Immigration and Refugee Protection Regulations
August 14, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, HR Policies and Procedures, HRMS, Human Resources, Recruiting and Hiring
On April 29, 2013, the Minister of Human Resources and Skills Development (“HRSDC”) and the Minister of Citizenship, Immigration and Multiculturalism announced that they would be introducing numerous changes to the Temporary Foreign Worker Program. Employment and Social Development Canada, formerly known as HRSDC, has now announced changes to the Labour Market Opinion application process, which are effective as of July 31, 2013.
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June 19, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring
In early April 2013, it was reported that 45 Royal Bank of Canada employees would be losing their jobs because the company had outsourced several technology services to a California-based firm that specializes in sending jobs offshore. RBC faced a severe public backlash over the incident and Citizenship and Immigration Canada subsequently published proposed regulatory amendments to the Immigration and Refugee Protection Regulations…
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May 15, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring
On May 10, 2013, Citizenship and Immigration Canada announced proposed regulatory amendments that will narrow the definition of “dependent child” by reducing the age limit to children under the age of 19 and removing the exception for full-time students. Once implemented, this proposed change will adversely affect the dependent children of all prospective immigrants to Canada.
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April 17, 2013 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring
On March 30, 2013, Citizenship and Immigration Canada (“CIC”) published Ministerial Instructions in the Canada Gazette, which formally establish the new Start-Up Business Class. CIC also published Chapter 27 of the Overseas Processing Manual, which provides further details regarding the processing of such applications.
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September 13, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
On August 18, 2012, Citizenship and Immigration Canada published proposed regulatory amendments in the Canada Gazette, which will significantly alter the Federal Skilled Worker Class, create a new Federal Skilled Trades Class, and liberalize the Canadian Experience Class.
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May 17, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
On April 18, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney launched consultations on the possible creation of a new program to attract immigrant entrepreneurs. Citizenship and Immigration Canada will consult with industry associations in the development of a “start-up” visa program for innovative entrepreneurs in the coming months. A start-up visa program differs from existing investor and entrepreneur options in that…
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April 19, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada’s Provincial Nominee Programs (PNPs). As of July 1, 2012, most PNP applicants for semi-skilled and low-skilled professions will have to undergo mandatory language testing of their listening, speaking, reading and writing abilities and meet a minimum standard across all four of these categories before they can qualify for a nomination certificate.
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August 18, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
The Free Trade Agreement (“FTA”) between Canada and Colombia was originally signed on November 21, 2008. However, it did not come into force until August 15, 2011. As in the case of other FTAs, the Canada-Colombia FTA contains provisions for the temporary entry of treaty nationals pursuant to Section 204 of the Immigration and Refugee Protection Regulations. These provisions appear in “Chapter 12 – Temporary Entry for Business Persons.”
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June 3, 2011 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources
This case is a stunning example of mistreatment of migrant workers: a live-in nanny recently launched a wrongful dismissal claim against her employer in the Ontario Superior Court seeking damages in the amount of $195,000 for breach of contract, unpaid wages, statutory holiday pay and vacation pay.
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April 21, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
On August 4, 2010, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which were expected to adversely affect many temporary foreign workers; these regulatory amendments became effective on April 1, 2011. On April 1, 2011, Citizenship and Immigration Canada (“CIC”) issued Operational Bulletin 275-C, which provides operational instructions to both CIC and the Canada Border Services Agency in relation to these recent regulatory amendments.
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April 21, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
Last year, the governor-general-in-council published amendments to the Immigration and Refugee Protection Regulations, which would affect the Temporary Foreign Worker Program; these amendments became effective on April 1, 2011. Human Resources and Skills Development Canada has now announced new procedures that implement these amendments.
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October 27, 2010 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
HR professionals are frequently asked whether a foreign national, who seeks to enter Canada in order to perform a specific task on behalf of their company, will require a work permit. If the proposed activity falls within the parameters of the business visitor category, no work permit will be necessary.
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September 29, 2010 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources
On September 1, 2010, Citizenship and Immigration Canada issued Operational Bulletin 230, which announces a new exemption from the Labour Market Opinion requirement for foreign medical residents and medical research fellowship holders. This new exemption falls under Paragraph 205(c)(ii) of the Immigration and Refugee Protection Regulations.
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