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 designed to help high-growth, innovative businesses bring unique and specialized global talent to Canada in a timely manner. And while it’s only nine months old, the Global Talent Stream appears to have legs as an effective program that will help many Canadian companies attract and retain global talent. Here’s a preview of the Global Talent Stream program and five practical learnings (so far) about how the federal government is implementing it.
The Global Talent Stream Program
The Global Talent Stream offers Canadian employers yet another immigration path to recruit foreign nationals, joining the growing cast of immigration programs that includes (among others) Provincial Nominee Programs (PNP), the Atlantic Immigration Pilot, the Canadian Experience Class, the Federal Skilled Worker and Trades Programs, the Temporary Foreign Worker (TFWP) and International Mobility Programs and treaty-related routes (like NAFTA). Canadian companies can take advantage of the Global Talent Stream by submitting an application via one of the program’s two categories. Applications will receive a prioritized standard of service from Employment and Social Development Canada (ESDC) and benefit from an expedited 10-business day processing time.
Category A. Category A applicants must be referred to ESDC by a “designated referral partner” and must demonstrate to ESDC that unique and specialized foreign talent is required for their business to scale-up and grow.
Category B. Category B of the Global Talent Stream is intended to assist Canadian companies fill in-demand, highly skilled positions on ESDC’s Global Talent Occupations List, which have been determined to be in-demand and for which there is insufficient domestic labour. As of March 28, 2018 the list contains the following occupations (by National Occupation Classification or “NOC”):
Labour Market Benefits Plan. Applicants under both Category A and Category B must work with ESDC to develop a Labour Market Benefits Plan. These plans must contain firm commitments by companies to take measures that will benefit the Canadian labour market. Companies must make both mandatory and complementary commitments.
Compliance Reviews. After ESDC has approved the Labour Market Benefit Plan, it can conduct compliance reviews every six months to ensure the applicant is meeting its Labour Market Benefits Plan commitments.
Wages. In addition to commitments they make in the plans, companies must pay wages to the foreign workers that are similar to wages paid to Canadians and permanent residents who share the same job, skills, work location and experience.
5 Key Learnings
Here are five practical key learnings about how the federal government is implementing the Global Talent Stream based on our experience working with the program.
By requiring Category A applicants be referred by a designated referral partner, the federal government is effectively relying on them – and giving them the discretion – to pick the right type of companies to participate in the Global Talent Stream program. However, ESDC has given each designated referral partner written guidance on the type of companies to refer to the program, and instructed them to consider such criteria as the company’s income, growth over the past several years, and whether they are in high-growth sectors or doing innovative work.
The practical result of the referral requirement, combined with ESDC’s expectation that the designated referral partners have direct knowledge of the referred companies and their businesses, is that an applicant must have an established relationship with a designated referral partner before seeking referral to the program. This is fantastic for companies already interacting with the designated referral partners: they are already insiders. But it also means that Category A is effectively a closed program, open only to companies with an already-existing relationship with a designated referral partner. The moral: get to know your local designated referral partner before – not after – you apply for the program.
For a standard Labour Market Impact Assessment (LMIA) outside of the Global Talent Stream, one ESDC officer is normally assigned to the file. But inside the Global Talent Stream, and specifically Category A applications, it appears there are two officers assigned and two distinct assessment phases. The first officer’s role seems to be to confirm the completeness of the application, while the second officer undertakes a comprehensive review of the application to determine if it meets program requirements and engages directly with the applicant on the Labour Market Benefits Plan. The applicant’s lead should be well-briefed on the LMIA application and the proposed Labour Market Benefits Plan and prepared to spend several hours working with ESDC to finalize the plan. Our experience is the ESDC officer assessing the application will take an hour or more to review the Labour Market Benefits Plan with the applicant, and many of the questions are very in-depth and involve specific human resources practices and the commitments the company will be making to support the plan.
The Global Talent Stream documentation doesn’t expressly specify the recruitment requirements that applicants must have made before eligibility as either Category A or B applicants. But despite this we think ESDC still expects applicants to have made reasonable efforts to locate a suitable Canadian before applying and to have documented these efforts – and might refuse an application if it hasn’t. The program guidelines state, “While there is no minimum recruitment requirement for the Global Talent Stream, you are encouraged to recruit Canadians and permanent residents before offering a job to a temporary foreign worker. You will be asked, as part of your application to describe any recruitment efforts conducted.”
The successful applicant’s human resources manager or program lead should closely track progress on the Labour Market Benefits Plan and be prepared to provide regular updates. The Global Talent Stream contemplates that Category A companies will have regular six-month follow-up calls with ESDC to review and track progress on the Labour Market Benefits Plan. This means not only that employers must pay close attention to their Labour Market Benefits Plan and document efforts to achieve it, but also that they are truly entering into a long term partnership with ESDC. Unlike a typical LMIA application where for many applicants contact with ESDC ends with approval (unless they are selected for review/audit), participants in the Global Talent Stream Category A will have regular contact with ESDC for several years.
Please contact your McInnes Cooper lawyer or any member of the Immigration 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.
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…
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…
Feb 1, 2023
On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings requiring companies using targeted…
Jan 26, 2023
In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…
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…
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…
Dec 1, 2022
The COVID-19 pandemic drove remote work to unprecedented heights. Employee calls for greater flexibility, and cost savings for employers, have…
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…
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…
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…
Jun 23, 2022
The current labour crunch is only strengthening the business case for building a workplace that’s welcoming to diverse employee pools –…
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…
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…
May 10, 2022
We updated this publication on March 1, 2023. On January 1, 2022, the Atlantic Immigration Pilot Program became the permanent Atlantic…
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…
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…
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…
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…
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)…
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…
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,…
Jan 27, 2022
Since COVID-19 vaccinations rolled out, employers have grappled with workplace COVID-19 vaccination policies, with little guidance from courts…
Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Dec 16, 2021
We updated this publication on December 21, 2022. The name of the game is to have a plan to mitigate the risk that a data breach will happen…
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…
Nov 25, 2021
As COVID-19 continues, many workplaces have morphed from remote work arrangements into hybrid arrangements for many employees. By necessity,…
Oct 28, 2021
COVID-19 forced many employers to make temporary, and even permanent, changes to the terms of employees’ employment, from scheduling and…
Oct 27, 2021
On October 22, 2021, the Supreme Court of Canada, in Northern Regional Health Authority v. Horrocks, clarified that labour arbitrators have…
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,…
Jul 27, 2021
Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…
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)…
Jun 15, 2021
As of January 1, 2021, federally regulated employers (such as banks, telephone and cable systems, most federal Crown corporations,…
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,…
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…
Mar 19, 2021
Recently, New Brunswick temporarily broadened the eligibility for its Skilled Worker Stream through its Provincial Nominee Program (PNP),…
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…
Mar 12, 2021
Many businesses with industrial and commercial equipment rely on foreign workers to provide emergency repair or installation services, both for…
Feb 16, 2021
This publication has been updated as at September 17, 2021. Employers across the country – including the federal government, some…
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…
Jan 20, 2021
Termination clauses, particularly “without cause” ones, are among the most important clauses to include in any employment agreement. But the…
Jan 13, 2021
On January 2, 2021, Newfoundland and Labrador began accepting expressions of interest under the new Priority Skills NL stream through its…
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…
Dec 2, 2020
Using social media influencers and micro-influencers is an increasingly effective marketing strategy. Social media use is pervasive; 94% of…
Nov 17, 2020
Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses - from SMEs to multinationals, startups to mature businesses,…
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…
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…
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…
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…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
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…
May 11, 2020
McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…
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…
Apr 15, 2020
The COVID-19 pandemic is disrupting more than Canada’s domestic workforce. It’s also disrupting Canadian employers’ access to temporary…
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,…
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…
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…
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…
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…
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.…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
Aug 20, 2018
Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) - every organization that…
Aug 3, 2018
As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic Documents Act (PIPEDA) will face…
Jul 18, 2018
Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…
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…
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…
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…
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…
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…
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…
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…
Apr 2, 2018
Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…
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…
Feb 2, 2018
Many employers use written workplace policies as a day-to-day workplace management tool; common examples include attendance management policies,…
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…
Jan 18, 2018
The future of the North American Free Trade Agreement (NAFTA), including NAFTA’s immigration-related provisions allowing cross-border mobility…
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…
Dec 18, 2017
The answer to the question, “What’s employers’ rationale for implementing workplace drug and alcohol testing?” is pretty…
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…
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…
Nov 16, 2017
Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…
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…
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…
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…
Aug 11, 2017
After years of low interest rates, and correspondingly high solvency liabilities, there’s growing recognition that the solvency funding model…
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…
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…
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…
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…
Jul 13, 2017
When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…
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…
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…
Jun 7, 2017
On June 7, 2017, the federal government repealed the regulations that would have brought into effect the sections of Canada’s Anti Spam…
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…
May 16, 2017
Recreational cannabis isn’t legal yet: Canada’s federal government has proposed legislation to legalize and regulate access to recreational…
Apr 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis 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…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Mar 30, 2017
There are very few examples of a Canadian court interpreting and opining on the provisions of an information technology contract. So the Ontario…
Feb 24, 2017
This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…
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…
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…
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…
Dec 7, 2016
Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…
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…
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…
Oct 21, 2016
All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from a shareholders’…
Oct 19, 2016
We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…
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…
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…
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…
Jun 30, 2016
As of June 25, 2016, provincially regulated workers and employers in Nova Scotia, Quebec, BC and Saskatchewan can participate in Pooled…
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…
May 10, 2016
This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…
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…
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…
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…
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…
Feb 1, 2016
This publication has been updated as at November 15, 2022. A well drafted and properly implemented written employment contract can be…
Jan 27, 2016
On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…
Jan 18, 2016
On January 14, 2016, the Ontario Superior Court decided that Canadians have a clear privacy interest in their records of their cellular…
Dec 16, 2015
As of December 1, 2015, the new Temporary Foreign Worker Program (TFWP) and the International Mobility Program (IMP) regulations took effect.…
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,…
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…
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…
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…
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…
Mar 6, 2015
On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…
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…
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…
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…
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 –…
Dec 11, 2014
On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect. CASL’s anti-spam sections, touted…
Dec 5, 2014
This article has been updated as of December 11, 2020. Employers host numerous events throughout the year – summer and holiday office…
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…
Oct 14, 2014
CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…
Sep 30, 2014
Effective September 1, 2014 the NB government implemented five important changes to the NB Employment Standards Act – the minimum standards…
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…
Jul 9, 2014
On June 20, 2014 the Federal Government announced a major overhaul of Canada’s Temporary Foreign Worker Program. With stringent enforcement…
Jun 16, 2014
On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…
Jun 12, 2014
The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…
Jun 11, 2014
Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…
May 8, 2014
On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…
Apr 15, 2014
The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…
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…
Mar 19, 2014
As organizations turn to cloud computing services, ensuring compliance with legislation and reducing privacy risks is key. In Canada, there is…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…
Feb 28, 2014
On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…
Jan 21, 2014
On December 31, 2013, amendments to the Immigration and Refugee Protection Regulations and new Ministerial Instructions changing the Federal…
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…
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…
Apr 30, 2013
Note: Effective December 31, 2013, the Federal Government made additional changes to the Federal Temporary Foreign Worker Program. Click here to…
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…
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…
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…
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…
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. …
Mar 1, 2012
Social media represents a profound cultural shift and employers must adapt if they want to avoid unnecessarily – and potentially costly –…
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…
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…
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.…
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…
Apr 7, 2011
Note: Click here to read an updated version of this Legal Update in Cloud Computing: A Privacy FAQ as seen in as seen in CCCA Magazine, Spring…
Mar 6, 2011
In the midst of a sea of change, the Federal Government has enacted Regulatory changes significantly impacting employers who hire foreign…
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.