Category: Northern Exposure

Employment law articles for U.S. companies with employees in Canada. Written by the attorneys at Fasken Martineau law firm.

New Bill Introduced to Curb Workplace Violence and Harassment

Ontario is looking to reduce violence and harassment in the workplace. To that end, Bill 168, An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace, received first reading on April 20, 2009. Bill 168, if passed, would amend the Occupational Health and Safety Act (OHSA). […]

Issues When Entering Canada with a Criminal Record

Times have changed. Borders, too. Frequent business travelers know that and leave earlier to allow for longer security controls. But they are sometimes astonished when a border officer declares them inadmissible to Canada for criminality. A new environment Nowadays, border officers work in an enforcement environment. A much greater emphasis is now put on security […]

For First Time, 22,000 Mounties Can Begin Organizing in 2010

By Sara Parchello The face of unionization in Canada is changing. Although it’s declining in the private sector, it’s increasing in the public sector. A few recent decisions by Canadian courts show this trend. The most recent is a decision involving the Royal Canadian Mounted Police (commonly known as the “Mounties”). On April 6, 2009, […]

Work-Sharing: An Alternative to Layoffs in Canada

By Katie Clayton and Cherity Smith Since the economic downturn took hold, each day brings another announcement of employee layoffs and corporate downsizing. Recent blog entries have looked at options such as layoffs, furloughs, and reducing hours of work. There is another option in Canada – work-sharing. What is work-sharing? Work-sharing is an adjustment program […]

Canadian Public Official Acquitted on Charges of Fraud, Breach of Trust

By Mark Colavecchia and Derek Knoechel In June 2003 George Radwanski, Canada’s federal privacy commissioner, resigned three years into his seven-year term amid parliamentary inquiries into travel and hospitality expenses. Several months later, the auditor general released a report leading to a lengthy police investigation of Radwanski’s expense claims. In March 2006, the former privacy […]

Alcohol Addiction Is Not a Blanket Defense for Theft

By Dominique Launay There can be little doubt that dealing with employees suffering from the disease of addiction “whether to drugs, alcohol, or even gambling” is a challenge for employers. That challenge becomes greater when the employee raises the addiction as an excuse for engaging in misconduct. In a recent case, the question arose whether […]

Be Careful Taking Cost-Saving Measures in Union Workplace

By Karen Sargeant In the last several months, we have posted several blog entries detailing how employers can reduce employment costs and/or increase workforce flexibility in these tough economic times. We have talked about furloughs, work-sharing programs, changing employment contracts, adjusting the size of the workforce and reducing employees’ hours of work. But all of […]

Broad Drug Testing Policies Approved by Arbitrator

By Brian P. Smeenk Drug and alcohol testing has long been a sensitive subject in Canada, especially in safety-sensitive workplaces. A recent 128-page arbitration decision by a leading Canadian arbitrator may have put to rest many of the remaining questions about what kinds of policies will be enforceable in Canada and what they should contain. […]

Paying Foreign and Canadian Crews Comparable Wages Not Good Enough

By Thora Sigurdson, Nicola Sutton, and Derek Knoechel SELI Canada Inc. entered into a joint venture with SNC Lavalin and successfully bid on a contract to build a large rapid transit project in the Vancouver area. The so-called “Canada Line” has been a “hot button” project, causing heated debate about the cost to taxpayers, the […]

Can Employers Use Biometrics in Their Canadian Workplaces?

by Lisa Chamandy Employers in Canada are beginning to use biometric scans to replace traditional lock-and-key or card-swipe systems. Sensors record fingerprint-like information, and computers transform the data into a mathematical formula, usually comprised of 0s and 1s. The system then deletes the image, keeping only a template corresponding to 2 percent of the fingertip. […]