectation of privacy in the contents of a work computer. The…

    Read More
    Publication
  • Changes to Federal Foreign Worker Regulations Effective April 1, 2011: A Serious Issue for Employers

    Mar 6, 2011

    In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…

    Read More
    Publication

Stay Updated

Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.

Connect With Us:
  • Follow us on Twitter @mcinnescooper
  • Like us on Facebook @mcinnescooperlaw
  • Join us on LinkedIn @mcinnes-cooper
  • 1.866.439.6246
  • Privacy Policy
  • Copyright © 2023 — McInnes Cooper
Lex Mundi Logo MC Advisory Logo