NAFTA

CETA offers enhanced labour mobility for EU nationals entering Canada

October 18, 2017 Henry J. Chang, Dentons LLP Corporate Immigration, Government Budgets, Throne Speeches and Plans, Human Resources

Canada and the European Union (“EU”) commenced their provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (“CETA”) on September 21, 2017.

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Donald Trump presidency: Americans’ escape to Canada

November 16, 2016 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

Despite the numerous media reports, which claim (truthfully) that moving to Canada is difficult, there are still many temporary options available to Americans. Any one of these temporary options could allow a disillusioned U.S. citizen to wait out Donald Trump’s presidential term from the comfort of Canada.

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Can NAFTA address your company’s labour shortages

November 14, 2016 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Wages and Compensation

Many Canadian companies face ongoing labour shortages in a variety of positions. The frustration of their recruiters and HR professionals is palpable, for despite offering above average wages, group benefits and other perquisites of employment, finding quality personnel to fill vacancies is harder than ever for some professions. One possible solution is often overlooked.

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CIC issues expanded guidance on C12 specialized knowledge intra-company transferees

June 11, 2014 Henry J. Chang, Dentons LLP Corporate Immigration, Employee Relations, HR Policies and Procedures, Human Resources, International HR Law, International Payroll, Payroll, Recruiting and Hiring, Wages and Compensation

On June 9, 2014, Citizenship and Immigration Canada issued Operational Bulletin 575 (“OB 575”), which provides expanded guidance for intra-company transferee (“ICT”) work permits issued to specialized knowledge workers under the general ICT (C12) category. This guidance imposes a more rigorous definition of “specialized knowledge” as well as a mandatory wage requirement for some ICTs. However, OB 575 makes clear that this expanded guidance does not apply to specialized knowledge ICTs entering Canada pursuant to the North American Free Trade Agreement or to any future or current Free Trade Agreements.

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CIC updates Foreign Worker Manual provisions relating to intracompany transferees

July 19, 2012 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

Citizenship and Immigration Canada recently updated its Foreign Worker Manual, which provides guidance to CIC and Canada Border Services Agency officers who adjudicate work permit applications. The updated version includes revisions to sections that describe the C12 and NAFTA intracompany transferee exemptions.

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CIC finally allows recaptured time for intracompany transferees

October 20, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources

On September 19, 2011, Citizenship and Immigration Canada published Operational Bulletin 346, which authorized the recapture of unused time that would otherwise count against the time limits that are normally imposed on intracompany transferees. As a result of Operational Bulletin 346, now only periods of physical presence in Canada while holding an intracompany transferee work permit will count towards the time limits.

Canadian Border Services Agency, CBSA, CIC, Citizenship and Immigration Canada, employment law, foreign nationals, intracompany transferees, NAFTA, Operational Bulletin 346, recapture of unused time, Temporary Foreign Worker Guidelines

Opportunities Ontario provides guidance on the requirement of recruitment efforts

June 16, 2011 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

The Ontario Bar Association Citizenship and Immigration Section recently met with representatives of Opportunities Ontario, the province’s Provincial Nominee Program (“PNP”). During this meeting, they provided insight into the level of recruitment activities that would be expected from an employer who files a PNP application on behalf of a prospective employee.

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When does your Canadian employee need a U.S. work permit?

August 31, 2010 Henry J. Chang, Dentons LLP Corporate Immigration, Human Resources, Recruiting and Hiring

On occasion, Canadian HR professionals will be asked if one of their employees requires a work permit to enter the United States. The answer to this question depends on whether the proposed activity falls within the scope of the B-1 business visitor category. The problem lies in the lack of clear guidelines for B-1 business visitors and the considerable amount of discretion given to USCBP officers, who inspect foreign travelers seeking admission to the United States.

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