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Home > Our Insights > The Nuances of Labour Marketing Impact Assessments (LMIA): 2 Key Exemptions to Minimum Advertising Requirements
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The Nuances of Labour Marketing Impact Assessments (LMIA): 2 Key Exemptions to Minimum Advertising Requirements

Published:

March 29, 2016

Author(s):

  • Meghan Felt
  • Sarah McInnes

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Applying for and obtaining a Labour Market Impact Assessment (LMIA) is a critical step in hiring a temporary foreign worker(s). Employers applying for a LMIA must generally satisfy minimum advertising requirements, an arduous and expensive process. But there are two key exemptions to this requirement: employers that are owner/operators and those that are specialized service providers. There’s no legislative authority for these exemptions; they are provided for in a policy manual written by Employment and Social Development Canada (ESDC). All that’s currently available about these exemptions is vague information listed on the ESDC’s website, although the federal government has promised an updated owner/operator manual for some time. Until then, here are the two key exemptions and practical tips for employers to use them.

OWNER / OPERATOR EXEMPTION

Owner/operator employers are exempted from the LMIA’s minimum advertising requirements. This category is a great permanent residency option for Temporary Foreign Workers who are self-employed, but yet don’t meet the narrow and extensive requirements for “self-employed” applicants or for the Entrepreneurial/Investment streams that several provinces offer.

Application. The applicant’s submission letter will request an exemption to the minimum advertising requirements under the owner/operator category. While this is generally straight-forward, several aspects of this exemption category are unclear.

  • For the purposes of the Temporary Foreign Worker Program, an “owner/operator” is defined as a foreign national who hold equity in a business located in Canada and is classified under a National Occupation Classification (NOC) type 0, A or B occupation . Beyond this, the requirements ESDC has provided to date are, to say the very least, brief: the owner/operator must demonstrate that she is “integral to the day-to-day operation of the business and will be actively involved in business processes/service delivery in Canada”, and ESDC will give greater consideration to applications that demonstrate the creation or retention of Canadian jobs. However, it’s unclear how an applicant must provide documentation supporting these requirements.
  • Similarly, the required ownership share of an applicant seeking a LMIA in this category is unclear. ESDC says it’s working on updating its owner/operator guidelines; hopefully, they will clarify the minimum ownership requirement. In the meantime, both ESDC officers and lawyers alike are assessing and preparing applications by reference to a 2012 Temporary Foreign Worker Program Bulletin. That bulletin indicates the owner/operator can be any of a 100% owner, a principal owner (51% or more shares), a co-owner (49% or less), or one of multiple people with ownership. But there are inconsistencies both between the guidelines and the actual application assessment, and between different officers’ assessments of different applications. Some immigration experts suggest the higher percentage of ownership (more than 50%), the better. But many take the view that the owner/operator must be a minority shareholder based on the experience that greater than 50% ownership implies self-employment and falling within the “self-employed” work permit category; while this category is LMIA-exempt, applicants must satisfy narrow and extensive criteria to satisfy its requirements. It seems sufficient to have a25% to 40% ownership interest, but an interest as low as 7% has also been met with success. If the Temporary Foreign Worker is the sole owner of the business, the company completes the LMIA application form as the employer and the new owner signs the application in whatever capacity she holds in the company; Service Canada accepts that the Temporary Foreign Worker, as an authorized officer of the company, can make an employment offer to herself.
  • Whether the applicant must own the Canadian business when she submits her LMIA application  is a sticky chicken and egg issue. Government direction has been ambiguous thus far, with different experiences depending on the officer reviewing the application. Applicants must weigh the risks of purchasing the business outright before a positive LMIA is issued against the risks of purchasing it conditionally. If the applicant purchases a Canadian business before the LMIA is issued, she faces the risk that ESDC will refuse to issue the LMIA, the applicant won’t be permitted to work in Canada and be left as the owner of a Canadian company in which she can’t work. One strategy to counter this risk is for the applicant to enter a purchase agreement for a minority interest in a Canadian business that’s conditional on the issuance of a LMIA and work permit. But there are also risks to this strategy: ESDC officers have questioned the legitimacy of a purchase agreement replete with conditions; for example, it has scrutinized applications in which the purchase of the business is conditional on the issue of a work permit, on the basis the applicant isn’t yet an owner of the business so isn’t an “owner/operator”. If the applicant chooses this strategy and has access to a “Plan B”, such as a Provincial Nominee Program, it would be prudent to prepare that application too.

Required Documents. Applicants must provide the supporting documentation required for a typical LMIA application, including incorporation and tax documentation, proof that the company is actively engaged in business and a job description and copy of the owner/operator’s resume. In addition, however, the applicant employer’s business plan must essentially address the role of the owner/operator in the business and the kind of jobs that will be created or preserved in the Canadian labour market in addition to the conventional aspects of a business plan, such as the business objectives and financial targets. A copy of the employer’s business plan and a letter from an accountant can be helpful. In particular, the additional documents supporting the LMIA application must demonstrate:

  • How the applicant will be involved in the business on a daily basis.
  • The applicant’s ownership. Share certificates, a share register, a copy of the purchase agreement, a letter from the CEO or any proof of stock ownership are helpful; ESDC officers will also want to see a copy of the commercial lease agreement and tax documentation, if available, as proof that the company is actively engaged in business.
  • Evidence that the issuance of a LMIA and work permit to the applicant will have a neutral or positive effect on the Canadian labour market. In assessing the application, ESDC will seriously consider whether the temporary entry of the applicant will result in the creation or retention of employment opportunities and/or in the transfer of skills for Canadians and permanent residents. A clear picture of how Canadians will benefit and how jobs or skills will be transferred, such as the number of Canadians/Permanent Residents currently employed and information on future plans to hire and/or train new employees, can greatly benefit an application.
  • Sufficient profitability to pay the wages of the new owner/operator as well as its existing employees. An officer may ask for more documentation, such as bank statements and additional tax/payroll documentation, to demonstrate that the business is viable enough to support the new partner. It’s important, however, to be aware that once the LMIA application is approved and the owner/operator receives her work permit, some ESDC officers are requiring that the employer pay the new owner/operator the prevailing wage rate for the applicable NOC code – even though the practice of doing so is inconsistent, the 2012 Temporary Foreign Worker Program Bulletin (see Ownership Share above) indicates that Owner/Operators should not be required to pay the prevailing wage and ESDC  shouldn’t take this into consideration in assessing an Owner/Operator LIMA application,  and many argue it’s unreasonable because business owners don’t normally pay themselves a set salary but get whatever profit is left at the end of the day after expenses are paid.

Transition Plan. Generally, ESDC requires the employer to commit to a transition plan before approving the hiring of a foreign worker, including for owner/operator LMIA applications. But there are cases in which ESDC will waive the transition plan requirement. In most cases, a transition plan will be provided in support of the owner/operator’s application for permanent residency; however, the applicant can request ESDC waive the transition plan requirement where the owner/operator will be in Canada for a short period of time and will be returning to her home country once she completes her duties.

SPECIALIZED SERVICE TECHNICIANS / SERVICE PROVIDERS EXEMPTION

An employer is also exempt from the LMIA advertising requirements when the work the Temporary Foreign Worker will perform requires a specialist with proprietary knowledge and/or experience related to that work, the duration of the work is limited and there is no opportunity for Canadians to be trained.

Application. The applicant’s submission letter will request an exemption to the minimum advertising requirements under the specialized service technicians/ service provider category. In its submissions, the employer should include descriptions of:

  • The nature of the employer’s business in order to provide some context about the role the specialized provider will fill.
  • The project or the role the employee will undertake, in detail.
  • The employee’s specific experience, including the number of years the employer has employer her and any proprietary knowledge of the employer’s products or services that she holds.
  • How the employee’s role in this position is critical to the success of the project or more broadly, the success of the business.

Required Documents.  Again, an employer must provide the supporting documentation required for a typical LMIA application, including incorporation and tax documentation, proof that the company is actively engaged in business and a job description and copy of the employee’s resume. In addition, however, an employer should support its application in the specialized service technicians/ service providers category with a letter from the company or the employer to which the employee will be providing her services that includes:

  • The purpose for which the company requires the services of the specialized service provider.
  • The duration for which the employer will require the services of the specialized service provider.
  • A description of the role and responsibilities the specialized service provider will be required to fulfill.
  • A description of the service provider’s specialized knowledge and experience, including an explanation of why this knowledge is unique and proprietary.
  • An explanation of why the specialized knowledge is crucial for the position.

Transition Plan. When an employer needs to hire a specialized service provider for a short period of time to perform a specific task or complete a specific project, as is often the case, the employer can ask ESDC to waive the transition plan requirement due to the short duration of the employee’s time in Canada.


Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Immigration Law Team 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.

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    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,…

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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…

    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…

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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…

    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…

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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…

    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
  • 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…

    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
  • 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
  • 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
  • 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…

    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…

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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…

    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
  • 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
  • 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
  • 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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