Publications

Feb 09 2012
Flying Into the Cloud: Make Sure to Chart Your Course Very Carefully

by David M. Carrick

While cloud computing is all the rage, it comes with risks. This article gives a broad overview of some of them.

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Feb 08 2012
NAFTA Professionals: Do you have a related degree or diploma?

by R. Reis Pagtakhan

Under the North American Free Trade Agreement (NAFTA), certain U.S. and Mexican citizen professionals can enter Canada to work. Last month, Citizenship and Immigration Canada updated their immigration manual to clarify that when an academic credential is required for a NAFTA professional, that credential must be from a “related educational program”. Is your degree or diploma “related”?

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Jan 11 2012
Does Your Company's Database Identify Immigration Problems Before They Arise?

by R. Reis Pagtakhan

In order to minimize risks to the employer and to its HR employees, employers should implement systems that allow HR personnel signing on behalf of the employer in immigration matters to make all required declarations truthfully. Does your organization’s database maintain the proper information to facilitate this?

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Dec 14 2011
What HR Professionals Need to Know About Immigration. PART II: Ensuring Compliance

by R. Reis Pagtakhan

Under immigration regulations enacted earlier this year, an employer who hires a non-Canadian or non-Canadian Permanent Resident (a Temporary Foreign Worker) may now be subject to a Canadian government Employer Compliance Review. Does your company maintain the proper information to ensure it can pass an Employer Compliance Review?

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Nov 21 2011
The Manitoba Municipal Board

by Robert L. Tyler

This article discusses the power of the Manitoba Municipal Board and explores the differences between the authority of elected officials of the City of Winnipeg compared to Municipal Councils.

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Nov 21 2011
Removal of Materials From Construction Sites

by Daryl A. Chicoine

Suppliers of construction materials that have not been paid for are often disappointed to discover that once materials are delivered to a construction site or staging area, their right to remove those materials from the site is restricted. Generally speaking, materials which have been delivered to a construction site must stay on site until they are incorporated into a building or other improvement to the land.

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Nov 21 2011
Hiring Foreign Workers for Your Company

by R. Reis Pagtakhan

Recently, a number of news stories have appeared discussing a possible shortage of workers in Canada. Faced with such shortages, many companies are looking outside of Canada to recruit employees for vacant positions. Companies looking to employ this strategy should follow a step-by-step process to make this as smooth as possible.

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Nov 09 2011
What HR Professionals Need to Know About Immigration Law. PART I: Is Your Company Compliant?

by R. Reis Pagtakhan

Last month, an Edmonton company was fined $36,000 for employing temporary foreign workers (“TFWs”) who were not authorized to work in Canada. As well, a Vancouver man was fined $8,000 for telling a group of TFWs to state they were coming to Canada to visit when they were coming for work. With over a dozen legislative, regulatory and operational changes affecting companies with TFWs coming into effect this year, is your HR department compliant?

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Oct 12 2011
Extending the Time Cap for Cross-Border Transferees

by R. Reis Pagtakhan

Executives, managers and specialized knowledge employees of multi-national companies can be transferred from foreign offices to Canada for work purposes. Under these provisions, foreign executives and managers are allowed a maximum work stay of seven years while foreign specialized knowledge employees are allowed a maximum work stay of five years. New immigration changes allow these foreign employees to extend the maximum work stay by recapturing “time” in certain circumstances.

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Sep 14 2011
Foreign Workers and Canadian Labour Disputes

by R. Reis Pagtakhan

If a labour dispute exists at a workplace, immigration law prohibits issuing work permits if the TFW’s intended work could adversely affect the settlement of the labour dispute or the employment of any person involved in the dispute.

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Aug 15 2011
New Rules for Intra-Company Transferees

by R. Reis Pagtakhan

Last month, Citizenship and Immigration Canada issued new guidelines for assessing intra-company transferees coming to Canada under the "specialized knowledge" category.

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Jul 14 2011
Cracking Down on Crooked Consultants Act Becomes Law

by R. Reis Pagtakhan

On June 30, 2011, the Cracking Down on Crooked Consultants Act became law. Originally passed in March 2011, this law makes it a crime for individuals not authorized under the Immigration and Refugee Protection Act to provide immigration advice for a fee.

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Jun 15 2011
So You've Sold Your Architectural Work. Now What? ... Dealing with your Moral Rights

by Jason B. Gisser

Most architects are aware that whenever they create an original work such as a drawing, sketch, model or blueprint, the work receives copyright protection as long as it is a product of the architect’s own labour, skill, and judgment.

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Jun 15 2011
Privacy Re-visited: Managing Drivers’ Personal Information

by Allan F. Foran, Lucia M. Stuhldreier

Privacy issues can arise in connection with personal information that carriers routinely collect from or about drivers. This article explores some examples of acceptable and unacceptable collection of personal information.

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Jun 10 2011
Immigration Issues in Mergers and Acquisitions

by R. Reis Pagtakhan

When a company is part of a merger or acquisition, certain temporary foreign workers (TFWs) who work for the company may see their legal entitlement to work in Canada cease after the transaction concludes. A TFW is a non-Canadian/non-Canadian permanent resident working in Canada with a work permit.

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May 12 2011
Cross Border Transactions: How Good is Your Warranty?

by R. Reis Pagtakhan

Canadian companies who buy certain equipment, machinery or software from foreign companies can take advantage of provisions that allow foreign personnel to work in Canada to perform after-sales service without the need of a work permit.

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Apr 28 2011
Corporate Immigration and Cross Border Issues ... or How to Avoid the "Immigration Blacklist"

by R. Reis Pagtakhan, Robert G. Sly, Shandra N. Czarnecki

Corporations that deal with the movement of people across borders face unique immigration issues that intersect with other areas of the law such as taxation and labour and employment. The speed of business typically requires that personnel be able to move across borders quickly and with as little hassle as possible. This article focuses on some of the more common immigration issues faced by in-house counsel as well as issues resulting from the coming into force of new immigration regulations on April l, 2011.

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Apr 20 2011
Can an Illegal Alien in the U.S. Apply to Immigrate to Canada?

by R. Reis Pagtakhan

Individuals who are illegally in the U.S. or another can apply to immigrate to Canada if they have been "lawfully admitted" to that country for a certain period of time. This article discusses the criteria of "lawful admission".

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Apr 15 2011
Owner Obligations to Provide Contract Information to Others

While the lien registration procedures and owner hold back requirements are the most widely known – and utilized – of the extraordinary rights and remedies provided to contractors and sub-contractors under The Builders’ Liens Act (“the Act”), they are not the only such rights and remedies.

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Apr 06 2011
Avoiding the Immigration Blacklist

by R. Reis Pagtakhan

With new immigration regulations coming into force on April 1, 2011, the criteria for assessing work permits have become more stringent. Foreign workers and their employers will now have to pass four new tests before a work permit will be issued.

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Mar 11 2011
Immigration Solutions for Canadian Bound Intra-Company Transfers

by R. Reis Pagtakhan

Foreign companies with operations in Canada can take advantage of intra-company transfer rules that allow select executives, managers and specialized kmowledge workers to tranfer to Canada. These options often provide companies with flexible solutions to long term and short term HR problems.

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Mar 07 2011
New Federal Regulations Affecting Temporary Foreign Workers: The Human Resources Impact

by R. Reis Pagtakhan

On April 1, 2011, new regulations will become law that will affect the employment of temporary foreign workers in Canada (workers in Canada who are neither Canadian citizens nor permanent residents).

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Mar 06 2011
Proposed Changes to the Federal Skilled Worker Program

by R. Reis Pagtakhan

In February 2011, the Government of Canada began consultations on proposed changes to the point system of the Federal Skilled Worker program. These proposals, if enacted, would be the first major change to the current system since it was created in 2002.

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Feb 20 2011
Immigration Law and Criminal Convictions

by R. Reis Pagtakhan

Foreign nationals with criminal records may be prohibited from entering Canada. Understandng what problems may arise and how to solve them is key to understanding what must be done to be allowed into Canada.

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Feb 15 2011
Hiring Foreign Contractors in Canada

by R. Reis Pagtakhan

In this increasingly global world, the number of non-Canadian companies bidding on Canadian construction projects has increased. While the foreign contractor may win the bid, the question is: Can the contractor’s foreign employees work in Canada?

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Jan 24 2011
Primer on ‘Damages’

by Betty A. Johnstone

In the legal world of ‘wrongs’ and ‘redress’, available remedies depend upon the nature of the wrong committed.

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Dec 02 2010
Employer Overtime Exposure Due to After Hours Employee BlackBerry Use

With the advent of the BlackBerry and similar devices, employees are able to retrieve and respond to work related e-mails day and night. While an employer may be initially pleased by an employee’s responsiveness outside of his scheduled hours of work, this can quickly change to displeasure when the employee claims overtime based on that after hours responsiveness.

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Nov 24 2010
Paying Attention

This article explores limitation of lability provisions between shippers and trucking companies. Carriers are warned not to rely on Bills of Lading alone.

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Jan 04 2010
Doing Deals In Canada

Doing Deals in Canada is a resource guide which includes coordinated content provided by a team of lawyers from each of the World Services Group member law firms across Canada, which represent all Canadian regions and jurisdictions.
 

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