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News and Discussions on Payroll, HR & Employment Law

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Executive chef loses attempt to unilaterally change status from independent contractor to employee

Many of the cases I have reviewed in recent years on the question of whether a worker is an independent contractor or an employee have inevitably determined that the worker is an employee. While there are some notable exceptions to this trend, I find myself surprised whenever I read a decision that concludes that the worker is in fact an independent contractor. Therrien v Minister of National Revenue, 2013 TCC 116 is one such case.


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Citizenship and Immigration Canada proposes regulatory changes to the temporary foreign worker program

In early April 2013, it was reported that 45 Royal Bank of Canada employees would be losing their jobs because the company had outsourced several technology services to a California-based firm that specializes in sending jobs offshore. RBC faced a severe public backlash over the incident and Citizenship and Immigration Canada subsequently published proposed regulatory amendments to the Immigration and Refugee Protection Regulations…


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Slaw: The launch of the new Social Security Tribunal

On April 1, 2013, the federal government launched the new Social Security Tribunal…


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Plastic SIN card to be phased out

In an attempt to save money, protect privacy and prevent identy theft, the Globe and Mail reports, the federal government has introduced plans within budget Bill C-38, to cut the social insurance number (SIN) card.


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CIC provides guidance on filing work permit extensions without an approved LMO or CAQ

Citizenship and Immigration Canada has been providing guidance to foreign nationals seeking extensions of their work permits through CPC Vegreville, while waiting for an LMO or CAQ to be approved. According to CIC, if a foreign national is ready to submit a work permit application to CPC Vegreville, but is waiting for an LMO or CAQ, the application may still be submitted, but only within two weeks of the expiry date of his or her existing work permit. In addition, proof that the LMO/CAQ request was made must also be included with the application.


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National Occupational Classification (NOC) 2011 now available

The National Occupational Classification (NOC) 2011 is the current departmental standard and was approved on November 21, 2011. The NOC was jointly released for free by Statistics Canada and Human Resources and Skills Development Canada (HRSDC) today and includes…


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National Occupational Classification, 2011

The structure of the National Occupational Classification (NOC) 2011 has changed and is replacing Statistics Canada’s National Occupational Classification for Statistics (NOC-S) 2006 and Human Resources and Skills Development Canada’s NOC 2006, eliminating the differences that have existed between these two classifications. The NOC is being adapted to reflect the significant structural changes in the Canadian labour market since 2001.


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Slaw: Federal government launches workplace mental health standards initiative

Since the economic burden of mental disorders in Canada has been estimated at $51-billion per year, with almost $20-billion of that coming from workplace losses, the Mental Health Commission of Canada (MHCC) has launched a collaborative project with the Bureau de normalisation du Québec (BNQ) and the standards division of the Canadian Standards Association (CSA Standards) to create a voluntary national standard for mentally healthy workplaces. The standard aims to…


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CIC issues operational bulletin on temporary foreign worker program amendments

On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.


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