Q. How do I post a job opportunity on the Internet?

A. Employers across Canada can post job advertisements on the Service Canada's Job Bank free of charge. The Job Bank website is visited by thousands of job seekers each week.

To post a job, visit Human Resources Management's Hiring: Post Jobs section lists additional job posting services.

Q. Where can I find available job descriptions that I can use to create one for my company?

A. Since its introduction in 1992, the National Occupational Classification system continues to be the authoritative resource on occupational information in Canada. The NOC is used daily by thousands of people to understand the jobs found throughout Canada's labour market.

Q. What questions should I avoid asking when conducting a job interview?

A. The Canadian Human Rights Commission produces a document called "Prohibited grounds of discrimination in Canada" which provides comparative information on the grounds of discrimination covered by federal, provincial and territorial human rights legislation in Canada.

Canadian Human Rights Commission
344 Slater Street, 8th Floor, Ottawa, Ontario K1A 1E1, Canada
Telephone: (613) 995-1151
Toll Free: 1-888-214-1090
TTY: 1-888-643-3304
Fax: (613) 996-9661
Email: info.com@chrc-ccdp.ca

Q. How can we measure our recruiting costs?

A. Research demonstrates that the total cost of replacing an employee, counting direct and indirect costs, is within the range of 70 to 200 per cent of their salary. If we go with 100 per cent as a conservative cost estimate, you would calculate:

# of employees who left X average annual salary and benefits = annual cost of turn over.
Source: Finders & Keepers Recruitment and Retention Strategies.

Q. Are subsidies available for hiring and training employees?

A. Yes. Subsides are available for hiring and training employees from the federal and provincial governments. To review federal programs, visit Human Resources and Social Development Canada.

Provincial government subsidy program information is available on this site under the Hiring Employees, Subsidies & Programs section by selecting the specific province or territory that you wish to view.

Q. How can I hire a foreign worker?

A. Canada's policy on foreign workers permits employers to recruit foreign workers needed for the Canadian labour market. At the same time, it ensures that employers have considered Canadian citizens and permanent residents and that the entry of foreign workers will not adversely affect employment or career opportunities for Canadian citizens and permanent residents. Visit the Foreign Worker Program website for further information.

Q. Where can I get information about accessing an individual's educational credentials when they studied outside of Canada?

A. The Canadian Information Centre for International Credential's "Assessment and recognition of credentials for purpose of employment in Canada" provides information about this issue.

Q. Where can I find information about the labour market in Canada?

A. Service Canada's Labour Market Information site offers information on the labour market at the national, provincial and local level.

Statistics Canada offers statistical reports about the labour market at the national, provincial and local level as well.

Q. Where can I find information about Regulated trades and professions in Canada?

A. The Work Destinations Web site is a comprehensive source of information on regulated trades and professions in Canada.

Q. Where can I get information about wages?

A. For information regarding income based on occupation or education, please visit the "I want to be..." section of the Human Resources and Skills Development Canada Web site.

Q. I have a payroll question about calculating payroll deductions, TD1s and T4s.

A. Information about calculating payroll deductions is available from Canada Revenue Agency.

Additional payroll administration information.

Telephone: 1-800-959-5525

Q. Are there forms that I need to complete when I hire an employee?

A. Yes. Every employee must have a Social Insurance Number (SIN). The application must be completed by the individual requesting the SIN. Click here for a copy of the application and instructions for submitting it to Human Resources and Social Development Canada.

A TD1 form is a tax form which employers use to take the correct amount of income tax from your employee's pay. For information about TD1 form requirements, visit Canada Revenue Agency's web page.

Q. What is the Employment Insurance premium rate for employers?

A. Premium rates for employers are available on the Human Resources and Skills Development Canada website.

Q. What is the Employment Insurance premium rate for my employees?

A. Premium rates for employees for 2005 are available on the Finance Canada website.

Q. What are the employer's obligations with respect to paying Employment Insurance premiums?

A. Part IV: Insurable Earnings and Collection of Premiums of the Employment Insurance Act explains the employer's obligations with respect to EI premiums.

Q. What are the contribution rates for the Canada Pension Plan (CPP)?

A. Information about calculating payroll deductions andCPP contribution rates are available at Canada Revenu Agency.

Q. How do I order and complete a Record of Employment (ROE)?

A. ROE are now available on the internet.

Q. Am I authorized to give HRSDC payroll information?

A. Yes. For detailed information concerning the release of payroll information, visit the Employment Insurance website.

Q. What options are available for designing a benefits package?

A. Benefits Interface provides a summary of the issues to consider when designing a benefits package along with a Diagram of human resource objectives and a Diagram of employee needs.

The Free Management Library, developed by Carter Authenticity Consulting, provides an integrated library of HR resources for non-profit and for profit organizations. The Benefits section of the library offers a variety of articles under Planning a Benefits Program.

Q. What are the conditions that establish an employer/employee relationship?

A. There may be an employer-employee relationship when one or more of the following factors is present:

1. The employer makes payments to the employee: (1) on the basis of time; (2) at regular intervals; (3) directly to individuals, or subject to source deductions (e.g. Canada Pension Plan or Employment Insurance).

2. The employers exercises supervisory control over the employee, has the authority to discipline the employee, and makes provisions for holiday or sickness pay.

3. The employer is responsible for furnishing the tools, facilities and materials needed to perform the duties.

4. The employee has no opportunity to profit, and is not exposed to any risk of loss, in work performance.

Q. Can I deduct training expenses for my employees on my corporate tax return?

A. The Employer's Guide - Taxable Benefits is available on the Canada Revenue Agency's web site.

Telephone: 1-800-959-5525

Q. Tell me about the minimum wage, overtime requirements, vacation time, statutory holidays and other regulations affecting the workplace.

A. Laws and regulations affecting about 90% of the Canadian work force and concerning most employment in Canada are provided by provincial or territorial legislation. The federal Labour Code is not related to any of the provincial codes and, in fact, differs in many areas from the provincial legislation.

The geographic location of your business does not determine whether you are governed by federal, provincial or territorial legislation. How your business is incorporated also has no bearing on which legislation governs your work place. The industry or normal and habitual activities of the business determines whether you should be applying federal, provincial or territorial labour laws. If you are not sure which labour laws apply to your business, the Labour Program web site will assist you.

Visit Hiring Employees: Laws & Regulations

Visit Labour Law at a Glance/ Layoffs and Terminations for access to provincial laws and regulations. Select provincially regulated and the province where your business activities are located.

Q. How do I order and complete a Record of Employment (ROE)?

A. ROEs are now available on the internet.

Q. How can I help my employees when my business is facing temporary work slowdowns?

A. The Work Sharing Program could be a positive alternative to layoffs for you and your employees. An employer information kit is available for your review.

Q. What legislation should I review with respect to terminating or laying off an employee?

A. Laws and regulations affecting about 90% of the Canadian work force and concerning most employment in Canada are provided by provincial or territorial legislation. The federal Labour Code is not related to any of the provincial codes and, in fact, differs in many areas from the provincial legislation.

The geographic location of your business does not determine whether you are governed by federal, provincial or territorial legislation. How your business is incorporated also has no bearing on which legislation governs your work place. The industry or normal and habitual activities of the business determines whether you should be applying federal, provincial or territorial labour laws. If you are not sure which labour laws apply to your business, the Labour Program web site will assist you.

Visit Departing Employees: Laws & Regulations for access to provincial laws and regulations. Select provincially regulated and the province where your business activities are located.

Q. Where can I get advice on working with a "problem employee"?

A. Visit Managing Employees: Performance Problems and Performance Appraisals .

Q. How can I help employees affected by layoff or termination?

A. Refer affected employees to JobsEtc.ca for job vacancies and information about training and careers.

Refer affected employees to Job Bank for job matching and vacancies.

Provide employees with a copy of their Record of Employment for the purppose of applying for the Employment Insurance Program.

Q. Are subsidies available for hiring and training employees?

A. Yes. Subsides are available for hiring and training employees from the federal and provincial governments. To review federal programs, visit Human Resources and Social Development Canada

Provincial government subsidy program information is available on this site under the Hiring Employees, Subsidies & Programs section by selecting the specific province or territory that you wish to view.

Q. Where can I get information about Tax on Income and other payroll deductions?

A. Canada Revenue Agency publishes "Employer's Guide: Payroll Deductions (Basic Information)" for employers. The guide provides information about deducting Canada Pension Plan Contributions, Employment Insurance Premiums, and Income Tax. You can view or download a copy of this document from Canada Revenue Agency.

Q. Where can I get information about training courses?

A. The Association of Canadian Community Colleges offers a database of Full-time Programs offered at Canada's 175 colleges and institutes.

CanLearn.ca.

Canadian Training Solutions for Workplace Learning also provides information.

Q. Where can I get information about accessing an individual's educational credentials when they studied outside of Canada?

Q. Is apprenticeship training compulsory?

A. Apprenticeship training is the responsibility of provincial and territorial government in Canada. The Government of Canada's Red Seal Program website provides an overview of apprenticeship training in Canada including information about compulsory, non-compulsory trades and the red seal program.

The Work Destinations website is a comprehensive source of information on regulated trades and professions in Canada.

Q. Where can I get advice on working with a "problem employee"?

A. Visit Managing Employees: Performance Problems and Performance Appraisals.

Q. How do I conduct a performance review?

A. Visit Managing Employees: Performance Appraisals.

Q. How can I motivate my employees?

A. Businesstown.com offers a series of articles about motivating employees including tips for building successful teams.

Basics About Employee Motivation (Including Steps You Can Take) offers an overview of employee motivation including myths about motivating employees.

Q. Where can I get an overview of managing and supervising employees?

A. The Free Management Library, developed by Carter Authenticity Consulting, provides an integrated library of HR resources for non-profit and for profit organizations. Staffing and Supervising of Employees for profit organizations and Staffing and Supervising of Employees for non-profit organizations provide an overview of employee management and supervision issues.

Q. What should an employer know when their workforce is interested in being represented by a union for the purpose of collective bargaining?

A. A union must comply with the procedures for certification as outlined under the appropriate labour legislation in order to satisfy the responsible Labour Relations Board that the majority of the employees to be certified are in favour of being represented by the union. If certified by the Board, the employer and union are required by law to negotiate the terms and conditions of employment for the group of represented employees.

Except in Quebec, voluntary recognition is an alternative means by which unions may acquire bargaining rights for a group of employees should the employer recognize the trade union as the exclusive bargaining agent for that group of employees.

For federally regulated employers, a union must request certification from the Canada Industrial Relations Board.

Part 1 of the Canada Labour Code describes the process, along with other important Labour Relation matters.

For provincially regulated employers, the procedure differs from province to province. "Lancaster House: Labour Law on Line" offers a list of labour relations boards and provincial government labour departments for all provinces.

Q. What mediation and arbitration services are available to resolve labour/management disputes?

A. The Federal Mediation and Conciliation Service website offers a variety of services to resolve collective bargaining and other related disputes and improve the labour-management relationship in the federal private sector.

You will find a list of offices at the following address :http://labour-travail.hrdc-drhc.gc.ca/sfmc_fmcs/chr_hru/index.cfm/doc/english.

The Labour Program website provides a number of links to information of interest to those negotiating collective agreements.

Services are also available for provincially regulated workplaces. Contact the appropriate provincial government. "Lancaster House: Labour Law on Line" offers a list of provincial government labour departments for all provinces.

Q. What is Employment Equity?

A. Employment Equity is based on the principle that to obtain equal access to employment, and equal access to advancement within the workplace, positive measures must be taken to redress systemic discrimination. Employment equity is concerned with pre-employment conditions that affect access to employment as well as conditions in the workplace that work against equal opportunity in employment. Employment Equity focuses on four target groups, women, Aboriginal peoples, persons with disabilities and persons in a visible minority.

Federal Legislation:

At the federal level, Canada's employment equity policies and programs rank among the most advanced in the world. The Employment Equity Act applies to:

- Federally regulated employers
- Suppliers (both federally and provincially regulated) of goods and services to the federal government that have a national workforce of 100 employees or more and are bidding on contracts valued at $200,000.00 or more Federal Contractors Program
- the federal public service (Public Service Act)
- Crown corporations

Provincial Legislation:

Only one province in Canada, British Columbia, has employment equity legislation. Seven provinces in Canada (British Columbia, Manitoba, Saskatchewan, Quebec, Nova Scotia, New Brunswick and Prince Edward Island) have employment equity policies. Provincial policy, with the exception of Quebec, focuses its mandate on the public sector. Visit your provincial government website to review their employment equity information. The Canada site offers links to all provincial governments.

Employment Equity Policy in Canada: An Interprovincial Comparison on the Status of Women website provides an overview of Employment Equity policy.

These FAQs have been adapted with the permission of the Canadian Centre for Occupational Health and Safety (CCOHS). They are a sampling of FAQs the CCOHS web site http://www.ccohs.ca/oshanswers/ presents as a service to Canadians. The CCOHS promotes a safe and healthy working environment by providing information and advice about occupational health and safety.

Q. What occupational health and safety agency covers my workplace?

A. Each of the ten provinces, three territories and the federal government has its own OHS legislation. The federal government has responsibility for the health and safety of its own employees and federal corporations, plus workers in certain industries such as inter-provincial and international transportation (e.g., railways, air transport and road transport), shipping, telephone and cable systems, etc. Approximately 10% of the Canadian workforce falls under the federal jurisdiction. The federal health and safety legislation, administered by HRDC-Labour Program, is commonly referred to as the Canada Labour Code Part II and regulations.

The remaining 90% of Canadian workers fall under the legislation of the province or territory where they work. In each province or territory, there is an Act (typically called the Occupational Health and Safety Act or something similar) which applies to most workplaces in that region. Generally, it does not apply to farming operations unless made to do so by a specific regulation. The legislation should be consulted to find out who is or is not covered.

At the provincial and territorial level, the name of the government department responsible for OHS varies with each jurisdiction. It is often called a ministry or department of labour. In some jurisdictions, it is a workers' compensation board or commission that has the responsibility for occupational health and safety. Each provincial or territorial department is responsible for the administration and enforcement of its occupational health and safety act and regulations.

A list of Canadian government departments with chief responsibility for occupational health and safety is available from the Canadian Centre for Occupational Health and Safety or from Canada's National Occupational Health and Safety Web Site, CanOSH.

Q. Where can I find out about employer duties under Canadian Occupational Health and Safety legislation?

A. Many basic elements (e.g., rights and responsibilities of workers, responsibilities of employers, supervisors, etc.) are similar in all the jurisdictions across Canada. However, the details of the OHS legislation, employer and worker responsibilities, and how the laws are enforced vary from one jurisdiction to another. In addition, provisions in the regulations may be "mandatory", "discretionary" or "as directed by the Minister".

There are some employer duties that are common to most jurisdictions. Generally, they are an employer's responsibility to:

- establish and maintain a joint health and safety committee, or cause workers to select at least one health and safety representative
- take every reasonable precaution to ensure the workplace is safe
- train employees about any potential hazards and in how to safely use, handle, store and dispose of hazardous substances and how to handle emergencies
- supply personal protective equipment and ensure workers know how to use the equipment safely and properly
- immediately report all critical injuries to the government department responsible for OHS
- appoint a competent supervisor who sets the standards for performance, and who ensures safe working conditions are always observed.

If you have specific concerns about what regulations require employers and workers to do, you should consult local authorities in your jurisdiction. This is especially true if your questions deal with the content, interpretation, compliance and enforcement of the legislation, and how it applies in your own workplace situation. The question " What occupational health and safety agency covers my workplace?" above will help you determine whether federal/provincial or territorial OHS legislation applies to your workplace and provides links to the specific legislation that governs your OHS duties in the work place.

Q. What happens when there is a refusal for unsafe work?

A. Each of the 10 provinces, three territories and federal government have occupational health and safety legislation providing the right for a worker to refuse dangerous work. An employee can refuse work if he/she believes that the situation is unsafe to either himself/herself or his/her co-workers. When a worker believes that a work refusal should be initiated, then
- the employee must report to his/her supervisor that he/she is refusing to work and state why he/she believes the situation is unsafe
- the employee, supervisor, and a Joint Health and Safety Committee member or employee representative will investigate
- the employee returns to work if the problem is resolved with mutual agreement
- if the problem is not resolved, a government health and safety inspector is called
- inspector investigates and gives decision in writing.

If you have specific concerns about what is required by the legislation governing your workplace, you should consult local authorities in your jurisdiction. This is especially true if your questions deal with the content, interpretation, compliance and enforcement of the legislation, and how it applies in your own workplace situation.

The question " What occupational health and safety agency covers my workplace?" will help you determine whether federal/provincial or territorial OHS legislation applies to your workplace and provides links to the specific legislation that governs your OHS duties in the work place.

Q. What is meant by due diligence?

A. Due diligence is the level of judgment, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances.

Applied to occupational health and safety, due diligence means that employers shall take all reasonable precautions, under the particular circumstances, to prevent injuries or accidents in the workplace. This duty applies to legislated requirements as well as to situations that are not addressed in the occupational health and safety legislation.

"Due diligence" is important as a legal defense for a person charged under occupational health and safety legislation. If charged, a defendant may be found not guilty if he or she can prove that due diligence was exercised. In other words, the defendant must be able to prove that all precautions, reasonable under the circumstances, were taken to protect the health and safety of workers. "Due Diligence" is another way of expressing the term "prevention".

For more information on how to establish a due diligence program or to view a sample due diligence check list, visit the Canadian Centre for Occupational Health and Safety web site.

Q. As an employer, do I have responsibilities for Material Safety Data Sheets (MSDSs)?

A. Yes. Employers must make sure that all controlled products have an up-to-date (less than three years old) MSDS when it enters the workplace. The MSDSs must be readily available to the workers who are exposed to the controlled product and to the health and safety committee or representative. If a controlled product is made in the workplace, the employer has a duty to make an MSDS for any of these products.

Employers may computerize the MSDS information as long as all employees have access to and are trained on how to use the computer terminals, the terminals are kept in working order, and that the employer makes a hard copy of the MSDS available to the employee or safety and health committee/representative upon request.

More information concerning MSDSs is available from the Canadian Centre for Occupational Safety and Health and from Health Canada.

Q. Are there research and statistical reports, or good practice documents that well help me prevent workplace injuries?

A. Yes. The purpose of occupational health and safety legislation is to prevent workplace related accidents and injuries, including occupational diseases. Occupational health and safety legislators, workers' compensation agencies and non-profit organizations compile research, statistics, trends and analysis reports. This information is used to assist legislators and workplace partners in developing legislation and targeted prevention programs.

The Canadian Centre for Occupational Health and Safety (CCOHS) promotes a safe and healthy working environment by providing information and advice about occupational health and safety.

Information and services are also available from government agencies and compensation agencies in all Canadian jurisdictions. If you are conducting research on a particular subject, be sure to check with each of the agencies or conduct a search using the CanOSH search feature. The CanOSH search feature will filter your search by subject, legislation or agency.

Q. How do I report a worker's loss time injury to the workers compensation agency?

A. One of the objectives of workers compensation legislation is to provide compensation for loss of earnings, medical care and other related benefits to employees injured in the course of employment or disabled by reason of an industrial disease due to the nature of the employment.

Provincial and Territorial compensation agencies adjudicate most workers' compensation claims. Both the Canadian Centre for Occupational Health and Safety and the CanOSH web site provide links to the provincial and territorial compensation agencies where you can access information concerning: Benefits and Services, Employer Services, Filing a Claim, and Filing an Appeal.

The Government Employees Compensation Act (GECA) covers all employees of the federal government and most Crown agencies. The GECA brochure, Employers' Guide to the Government Employees' Compensation Act details eligibility and reporting requirements.

Q. I know that I have to report a worker's loss time injury due to a workplace accident or occupational illness to the Workers Compensation Board. Do I have to report the loss time injury to any other agency?

A. The short answer is: Yes. Each of the ten provinces, three territories and federal government has its own occupational health and safety (OHS) legislation. All 14 jurisdictions have legislation governing the reporting and investigating accidents, occupational diseases and other hazardous occurrences affecting an employer's employees.

Occupational health and safety (OHS) hazardous occurrence reporting requirements are separate and distinct from workers compensation reporting requirements. Some confusion exists because of the overlap of these two reports. The workers compensation report is generated for compensation purposes and is injury oriented. Legislated OHS reports detail accident causes and recommendations for corrective action to make the workplace safer.

It is important to know what needs to be done in the event of a workplace accident or occupational disease. However, the information to be provided and the reporting time frames can vary depending on which legislation applies to your workplace, the type of accident and the seriousness of the injury.

The question " What occupational health and safety agency covers my workplace?" above will help you determine whether federal/provincial or territorial OHS legislation applies to your workplace and provides links to the specific legislation that governs hazardous investigation and reporting in your work place.

Q. What is a human resource plan?

A. Human Resource Management is concerned with the utilization and development of the human resources required to meet the organization's overall objectives. It involves the development of HR objectives, strategies and policies.

A Human Resource Plan is a document describing an organization's human resources goals and means of achieving them over a fixed period of time. A HR plan helps to clarify and focus on where efforts should be directed and serves as a basis for discussion, as offering a benchmark against which actual performance can be measured and reviewed.