Monthly Archives: June 2015

Temporary Foreign Worker Program – Minimum National Advertising Standards

By Ron McKay

As of January 1, 2009, “Minimum National Advertising Standards” were adopted by Human Resources and Skills Development Canada (“HRSDC”) and Service Canada (“SC”).

On May 2010, HRSDC and SC published a further notification indicating that all occupations based on the National Occupational Classification (“NOC”) system, skill levels 0, A, B, C and D, are subject to the Minimum National Advertising Standards. Failure to comply with the requirements will result in the application for a Labour Market Opinion being denied.

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Facilitated Processing for Information Technology Specialists Ends on September 30, 2010

By Ron McKay

On May 20, 2010, Human Resources and Skills Development Canada (“HRSDC”) and Service Canada (“SC”) issued a notice that the facilitated process for seven specified Information Technology Workers, which was initiated in May 1997, would end as of September 30, 2010.

On June 4, 2010, Citizenship and Immigration Canada (“CIC”) followed and issued Operational Bulletin 210 to also reiterate the plan to rescind the facilitated process for the seven specified job descriptions for Information Technology Workers.

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Expedited Labour Market Opinion Pilot Project Ended as of April 15, 2010

Effective as of April 15, 2010, the Expedited Labour Market Opinion (“E-LMO”) pilot project, that had been running in British Columbia and Alberta since 2007, came to an end.

Employers who wish to hire Temporary Foreign Workers after April 15, 2010 will be required to apply through the regular Labour Market Opinion process and be able to demonstrate that: the job offer(s) is/are genuine; the wage rate meets or exceeds the prevailing wage rate, for the occupation and region; the working conditions are consistent with Canadian standards; and reasonable efforts to hire Canadian or permanent resident have been made in accordance with the Temporary Foreign Worker Minimum National Advertisement Standards.

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Refusal of Temporary Resident Visa – Applicant must be Provided an Explanation of the Elements that Weighed Against the Application Rather than a Litany of Factors

By Pratibha Sharma

On February 11, 2010, the Federal Court released its decision in Asong Alem v. Canada (Citizenship and Immigration), 2010 FC 148 (“Asong”). Madam Justice Tremblay-Lamer confirmed that visa officers must provide Temporary Resident Visa applicants with a sufficient explanation for refusing their application. Moreover, the explanation must include elements that weighed against the application; not merely a litany of factors.

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ILN Today Post

Who’s afraid of the TPP? Quite a few, it seems.

Originally published by Lloyd’s List Australia – 28 May 2015

While there has been recent and (almost) unanimous approval for our North Asian “trifecta” of FTAs, that chorus of approval has not quite carried over into the conversations regarding the proposed Trans – Pacific Partnership Agreement (TPPA).

Notwithstanding the absence of a completed text, there has been a significant level of speculation as to what is supposed to be in the TPPA.  Most of that speculation has been as to potentially adverse consequences.  Some of the speculation has been based on alleged text leaked by Wikileaks and has included commentary on topics such as threats to the future availability of generic drugs, the evils inherent in an Investor State Dispute Resolution (ISDS) provision and the possibility that the TPPA would relax border biosecurity measures to allow the import of North American beef which is currently the subject of bans due to the fear that the cattle will be infected with “mad cow disease” which could decimate the Australian industry.  More…

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Restoring a Scottish Company to the Register of Companies

There are many ways in which a company can find itself being struck of the Register of Companies (the “Register”) and dissolved, and essentially ceasing to exist.  This can range from positive action by third parties, such as compulsory liquidation, or simple inaction by the company’s officials, such as failing to file accounts and respond to letters from the Registrar of Companies.  Striking off and dissolution do not occur at the same time, and it is possible for a company to be struck off but restored to the Register before it is actually dissolved. 

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Worse Than Feared… NLRB Reports First Month of Ambush Election Rules Yields More Petitions, Dramatically Quicker Elections

A couple weeks ago we provided anecdotal reports from several NLRB Regional Directors that after one month the new Ambush Election Rules union elections were be held in considerably less time, with the Regional Directors claiming elections were being scheduled between 25-30 days.  Last week, according to BNA’s Daily Labor Report and Law 360, the NLRB released national results of the first month showing that the impact was worse than anticipated.

More Union Petitions Under Ambush Elections Rule

Between April 14th (the day the rules when into effect) and May 14th, 280 representation cases were filed.  This was a 17% increase in filings over the same period in 2014 and a 32% increase from the last month under the old rules.  While some of the increase is likely attributable to unions strategically waiting for the new rules to go into effect, employers can certainly expect increased union activities and more petitions.

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