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Canada: Agribusinesses tackle new challenges in employing foreign workers
Agribusinesses traditionally rely on temporary foreign workers (TFWs) to fulfill operational needs. COVID-19 poses new challenges for these businesses.
Global | Publication | October 2020
The COVID-19 pandemic has had an unprecedented effect on society and the global economy. It has created a new awakening among consumers about the importance of food security, food safety and ensuring proper commodity and food supply chains are in place which utilize safe, locally-sourced commodities and foods. In this section, we explore some of the legal and regulatory changes and challenges that are affecting food companies and agribusinesses all along the value chain from foreign worker mobility and accommodation restrictions, constrains on the supply of certain foreign-sourced products globally, trade disruptions, new protectionist and anti-trust policy developments, and important clarifications with respect to employee health and safety standards.
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Agribusinesses traditionally rely on temporary foreign workers (TFWs) to fulfill operational needs. COVID-19 poses new challenges for these businesses.
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As Canadians continue to self-isolate and eat more meals at home, demands on Canada’s grocery stores and food manufacturers have dramatically increased.
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Following on the heels of new federal support programs for producers employing temporary foreign workers (TFWs), several provinces have announced initiatives to assist agribusinesses faced with an expected shortage in farm workers.
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When does a director first come under a duty to consider the interests of creditors (Creditor Duty)? How should the Creditor Duty be weighed up in a director’s decision on whether to authorise the repayment of shareholder loans and to declare dividends? In the very recent decision of Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10 (Foo Kian Beng), the Singapore Court of Appeal (CA) sheds light on this important issue and gives practical guidance to directors. Prior to Foo Kian Beng, Singapore, English and Commonwealth courts had not been uniform in describing when the Creditor Duty is first engaged. Potentially confusing and ambiguous terms such as “financially parlous” and “on the verge of insolvency” were used, which resulted in uncertainty as to when the Creditor Duty first arises.
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When does a director first come under a duty to consider the interests of creditors (Creditor Duty)? How should the Creditor Duty be weighed up in a director’s decision on whether to authorise the repayment of shareholder loans and to declare dividends?
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On 21 May 2024, the European Council (or Council) adopted the so-called ‘Hydrogen and decarbonised gas market package’ (the Gas Package). The package contains a recast of the 715/2009 gas regulation (Gas Regulation) and a recast of the 2009/73 gas directive (Gas Directive) aimed at reforming the existing EU regulatory framework to support the deployment of renewable and low-carbon gases, in particular hydrogen. As such, it represents a major development in the EU gas market.
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