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CBP Canadian TN Checklist

"This list is intended as a guide to assist you in preparing for your application for admission into the United States pursuant to NAFT A (TN). The information listed below is intended to help you in meeting eligibility requirements as well as in identifying any documentary deficiencies, if any...

Canadian Court Hands Down First Prison Sentence Under Corruption of Foreign Public Officials Act

On May 23, 2014, the Ontario Superior Court in Ottawa imposed the first prison sentence under Canada’s Corruption of Foreign Public Officials Act (CFPOA). Defendant Nazir Karigar was sentenced to three years imprisonment for conspiring to bribe Indian government officials. The sentence is significant...

Rafael Edward 'Ted' Cruz, All-American

Canada-born U.S. Senator [Rafael Edward ] Ted Cruz has given up his citizenship from his birth country, making good on a promise from last summer. Spokeswoman Catherine Frazier said the Tea Party favourite formally gave up his citizenship May 14. He received official confirmation of the action at his...

Significant Changes to Canada’s Trade-marks Regime

Canada’s trade-mark regime was officially given a maaaaaajor dose of botox on June 19, when proposed changes to trade-marks legislation was given royal assent. Whereas some revisions were expected, others have brand owners and their trusty trade-mark lawyers up in arms. First, let’s go...

Significant Changes to Canada’s Trade-marks Regime

Canada’s trade-mark regime was officially given a maaaaaajor dose of botox on June 19, when proposed changes to trade-marks legislation was given royal assent. Whereas some revisions were expected, others have brand owners and their trusty trade-mark lawyers up in arms. First, let’s go...

Canada Benefits from U.S. Immigration Reform Failure

"Stalled immigration reforms in the United States are an opportunity for Canada to scoop up a wealth of young, "brilliant" foreign nationals and direct them into burgeoning tech-sector employment, the federal employment minister said Wednesday." - Tamsyn Burgmann, The Canadian Press...

Employment Contracts (Whether You Like Them or Not)

At the end of August, our new law firm will be half a year old. After a decade of practicing law in other peoples’ firms, I have to say, being the owner of the business is even better than I had expected. It’s not fewer hours, has just as many (but different) headaches, and the day to day...

How to Fire an Employee

Yes, this is a crummy subject, for both sides of the issue. I have yet to meet an employer or HR person who looks forward to that awkward meeting, where they need to pull the plug. Even amicable separations are full of potential anxiety about how to treat each other fairly, while advocating for oneself...

The U.S. Loses Its COOL. Again.

As you have probably read, the United States lost another round in its fight with Canada and Mexico in front of the World Trade Organization (“WTO”) over country of origin labeling (“COOL”) rules relating to beef and pork. Unless an appeal is upheld, or our rules change, Canada...

DHS to Consider 'Known Employer' Program for Canadian Business Travellers

"On January 8, 2015, the Department of Homeland Security is considering a “Known Employer” pilot program to streamline adjudication of certain types of employment-based immigration benefit requests filed by eligible U.S. employers. The “Known Employer” pilot, which the Department...

When Can an Employer Give Working Notice?

In the wake of Target closing its Canadian doors this month, we have had some of our employer clients asking about the pros and cons of working notice. The 17,600 employees of Target have received at least 16 weeks of notice each, but many will be expected to work all or part of those 16 weeks rather...

NERA Releases Canadian Securities Class Action Litigation Report

The number of securities class action lawsuit filed in Canada during 2014 was consistent with the recent annual average number of filings, and because case filings exceeded case resolutions, the aggregate total of unresolved class actions continued to grow during the year, according to a February 10...

Trends In Canadian Securities Class Action

Filings for new Canadian securities class actions have been essentially flat over the last three years, according to a recent report by NERA Economic consulting ( here ). That trend is consistent with the one for the filing of U.S. class actions ( here ). Last year there were 11 securities class actions...

SNC-Lavalin Should Be Grateful and Not Pout

This article was reprinted with permission from FCPA Professor But Mom / Dad, when Johnny gets into trouble his parents do things a little bit differently, why can’t I benefit from that? As I told The Globe and Mail in this article, that is my reaction to SNC-Lavalin’s unusual statement...

Great Lakes Map

News Excerpts From the April 15, 2015, Bender’s Immigration Bulletin

ICE Announces Safeguards for Releases of Noncitizens with Convictions | On March 18, 2015, U.S. Immigration and Customs Enforcement announced that it would implement additional safeguards prior to releasing noncitizens with criminal convictions from custody. Under the new policy, the discretionary...

Federal Govt Stands Down Wastewater Pollution Regulations

The federal government has reached an equivalency agreement with Quebec over wastewater pollution regulations intended to protect fish. Under the federal Fisheries Act , the federal government can agree NOT to apply its regulations in a province, if it agrees that provincial regulations in that province...

Canadian Securities Regulator Tries Public Shaming to Increase Fine Collections

A Canadian securities regulator frustrated with unpaid fines for financial crimes has tried a new tactic: publishing the names of individuals and entities that have been fined for financial-related crimes but have failed to pay. The Alberta Securities Commission has published a list of individuals or...

Liability For Delays In Issuing Environmental Permits?

Can the government be liable for financial damages, when they refuse environmental permits for unreasonable reasons, or cause an unreasonable delay in issuing a permit? Yes, it is possible, according to the British Columbia Court of Appeal ! Given the chronic delays in federal and provincial environmental...

Ontario HR Posting Requirements

Oh statutory posting requirements. I’ve visited this bland but important topic before, such as past posts on Mandatory Workplace Postings in Ontario when there were new requirements under the Occupational Health and Safety Act. The required OHSA poster that I discussed in that post remains current...

Privacy Law v. Freedom of Expression

Privacy law in Canada continues to grapple with that delicate balance between individual privacy and freedom of expression. The recent case Chandra v. CBC provides an interesting commentary on the quickly changing world of privacy law [subscribers can access an enhanced version of this opinion: lexis...

Voting Laws for Canadian Employees

While Canadian readers are no doubt aware that we have a federal election coming up, for those who might not be following Canadian politics, a federal election has been called and voting will take place on Monday October 19, 2015. Fun Facts for American readers • Canada is a different country...

US Border Guards Refuse Entry to Potential Marchers from Canada

Amanda Erickson, Washington Post, Jan. 21, 2017 - "British national Joe Kroese and a Canadian were turned away from the same border crossing on Thursday as they traveled with two American friends. Kroese, 23, was asked by an American border agent why he was traveling to the United States. He told...

Anti-Trump Canadian Heading to Women's March Refused Entry to USA

CBC Radio, Jan. 20, 2017 - "The first question that he asked point blank was, "Are you anti or pro-Trump? At that time, I just assumed that he was just trying to feel out our opinions and what we were doing. We all expressed that we were anti. We simply had nothing to hide. He took a lot of...