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Home > Our Insights > How Canada’s New Impaired Driving Penalties Will Impact Canadian Immigrants & Employers
Publication

How Canada’s New Impaired Driving Penalties Will Impact Canadian Immigrants & Employers

Published:

December 18, 2018

Author(s):

  • Meghan Felt
  • Morganne Foley

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On December 18, 2018, the maximum sentence possible for impaired driving (among other things) will increase as the result of amendments to Canada’s Criminal Code, introduced by Bill C-46. This tougher stance against impaired driving is welcome by many. However less welcome, and perhaps unintended, is the collateral damage to Permanent and Temporary Residents of Canada – and employers. The critical interplay between the Criminal Code and Canada’s Immigration and Refugee Protection Act (IRPA) means increasing the Criminal Code’s maximum possible sentence for impaired driving also escalates the offence from the “criminality” to the “serious criminality” level under IRPA. The impact on all Canadian immigrants, foreign nationals seeking to immigrate to Canada, and employers are far-reaching: an impaired driving conviction, regardless of the actual penalty imposed, where in the world it occurs, or the lack of any prior convictions, will expose both Permanent and Temporary Residents to the risk of removal from Canada and will make it harder for foreign nationals to enter Canada. Here’s who will suffer the collateral damage of the new DUI penalties and what the damage will be.

The Impact on Immigrants. The increased penalty for impaired driving convictions will impact all Canadian immigrants, regardless of their immigration status, and foreign nationals seeking to immigrate to Canada:

  • Permanent Resident. Currently, the immigration status of an individual who has attained Permanent Resident status in Canada isn’t affected by an impaired driving offence. But as of December 18, 2018, a Permanent Resident convicted of an impaired driving offence, regardless of the actual sentence imposed, will be at risk for revocation of their Permanent Resident status and removal from Canada. Additionally, because IRPA prohibits the appeal by a Permanent Resident of a finding of inadmissibility for “serious criminality”, escalating impaired driving from mere criminality to serious criminality compounds the potential impact. These impacts apply to all Permanent Residents, regardless of the Permanent Residency program under which they entered Canada. And for the purposes of returning in the future they’ll have to start from scratch – and will be subject to the same criteria for admissibility into Canada as any other foreign national.
  • Temporary Resident. Currently, a Temporary Resident convicted of an impaired driving offence, regardless of the actual sentence imposed, is at risk for revocation of their Temporary Residence status and removal from Canada – and this won’t change as of December 18, 2018. Generally, “Temporary Residents” include all foreign nationals in Canada who don’t have Permanent Resident status, including foreign workers, visitors (including tourists and “business visitors”) and students. For the purposes of returning in the future they, too, will have to start from scratch, and will be subject to the same criteria for admissibility into Canada as any other foreign national.
  • Foreign Nationals. Currently, a foreign national convicted of an impaired driving offence is inadmissible to Canada. However, a foreign national seeking entry as a Temporary Resident can benefit from “deemed rehabilitation” under IRPA after 10 or more years have passed since they completed their sentence or probationary period. If only five or more years have passed, they must apply for rehabilitation under IRPA, and if less than five years have passed, they can apply for a Temporary Resident Permit (TRP). But as of December 18, 2018, “deemed rehabilitation” will no longer be an option; to get into Canada, a foreign national who commits an impaired driving offence on or after December 18, 2018, must apply for and obtain a TRP or rehabilitation, no matter their circumstances or resources. IRPA also prohibits the appeal by a foreign national of a finding of inadmissibility for “serious criminality”– so appealing might not be an option either.

The Impact on Employers. Immigrants (and their families) will obviously be most acutely impacted by these changes. But employers will also be impacted. It’s no secret that Canadian employers are facing a labour shortage challenge, and that they’re looking to immigration as a key solution to that challenge. When Bill C-46’s amendments to the Criminal Code take effect, Canadian employers that employ Permanent or Temporary Residents will face the potential loss of skilled and valuable employees, many of whom they might have gone to considerable lengths – and expense – to locate and to hire. For example, in many cases, a Canadian employer must obtain a Labour Market Impact Assessment (LMIA) before hiring a Temporary Foreign Worker, a process that’s typically arduous, time-consuming and costly – and for which there are no refunds. Canadian employers seeking to hire foreign workers to come to Canada will be looking in a pool of candidates that will be either smaller because more will be considered inadmissible, or filled with more potential employees who must take further steps to gain admissibility. Furthermore, multi-national and foreign organizations that have, to date,  moved employees across the Canadian border with relative ease, whether as intra-company transferees or as a brief “business visitor”, might now find those same employees inadmissible to Canada – and need to revisit which employees in their ex-Canada operations can enter Canada and how.

The Impact of the Timing. The time of the offence will be a critical factor in determining whether an immigrant’s impaired driving conviction meets the level of “criminality” or of “serious criminality” under IRPA – and thus subjects them to the harsher consequences. Based on court decisions (such as the Supreme Court of Canada’s 2017 decision in Tran v. Canada (Public Safety and Emergency Preparedness) the date on which the immigrant committed the offence is the relevant date to determine whether an immigrant’s crime is one of “criminality” or of “serious criminality” under IRPA. So the changes will affect only those who commit an impaired driving offence on or after December 18, 2018; those who committed such an offence before December 18, 2018, will still be classified at the lower “criminality” level.

The Critical Interplay: Criminal Code & IRPA

It’s the interplay between the Criminal Code of Canada and Canada’s Immigration and Refugee Protection Act (IRPA) that causes the Bill C-46 amendments, and the increased maximum possible sentence for the offence of impaired driving under the Criminal Code, to have such far-reaching consequences for Canadian immigrants.

The Criminal Code. The Criminal Code of Canada establishes criminal offences and the maximum penalties for those offences, including impaired driving offences. Currently, the greatest punishment available for an impaired driving offence is a maximum term of imprisonment of five years (which applies if the Crown chooses to prosecute the offence by way of an indictable rather than a summary offence). Bill C-46 will increase this greatest punishment available for some impaired driving convictions, including impaired driving where there’s no resulting bodily harm or death, to a maximum term of imprisonment of 10 years. Of course, the severity of the actual sentence a court imposes on a person convicted of any offence will depend on the specific facts of each case. Practically, most people convicted of impaired driving, particularly first-time offenders, won’t actually be sentenced to imprisonment for 10 years. But it’s the maximum sentence that’s possible – not the actual sentence that’s imposed – that causes the immigration impact under IRPA.

The Immigration and Refugee Protection Act (IRPA). Canada’s Immigration and Refugee Protection Act (IRPA) applies to all Canadian immigrants:

  • “Temporary Residents”. Temporary Residents are generally foreign nationals who haven’t applied for or attained Permanent Resident status in Canada, including: all “temporary foreign workers” regardless of under which Canadian immigration program (such as the Temporary Foreign Worker Program or the International Mobility Program) or which path under that program (for example, the Global Talent Stream) via which they entered Canada; visitors of any kind, including “business visitors”, such as those entering Canada solely to attend a meeting or to repair a product; and students.
  • Permanent Residents. Permanent Residents are foreign nationals who’ve attained Permanent Resident status in Canada, regardless of the permanent residency program under which they attained their status including, for example, via the Atlantic Immigration Pilot Program, the Federal Express Entry Program, the Family Sponsorship, or any of the Provincial Nominee Programs (PNPs).

One of the factors for establishing “admissibility” in Canada (both for a foreign national seeking entry into Canada and for an immigrant’s eligibility to stay in Canada) under IRPA is their criminal record. For this purpose, IRPA establishes two levels of criminal convictions, both of which IRPA defines by reference to the Criminal Code of Canada: mere “criminality” and “serious criminality”. Thus, there’s a critical interplay between provisions of the Criminal Code and IRPA – and changes in one can effect changes in the other.

The Escalation Effect

This is exactly what will happen when Bill C-46, and its amendments to the Criminal Code, take effect: changing the Criminal Code to increase the maximum potential sentence for impaired driving offences under the Criminal Code will have the effect of escalating the crime of impaired driving from the “criminality” to the “serious criminality” level under IRPA – with serious consequences for Canadian immigrants:

“Serious Criminality”. Under subsection 36(1) of IRPA, Canadian immigration authorities can find both Permanent Residents and Temporary Residents “inadmissible” to Canada (meaning they can be refused entry into Canada, or if they are already in Canada, they can be subject to deportation proceedings) if they commit a crime that meets the standard of “serious criminality”. A person has committed a crime of “serious criminality” under IRPA in any of these circumstances:

  • They are convicted in Canada of an offence under an Act of Parliament – such as the Criminal Code of Canada – punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed.
  • They are convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
  • They have committed an act outside Canada that is an offence in the place where it was committed and that if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.

Currently, the maximum punishment for an impaired driving offence possible under the Criminal Code is a term of imprisonment of five years. As a result, it’s not currently classified as a crime of “serious criminality”, but only of “criminality”. “Criminality” affects only Temporary Residents – not Permanent Residents – and IRPA includes options to ameliorate the impact of a criminal conviction at the “criminality” level. But when the Bill C-46 amendments take effect, the maximum punishment possible will be a term of imprisonment of 10 years, elevating it to a crime of “serious criminality”. This will render both Temporary and Permanent Residents convicted of impaired driving – even a first offence for which the sentence actually imposed is only a fine – inadmissible to Canada, and expose them to the risk of revocation of their status and removal proceedings under IRPA.

Mere “Criminality”. Under section 36(2)) of IRPA, Canadian immigration authorities can find Temporary Residents inadmissible to Canada if they commit a crime that meets the lesser standard of “criminality”. A person has committed a crime of “criminality” under IRPA in any of these circumstances:

  • They have been convicted in Canada of: an offence under an Act of Parliament – which includes the Criminal Code of Canada – that the Criminal Code says is punishable by way of indictment; or of two offences under any Act of Parliament that didn’t arise out of a single occurrence.
  • They have been convicted outside Canada of: an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament.
  • If a person has committed an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.

Currently, Temporary Residents and foreign nationals seeking entry as Temporary Residents are inadmissible to Canada even if they have one impaired driving offence because under the Criminal Code, an impaired driving offence can be prosecuted by way of indictment. However, under IRPA, a Temporary Resident or a foreign national with only one indictable offence that’s punishable by less than 10 years’ imprisonment, is “deemed” to be “rehabilitated” 10 years after they complete their sentence or probation (as the case may be). Deemed rehabilitation doesn’t require an application, and effectively negates the conviction in terms of the admissibility criteria. They can also apply for criminal rehabilitation five years after they complete their sentence or probation or, if less than five years have passed, they can apply for a Temporary Resident Permit (TRP), a short term solution that allows entry to Canada on a temporary basis despite being otherwise inadmissible (because of a criminal conviction(s), for example). But when Bill C-46 takes effect, impaired driving will become punishable by a maximum term of imprisonment of 10 years – and deemed rehabilitation under IRPA will no longer be an option for either Temporary Residents or foreign nationals seeking entry as a Temporary Resident with even one impaired driving conviction for an offence committed on or after December 18, 2018. The only options will be: to formally apply for criminal rehabilitation regardless of their personal circumstances, the severity of their actual sentence or the time that’s passed since they committed the offence; or apply for a TRP, which, given the conviction will now be at the level of “serious criminality”, will likely be more difficult to obtain.

No More Appeal. Section 64(1) of IRPA compounds the damage the escalation to the level of “serious criminality” causes. Under this section, neither foreign nationals nor Permanent Residents found inadmissible to Canada for “serious criminality” have the right to appeal that finding of inadmissibility to the Immigration and Appeal Division (IAD).


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, 2018. 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.

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

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    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…

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    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…

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    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
  • 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
  • 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…

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    Webinar
  • 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…

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    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…

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    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…

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    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…

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    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.…

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    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…

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    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,…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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.…

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    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…

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    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…

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    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…

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    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…

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

    Nov 22, 2016

    Canada’s most important trading relationship might undergo some change with the results of the 2016 U.S. election. Facilitating cross-border…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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…

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    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.…

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    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
  • 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
  • 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
  • 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
  • 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
  • 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

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