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Canada: Your Next Retails Frontier

Co-Authored by Rajeeve Thakur*

Ontario: A Compelling Jurisdiction for Resolving Commercial and Trade Disputes

Ontario continues to develop as a well regarded forum for the resolution of commercial and trade disputes. Its Commercial Mediation Act, 2010 (the “Ontario Act”), for example, contains some interesting features regarding mediation which are well worth considering when evaluating the advantages and disadvantages of a particular choice of forum in international commercial and trade (in particular, customs) disputes.

Immigration Minister Announces Consultations for a Canadian Start-Up Visa Program

On April 18, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney launched consultations on the possible creation of a new program to attract immigrant entrepreneurs. Citizenship and Immigration Canada (“CIC”) will consult with industry associations in the development of a “start-up” visa program for innovative entrepreneurs in the coming months.

Government of Canada to Cancel Federal Skilled Worker Cases Filed Prior to 2008

During his 2012 Budget Speech, Canada’s Minister of Finance announced that, in an effort to deal with the backlog of pending Federal Skilled Worker ("FSW") cases, the Government would enact legislation to cancel all applications filed prior to February 27, 2008. This is proposed legislation only, but if passed it will be retroactive to March 29, 2012.

CIC Announces Language Testing Requirements for Certain PNP Applicants

On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada's Provincial Nominee Programs ("PNPs").

Proposed Changes to Assessment of Academic Credentials of Federal Skilled Workers Applying for Permanent Residence in Canada

Another proposed change to Canada’s Immigration System was announced on March 28, 2012 by Citizenship, Immigration and Multiculturalism Minister Jason Kenney. This change pertains to the assessment of educational credentials of Federal Skilled Workers applying for Permanent Residence in Canada.

Canadian Experience Class: Proposal to Reduce Work Experience Requirement to One Year

We have recently seen a flurry of announcements from Citizenship, Immigration and Multiculturalism Minister, Jason Kenney, detailing changes and proposed changes to Canada’s immigration system. The Government has stated that these changes are part of an overall effort to make Canada’s immigration system more flexible and more responsive to Canada’s labour market needs.

Dispelling Some Popular Myths About Overtime

There is a popular belief that salaried employees are not entitled to overtime. This mistaken belief can prove costly for employers.

Pursuant to the Employment Standards Act, 2000, all employees, except those that fall within specified exemptions, are entitled to overtime. The Act makes no distinction between salaried employees or hourly employees.

Customs Laws Applicable to Temporary Importations Made By Non-Residents

Introduction

Foreign workers, international students, and visitors who travel to Canada often encounter a number of Customs issues relating to the temporary importation of their personal belongings, vehicles, or commercial goods. However, many individuals will not be aware of these issues until they actually arrive at the border. This article is intended to provide a brief overview of Canadian customs laws as they apply to the temporary importation of goods by non-residents.

An Overview of Customs Laws in Canada

Introduction

The World Customs Organization (“WCO”) represents Customs administrations in 177 countries, which collectively process approximately 98% of world trade. It also administers the technical aspects of the World Trade Organization (“WTO”) agreements on Customs Valuation and Rules of Origin. As a member of both the WCO and WTO, Canadian customs laws are, at least to an extent, based on agreements and conventions established by these organizations. A brief overview of Canadian customs laws appears below.

Ontario's New Rules For Simpler, Faster, Lower-Cost Resolution of Commercial Disputes Raise Concerns at the Court of Appeal

The Rules of Civil Procedure in Ontario require courts to apply and interpret the rules of court in a way that helps the parties secure the “just, most expeditious and least expensive determination of every civil proceeding on its merits”.

Yet anyone who has been involved in a lawsuit knows that it can often take years to get the case to trial and cost many tens, if not hundreds, of thousands of dollars to get there.

Deal or No Deal: Do You Have a Duty to Negotiate in Good Faith?

The following scenario may be familiar to you: You have been negotiating an important deal. A letter of intent or some other preliminary agreement has been signed. You have exchanged numerous drafts of the agreement with the other side. Then, negotiations break down, you withdraw from the deal and the other party sues your company for breaching the preliminary agreement. The question then becomes, did the preliminary agreement constitute a contract at law and will a law suit for breach of contract succeed?

The Quebec Ministry of Immigration and Cultural Communities Will Restrict Certificate of Selection Applicants

On March 20, 2012, the Quebec Minister of Finance presented his speech on the 2012-2013 Budget. During the speech, he announced that an omnibus bill containing modifications to Quebec’s immigration program would be proposed shortly. Although it is a proposed bill, once enacted the immigration provisions will be retroactive to March 20, 2012.Therefore, these changes should be treated as if they are already in force.

CIC Proposes Conditional Permanent Residence to Discourage Marriage Fraud

On March 9, 2012, Jason Kenney, the Minister of Citizenship, Immigration and Multiculturalism, announced additional measures to discourage marriage fraud. The proposed regulatory change was published in the Canada Gazette on March 10, 2012, and is available here.

CIC Imposes Five-Year Waiting Period for Sponsored Spouses and Common-Law Partners

On March 2, 2012, the Government of Canada announced a regulatory change that now requires sponsored spouses or common-law partners to wait five years, from the day that they are granted permanent residence status in Canada, before they can sponsor a new spouse or partner. The objective of this change is to discourage immigration fraud in spouse/common-law partner family class cases.

CIC's Come to Canada Wizard Helps to Assess Immigration Eligibility

Approximately seven months ago, Citizenship and Immigration Canada ("CIC") launched its Come to Canada Wizard (the "Wizard"). According to CIC, the Wizard has recorded more than 750,000 visits since its launch. CIC also claims that close to 90% of users who tried the Wizard said that they would recommend it to someone they know.

When Former Employees Compete - Protecting Your Confidential Information

The departure of a key employee, or an employee who has had access to sensitive information, can create legitimate concerns for an employer, especially when such employee directly competes with his/her former employer or is employed or otherwise engaged by a competitor of his/her former employer. The law provides certain protection for employers, but the limits of such protection are sometimes difficult to draw. The recent events surrounding CN Rail and its former CEO, Mr. Hunter Harrison, are a great example of some of these challenges.

Drummond Report Recommends Changes to Interest Arbitration and Establishment of Labour Relations Information Bureau

On February 15, 2012, the Ontario Government released the report of the Commission on the Reform of Ontario’s Public Services (the “Report”). The Report, titled Public Services for Ontarians: A Path to Sustainability and Excellence, and often referred to as the “Drummond Report” spans well over 500 pages and details recommendations for sweeping changes across the broader public sector (“BPS”).

Mandatory WSIB Coverage in the Construction Industry

Conventional wisdom would lead most people in Ontario to assume that Workers’ Compensation is something that applies to anybody who has a job, most particularly in an industry where they might be at risk of getting hurt. Conventional wisdom however, is wrong.

Legislation Update

On December 15, 2011, the federal Keeping Canada’s Economy and Jobs Growing Act received Royal Assent. The Act implements certain provisions of the 2011 federal budget. Included in the Act are the following: