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Ontario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law

Category Archives: Immigration

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Ontario’s Employment and Labour Law Reform Bill Continues to Undergo Changes

Posted in Immigration

Just as the summer winds down, we have an update on Bill 148, the Fair Workplaces, Better Jobs Act, 2017.  Those who tuned-in for the McCarthy Tétrault webinars on Bill 148 will recall that public consultations were to be held across the province in July to elicit feedback on the draft Bill.

Following the public consultations, we understand that Bill 148 will undergo some adjustments before it is introduced at Second Reading in the Ontario legislature, including:

  • addition of a 17 week, unpaid Domestic or Sexual Violence Leave;
  • clarification that the paid emergency leave days will be paid at
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Employee Travel: Are Your Employees Accruing Overtime Along With Their Air Miles?

Posted in Immigration

Under the Employment Standards Act, 2000 and Ontario Regulation 285/01, “work” is deemed to be performed when an employee is travelling on business, even if that time is non-productive and outside normal business hours. Here are some ways to minimize that liability.

Unless an employee is exempt from overtime, such as a manager, IT professional or a commissioned salesperson, the ESA and its regulations mandate that any time a person spends travelling on business (other than a normal commute) is time “worked” for the purposes of determining employee overtime entitlement.

That means that an employee who is required to … Continue Reading

6 More Tips and Observations for Employers Whose Employees Travel to Canada on Business

Posted in Immigration

In my last post, I offered six observations and tips for when employees travel to Canada on business. Here are six more:

Tip #7 – Additional Supporting Materials

Certain work permit categories require additional documentation such as proof of existing business relationships with a company in Canada or a certain level of educational achievement/work experience.

If your employee is making an application in one of those categories, make sure he or she is travelling with all necessary paperwork. Failing to do so may result in the denial of the application.… Continue Reading

6 Tips and Observations for Employers Whose Employees Travel to Canada on Business

Posted in Immigration

Employers will be interested in these 12 key observations and tips for when employees travel to Canada on business. Indeed, for employers who require employees to engage in international business travel to Canada, the border is an important venue for making applications for entry on a temporary basis in situations where a work permit is required, and for consideration under a work permit exempt category. Understanding the dynamics of border or port-of-entry processing is therefore critical.… Continue Reading

Temporary Foreign Workers in Canada

Posted in Immigration, Wage and Hours

You are the Human Resources Director for a Canadian-based company that has affiliates and subsidiaries in numerous countries. One of your responsibilities is to manage the temporary foreign workers employed by your company in Canada. All individuals are subject to Canadian immigration laws that apply to temporary foreign workers, unless they are either a Canadian citizen or a Canadian permanent resident. Under these laws, every person who participates in employment in Canada requires a work permit. The definition of employment is very broad, and most business travellers to Canada fall into this category.… Continue Reading