HRSDC

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

February 10, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

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.

1392644 Ontario Inc v MNR, employment contract, employment insurance benefits, employment law, Employment status, HRSDC, income tax filings, independent contractor, Tax Court of Canada, Therrien v Minister of National Revenue, trained executive chef, type of employee, unilaterally change the terms of a contract, whether a worker is an independent contractor or an employee, written contractual relationship

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

June 19, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring

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…

Accelerated Labour Market Opinion, authority to enter or inspect, CIC, Citizenship and Immigration Canada, compliance verification, compliance verification inspection powers, criminal code, erotic dance, erotic massages, escort services, force majeure, HRSDC, Human Resources and Skills Development Canada, human trafficking, Immigration and Refugee Protection Act, Immigration and Refugee Protection Regulations, information-sharing, job creation of Canadian citizens or permanent residents, Labour Market Impact Questionnaire, Labour Market Opinion, live-in caregivers, LMO, offshoring, outsourcing Canadian jobs, sexual exploitation, stripping, Temporary Foreign Worker Program, temporary foreign workers, TFW regulations, TFWP, transfer of skills and knowledge, wage flexibility, work permit, work permit fees, workplace violence

Slaw: The launch of the new Social Security Tribunal

April 4, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting

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

administrative tribunal, canada pension plan, cpp, EI benefits, Employment Insurance Act, HRSDC, Human Resources and Skills Development, OAS, Old Age Security Act, social security appeals, Social Security Tribunal

Plastic SIN card to be phased out

May 22, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Corporate Immigration, Human Resources, Payroll, Privacy and Security, Recruiting and Hiring, Source Deductions and Reporting

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.

employment law, HRSDC, identity theft, Service Canada, SIN, SIN card, Social Insurance Number

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

February 16, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

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.

CAQ, Certificat d’acceptation du Québec, CIC, Citizenship and Immigration Canada, HRSDC, Human Resources and Skills Development Canada, Immigration Québec, Labour Market Opinion, LMO, work permit

National Occupational Classification (NOC) 2011 now available

January 31, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Analytics, HRMS, Human Resources, Payroll, Recruiting and Hiring, Wages and Compensation

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…

Compensation package, different skill levels to reflect changes in job requirements, employment law, HRSDC, Human Resources and Skills Development Canada, Job classifications, job description, job titles, National Occupational Classification, NOC, Occupations, Skill levels, Skill types, Statistics Canada, Work performed

National Occupational Classification, 2011

August 11, 2011 Yosie Saint-Cyr, LL.B. Managing Editor HR Analytics, HRMS, Human Resources, Recruiting and Hiring, Training and Development, Union Relations

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.

HRSDC, Human Resources and Skills Development Canada, labour market, National Occupational Classification, NOC, Occupations, Statistics Canada

Slaw: Federal government launches workplace mental health standards initiative

June 23, 2011 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Human Rights

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…

Bureau de normalisation du Québec, Canadian Standards Association, corporate social responsibility, Disability, Employers facing a perfect storm of mental illness liability, employment law, Health Canada, HRSDC, Human Resources and Skills Development Canada, mental health, Mental Health Commission of Canada, Mental Injury and the Law in Canada, national standard, psychological health and safety, Public Health Agency of Canada, Stress at Work, workplace mental health, workplace mental health standards initiative

CIC issues operational bulletin on temporary foreign worker program amendments

April 21, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

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.

Canada Border Services Agency, Citizenship and Immigration Canada, employment law, Foreign workers, HRSDC, Human Resources and Skills Development Canada, Immigration and Refugee Protection Regulations, Immigration Law, Live-in-caregiver program, LMO, offer of employment, Operational Bulletin 275-C, temporary foreign worker, work permit