Canada: Corporate Digest @ Gowlings - May 2007

Last Updated: May 16 2007

Edited by Rod Seyffert

Contents

  • U.S. Foreign Workers and Crossing Borders: Canadian Immigration Solutions

  • Hiring Foreign Workers – New Developments Assist Employers

  • Changes to Low Skill Immigrant Worker Program Help Employers

  • Canadian Federal Budget 2007

  • 2007 Federal Budget: Green Initiatives

  • 2007 Federal Budget: Impact on the Infrastructure Sector

  • 2007 Ontario Budget: Green Initiatives

  • 2007 Ontario Budget: Impact on the Infrastructure Sector

  • Changes to the Money Laundering and Terrorist Financing Regulations

  • Termination of a Securities Dealer's Representative — A Significant U.S. Case

  • How Securities Dealer's can Mitigate the Risk Arising from "Invisible Clients"

  • Seven Simple Rules for Privacy Compliance by HR Departments

  • What Every Employer Needs to Know About Ending an Employment

  • Duty to Accommodate and Collective Bargaining Agreements

  • Psychological Harassment Under Québec's Labour Standards Act

  • Amendments Enacted to the Ontario Human Rights Code

  • Potential Reforms to Ontario Brownfields Regime

  • The Franchise Personality

  • Entitlement of a Subsequent Franchisee to a Disclosure Document

  • U.S. Federal Franchise Laws Changes of Interest to Canadian Franchisors

  • Canadian Legislative Update on Gift Cards

  • The Real Estate Industry Outlook 2007

  • Lobbying Can Work: 2007 Federal Budget Supports Manufacturing

  • Changing the Way Business is Done - The New Federal Accountability Act

  • Tax Court Rejects GAAR Argument: No Intention in ITA to Tax Corporate Distributions on Dividends

  • CRA Tax Rulings Offer Scope for Access to Small Business Deductions by Partners

  • Amendments to Ontario's Partnership Act May Create Tax Risk for Partners in Limited Liability Partnerships

  • The Valuation of Thinly Traded Stock

U.S. Foreign Workers and Crossing Borders: Canadian Immigration Solutions

The globalization of business and increased competition for skilled workers has placed increasing importance on immigration issues. It is imperative that U.S. companies and organizations understand the immigration issues related to the cross-border movement of their personnel and of potential foreign service providers or foreign recruits. This article provides an in depth examination and explanation of business immigration and cross-border movement issues, including a summary of Canadian work permit rules and policies.

To read more click here

Hiring Foreign Workers – New Developments Assist Employers

Canadian employers are increasingly turning to foreign workers to address labour needs. Several new initiatives and policies have been introduced that are designed to help employers hire foreign nationals. This article will outline these developments, and demonstrate how they may be used as part of an overall recruitment strategy.

To read more click here

Changes to Low Skill Immigrant Worker Program Help Employers

Service Canada has announced changes to its Low Skill Worker Program which will be helpful to Canadian employers. This program assists employers hiring foreign nationals in occupations that require at most a high school diploma or a maximum of 2 years of job specific training, i.e., occupations under skill levels C and D of the National Occupation Classification. The changes are discussed in this article.

To read more click here

Canadian Federal Budget 2007

Canada's Minister of Finance, Jim Flaherty, delivered his 2007 Budget on March 19, 2007. This article provides a brief overview, with comments, on the 10 most significant tax policy proposals from the Budget affecting businesses including announcements regarding withholding tax on payments of interest to non-residents and the deductibility of interest paid to finance foreign affiliates.

To read more click here

2007 Federal Budget: Green Initiatives

This article summarizes non-tax provisions in the 2007 Federal budget which promote renewable energy projects and other green initiatives.

To read more click here

2007 Federal Budget: Impact on the Infrastructure Sector

This article provides analysis on the 2007 Federal budget from an infrastructure sector perspective.

To read more click here

2007 Ontario Budget: Green Initiatives

This article summarizes 9 green initiatives contained in the Budget introduced by the Ontario Government.

To read more click here

2007 Ontario Budget: Impact on the Infrastructure Sector

This article provides analysis on the 2007 Ontario budget from an infrastructure sector perspective.

To read more click here

Changes to the Money Laundering and Terrorist Financing Regulations

The Federal Government has published draft Regulations that will amend the current Regulations to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the "Act"). From enhanced client identification requirements to broader reporting duties, the new obligations strengthen financial services industry participants and other regulated entities' ability to recognize potential money laundering or terrorist financing activity in clients' accounts. A broad overview of these changes and how firms must adapt to comply with the proposed new requirements is set out in this article.

To read more click here

Termination of a Securities Dealer's Representative — A Significant U.S. Case

Similar to Canadian securities' dealers obligations, in the United States, when a registered National Association of Securities Dealers ("NASD") representative is terminated from their employment, the NASD requires the employer member firm to complete and file a Uniform Termination Notice for Securities Industry Registration ("UTN"). Like the Canadian version, the UTN must include the employer's reasons for termination. A significant case, Rosenberg v. MetLife, Inc., No. 23 (N.Y. Mar. 29, 2007) found that a UTN is protected by absolute privilege. While this issue has not been judicially considered in Canada, this U.S. decision may persuade Canadian courts faced with this issue that the information filed by Canadian securities dealers with their regulators or self regulated organizations (SRO's) is likewise protected by absolute privilege for the same reasons cited by the U.S. Court of Appeal.

To read more click here

How Securities Dealers can Mitigate the Risk Arising from "Invisible Clients"

How can securities dealers and advisors identify problem clients before they issue complaints to the regulators or commence litigation? The danger with these clients is that they are not engaged in the process and do not take responsibility for their investment choices. Then one day, seemingly out of nowhere, invisible clients wake up and launch complaints, asserting losses from their investments. This article counsels dealers and advisors on how to mitigate the risks associated with these clients. It was originally published by Gowlings partner, Ellen Bessner, in the National Post. A specific example of the proper way to advise an "invisible client" is set out in the second link.

Article 1

Article 2

Seven Simple Rules for Privacy Compliance by HR Departments

Since January 1, 2004, privacy legislation has applied to all private sector organizations in Canada. At the most basic level, privacy legislation regulates how organizations collect, store, dispense and destroy information about any identifiable individual person. Of significance for HR purposes, individual employee information is included within the realm of protected personal information. Some provinces such as Alberta, British Columbia and Quebec have their own private sector privacy legislation, whereas others fall under the Federal umbrella of the Personal Information and Protection of Electronic Documents Act ("PIPEDA"). All of the various privacy acts apply to personal information in a substantially similar way. This article provides 7 steps that can help your organization comply with its privacy obligations with particular regard to employees.

To read more click here

What Every Employer Needs to Know About Ending an Employment

Dismissing an employee may seem like a difficult and daunting task. The purpose of this article is to provide an overview of some of an employer's legal obligations in the case of a dismissal and to explain some of the legal terms frequently used in such situations.

To read more click here

Duty to Accommodate and Collective Bargaining Agreements

This article discusses the impact of a Supreme Court of Canada decision on the duty to accommodate an employee's disability in a case involving a unionized employee of McGill University whose employment was terminated.

To read more click here

Psychological Harassment Under Québec's Labour Standards Act

A recent decision of the Québec Labour Relations Board in making a finding of psychological harassment and awarding moral damages may clarify the liability of employers for psychological harassment by one employee against another and what constitutes such harassment.

To read more click here

Amendments Enacted to the Ontario Human Rights Code

Bill 107 amending Ontario's Human Rights Code, received Royal Assent on December 20, 2006. The amendments create a dramatic departure, for complainants and respondents alike, from the manner in which human rights complaints have traditionally been addressed in Ontario.

To read more click here

Potential Reforms to Ontario Brownfields Regime

The Government of Ontario has announced that it is considering potential changes to the legislative regime for brownfields. The changes under consideration are in response to feedback received from stakeholders on the Record of Site Condition process. The changes are examined in detail in this article.

To read more click here

The Franchise Personality

Not everyone is cut out to be a franchisor or a franchisee. If you are considering franchising your existing business or becoming a franchisee, to some extent you have to consider your own personality and how it fits "the franchise personality." This article examines how one can determine if one's personality fits the franchisor or the franchisee role.

To read more click here

Entitlement of a Subsequent Franchisee to a Disclosure Document

This article examines a case in Ontario involving a U.S. franchisor which provided a franchisee its U.S. disclosure document rather than one complying with Ontario Law. In addition, the case comment examines whether an assignee of a franchisee or a purchaser of shares of an existing franchisee is entitled to a disclosure document and whether a release given by a franchisee is binding.

To read more click here

U.S. Federal Franchise Laws Changes of Interest to Canadian Franchisors

This article comments briefly regarding certain changes by the Federal Trade Commission to the Franchise Rule which will be mandatory effective July 1, 2008. The changes will be of interest to Canadian franchisors operating in the U.S.

To read more click here

Canadian Legislative Update on Gift Cards

By now the popularity of gift cards in Canada should be no surprise to retailers and consumers. Statistics Canada reported that the proportion of large retailers offering gift cards in Canada grew from 53 percent in 2003 to 82 percent in 2005. With this growing importance of gift cards to the retail business comes increased scrutiny by legislators. Until recently, gift cards have not received specific mention in Canadian laws, even though they are captured by certain statutes and common law principles. Depending on their setup, most gift card programs are probably already caught under provincial statutes governing unclaimed property and consumer transactions, discussed in the article. As well, there is discussion of proposed legislative initiatives in Ontario and Manitoba which may include banning of expiry dates.

To read more click here

The Real Estate Industry Outlook 2007

This article provides a discussion on the state of the Canadian real estate industry and its expected results in 2007, including a specific review of Toronto and the GTA as well as a discussion of trends in infrastructure, brownfields, waterfront development and "green" buildings which will continue from last year.

To read more click here

Lobbying Can Work: 2007 Federal Budget Supports Manufacturing

The 2007 Federal Budget indicates an intention on the part of the government to proceed to introduce legislation that would temporarily permit full depreciation of certain investments in manufacturing and processing machinery and equipment over two years, upping the depreciation rate from the current 30% to a 50% straight-line rate for eligible Class 43 assets acquired on or after March 19, 2007. This and other items of interest from the budget are highlighted in this article.

click here

Changing the Way Business is Done - The New Federal Accountability Act

Week by week and month by month, the Federal Government is rolling out the implementation of the Federal Accountability Act (FAA). Why is the FAA important to business? The reach of the FAA is significant; it makes major changes to the internal mechanics of the Federal Government adding, in many cases, a number of new layers of administration and auditing that are bound to slow up decision-making. But more directly relevant to business, as discussed in this article, is that the FAA will also impose new reporting requirements on those who communicate with senior officials of the Federal Government.

To read more click here

Tax Court Rejects GAAR Argument: No Intention in ITA to Tax Corporate Distributions on Dividends

On January 18, 2007 the Tax Court of Canada released a decision dealing with the application of the general anti-avoidance rule ("GAAR") found in section 245 of the Income Tax Act (Canada) (the "ITA"). Recently, cases involving the application of GAAR have been more prevalent at the Tax Court of Canada. The increased attention being given to GAAR in Canada's specialty tax court is in light of the Supreme Court of Canada's pronouncement in the January 2006 decision of Canada Trustco Mortgage Co. v. Canada, on the approach to be taken with respect to the interpretation and application of GAAR. The Tax Court's decision is examined in this article.

To read more click here

CRA Tax Rulings Offer Scope for Access to Small Business Deductions by Partners

The Canada Revenue Agency has recently released two new advance income tax rulings (the "Rulings") which allow for multiple access to the small business deduction. The Rulings contemplate a business reorganization by the professional partnerships, whereby the professional services of the partners are provided through professional corporations. In light of these rulings professionals such as doctors, dentists, lawyers and accountants who are currently practicing as members of a professional partnership may wish to consider reorganizing their current business structure.

To read more click here

Amendments to Ontario's Partnership Act May Create Tax Risk for Partners in Limited Liability Partnerships

On August 1, 2007, new amendments to section 10 of the Ontario Partnerships Act will come into force that create full shield limited liability protection. Because of these amendments, negative tax implications may occur for partners in a limited liability partnership. The amendments and potential negative tax implications are discussed in this article.

To read more click here

The Valuation of Thinly Traded Stock

Often tax authorities are required to make an estimation of the fair market value ("FMV") of a block of shares transferred between related parties. It would seem that valuing publicly traded stock would be relatively easy given that their "market" prices are posted on various stock exchanges at the end of each business day. However, this task does not become so easy when one must evaluate the FMV of a block of thinly traded shares. The proper valuation of thinly traded shares is examined in this article.

To read more click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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2018 is set to be another big year in employment, with employers set to face new challenges and responsibilities. At our event, looking ahead to next year, we will be discussing four key issues you might face in 2018, providing useful tips and answering your questions.

 
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