PAGE Acknowledgments... A-1 Preface... P-1 Table of Cases... TC-1

Transcription

1 Table of Contents PAGE Acknowledgments A-1 Preface P-1 Table of Cases TC-1 1/Canadian Immigration Concepts 1:10 Background :20 Structure :20.1 Immigration and Refugee Protection Act (IRPA) :20.2 Immigration and Refugee Protection Regulations (IRPR) :20.3 Immigration Manuals/CIC Websites :20.4 Operations Memoranda/Bulletins and Other Instruments 1-8 1:20.4(1) Forms :20.5 Other Factors :20.5(1) Concepts :20.5(1)(a) Application :20.5(1)(b) Examination :20.5(1)(c) Common-Law Partner (Dependent) :20.5(1)(d) Foreign National :20.5(1)(e) Permanent Resident :20.5(1)(f) Board :20.5(1)(g) Rules of Evidence/Documents :20.5(1)(h) Classes NORTH AMERICAN RELOCATION LAW C-1

2 NORTH AMERICAN RELOCATION LAW 1:20.5(1)(i) Due Diligence :20.5(1)(j) Discretion :20.5(1)(k) Labour Market Impact Assessment (formerly Labour Market Opinion) :20.5(1)(l) Temporary Resident/Temporary Resident Visa :20.5(1)(m) Immigration Act :20.5(1)(n) Visa vs. Status vs. Permit :20.5(1)(o) Work :20.5(2) Administrative Law :30 The Players :40 Using this Work vis-a` -vis Canadian Immigration Figure 1-1 Immigration Canada Operations Bulletin Figure 1-2 CIC Foreign Employee Recruitment Procedural Flow Chart Figure 1-3 CIC/CBSA Comparison Chart /Bringing a Foreign Worker to Canada 2:10 Background :10.1 What Not to Do/Employer Liability :10.1(1) IRPA Punitive Measures :10.1(2) Employer Compliance Issues :10.2 General Considerations in Securing Temporary Status/Work Permit :10.2(1) Temporary Status/Work Permit Concepts :10.2(1)(a) Foreign National :10.2(1)(b) Requirement of Foreign National to Seek Visa :10.2(1)(b)(i) Additional Requirements for Visa-Exempt Foreign Nationals :10.2(1)(b)(ii) Visa Nationals That Can Use etas :10.2(1)(c) Foreign National Subject to Immigration Officer Examination :10.2(1)(d) No One May Evade an Immigration Inspection :10.2(1)(e) Issues to be Established by Foreign National :10.2(1)(f) When a Foreign National Becomes a Temporary Resident :10.2(1)(g) Foreign National Requires Work Permit to Work in Canada C-2

3 TABLE OF CONTENTS 2:10.2(1)(h) Definition of Work :10.2(1)(h)(i) Examples of Work :10.2(1)(h)(ii) Examples of What May Not be Work :10.2(1)(i) Meaning of Work Permit :10.2(1)(j) Source Information Concerning Visas and Work Permits :10.2(1)(k) Where to Apply for a Work Permit :10.2(1)(l) Application for Work Permit From Within Canada :10.2(1)(m) Source Information Concerning Examinations :10.2(1)(n) Employer Compliance Issues :20 The Foreign Worker Process :20.1 Look at Exceptions First :20.2 Legal Background :20.3 Procedure :20.3(1) Where to Begin :20.3(2) Employer s Requirements General LMIA Issues :20.3(2)(a) ESDC/Service Canada s Specific Requirements :20.3(2)(a)(i) Pre-LMIA Recruitment :20.3(2)(a)(ii) LMIA Recruitment Exceptions :20.3(2)(a)(iii) The LMIA Application Itself :20.3(2)(a)(iv) Expedited Processing :20.3(2)(a)(v) LMIA Renewals/Amendments :20.3(2)(b) LMIA Supporting Documentation :20.3(2)(c) ESDC/Service Canada Additional Programs/Considerations :20.3(2)(c)(i) Post-graduate Students :20.3(2)(c)(ii) CREWS :20.3(2)(c)(iii) Concurrent Processing :20.3(2)(c)(iv) Lower Skilled/Low-Wage Workers :20.3(2)(c)(v) Regional Service Canada Issues :20.3(2)(c)(v)(A) British Columbia/Yukon :20.3(2)(c)(v)(B) Alberta :20.3(2)(c)(v)(C) Ontario :20.3(2)(c)(v)(D) Manitoba :20.3(2)(c)(v)(E) Nova Scotia :20.3(2)(c)(v)(F) Prince Edward Island :20.3(2)(d) Miscellaneous/ESDC Service Canada Considerations :20.3(2)(d)(i) Self-employed Applicants NORTH AMERICAN RELOCATION LAW C-3

4 NORTH AMERICAN RELOCATION LAW 2:20.3(2)(d)(ii) Validity Period/Duration :20.3(3) Employee s Application :20.3(3)(a) Factors Involved :20.3(3)(b) Provision of Evidence and Application :20.3(3)(b)(i) Pre-screening Systems :20.3(3)(b)(i)(A) Quebec and East :20.3(3)(b)(i)(B) Ontario and West :20.3(3)(c) Applying for Work Permit Within Canada :20.3(3)(c)(i) Bridging Work Permit :20.3(3)(d) General Immigration Considerations in Temporary Visa/ Permit/Status Applications :20.3(3)(d)(i) Visitor vs. Worker :20.3(3)(d)(ii) Dual Intent :20.3(3)(d)(iii) Other Factors in Immigration Officer s Determination :20.3(3)(d)(iv) Initial Work Permit Time Period :20.3(3)(d)(v) Open Permits :20.3(3)(d)(vi) Temporary Work Permit Implications for Permanent Residence :20.3(4) Other Requirements :20.3(4)(a) Medical Examinations :20.3(4)(b) General :20.3(4)(c) Regulated Professions :20.3(4)(d) Biometrics :20.4 Industry Specific Information :20.4(1) Entertainment Industry :20.4(1)(a) Athletes :20.4(2) Computer Industry :20.4(2)(a) Computer Professionals :20.4(3) Education Industry :20.4(4) Medical Industry :20.4(5) Religious Institutions :20.4(6) Conventions and Trade Fairs :20.4(6)(a) Organizers/Planners :20.4(6)(b) Show/Event Service Contractors :20.4(6)(c) Speakers :20.4(6)(d) Exhibitors :20.4(6)(d)(i) Marketing and Sales under NAFTA :20.4(6)(d)(ii) Sales not to the General Public :20.4(6)(d)(iii) Sales to the General Public C-4

5 TABLE OF CONTENTS 2:20.4(6)(d)(iv) Sales at Other Types of Events :20.4(6)(e) Delegates :20.4(6)(f) Event Sponsors :20.4(7) Airline Industry :20.4(8) Agriculture Industry :20.4(9) Legal Industry :20.4(10) After-Sales Service Providers :20.4(11) Construction Industry :20.4(12) Hospitality Industry :20.4(13) Accountants :20.4(14) Tool and Die Makers :20.4(15) Caregivers :20.4(15A) Energy Sector :20.4(15B) Truck Drivers :20.4(16) Professions Generally :20.5 Country of Origin Specific Information :20.5(1) General :20.5(2) United States :20.5(2)(a) Citizens :20.5(2)(b) Residents Temporary and Permanent :20.5(3) Mexico :20.5(4) Chile :20.5(5) Korea, South :20.5(5a) Peru :20.5(5b) Philippines :20.5(5c) Colombia :20.5(5d) Bulgaria :20.5(5e) Brazil :20.5(5f) Romania :20.5(5g) India :20.5(6) Stateless :20.6 Provincial Issues :20.6(1) Quebec :20.6(2) British Columbia :20.6(3) Manitoba :20.6(4) Saskatchewan :20.6(5) Nova Scotia :20.6(6) New Brunswick :20.6(7) Alberta :20.6(8) Ontario :20.7 Conditions of Work Permits :20.8 What to Expect on Arrival at the Port of Entry :20.8(1) Alternative Inspection Systems NORTH AMERICAN RELOCATION LAW C-5

6 NORTH AMERICAN RELOCATION LAW 2:20.9 What to Do if Things Go Wrong :20.9(1) Technical Errors :20.10 Other and Ongoing Issues :20.10(1) Amendments, Renewals and Extensions :20.10(1)(a) Maximum Renewal Periods :20.10(1)(b) Expiration Periods :20.10(1)(c) Implied Status :20.10(1)(d) Conditions of Renewal :20.10(1)(e) Reinstatement/Restoration :20.10(2) Dependents :20.10(2)(a) Children :20.10(2)(a)(i) Studies :20.10(2)(a)(ii) Working :20.10(2)(a)(ii)(A) Ontario :20.10(2)(a)(ii)(B) Alberta :20.10(2)(a)(ii)(C) British Columbia :20.10(2)(b) Spouses/Common-Law Spouses :20.10(3) Changing Employers :20.10(3)(a) Termination of Employment :20.10(3)(b) Merger or Acquisition of Employer :20.10(4) Unpaid Internships :20.10(5) Failure to Comply With IRPA Figure 2-1 Figure removed Figure 2-2 Sample Job Description Format Figure 2-3 Use of a Representative Figure 2-4 Authority to Release Personal Information Figure 2-5 Persons Who May Apply for a Work Permit at a Port of Entry Figure 2-6 Temporary Resident Visa Exemptions Figure 2-7 Figure Removed Figure 2-8 Checklist of Documents Commonly Required in a Work Permit Application Figure 2-9 Application for Inland Work Permit Extension and Checklist Figure 2-10 Countries From Which Medical Exam Not Required Figure 2-11 Figure removed Figure 2-12 Contact Information for Immigration Offices: Port of Figure 2-13 Entry (Land and Air) and Inland Processing Centre Provincial Government Business Immigration Contacts Figure 2-14 Figure removed Figure 2-15 Figure removed Figure 2-16 Alternative Inspection Systems Comparison Figure 2-17 Sample Work Permit Approval Letter C-6

7 TABLE OF CONTENTS Figure 2-18 Sample Work Permit Figures 2-19 to 2-25 Figures removed Figure 2-26 Request for Labour Market Opinion Exemptions Figure 2-27 Figure removed Figure 2-28 Document List Tool /Exceptions and Exemptions from Ordinary Requirements Canada 3:10 Introduction :20 Work Permit Exemptions :20.1 Business Visitors :20.1(1) After-sales Service :20.1(2) Documenting Business Visitors :20.2 Diplomats and Their Suites :20.3 Members of Visiting Armed Forces :20.4 Foreign Government Exchange Officers :20.5 On Campus Students :20.6 Performing Artists :20.7 Foreign-Based Athletes :20.8 Foreign News Reporters :20.9 Guest Speakers :20.10 Convention Organizers :20.11 Spiritual Leaders :20.12 Sporting/Other Event Judges :20.13 Academic Evaluators :20.14 Expert Witnesses :20.15 Medical Clerks :20.16 Aviation Inspectors :20.17 Aviation Accident Inspectors :20.18 Crew Members :20.19 Emergency Personnel :20.20 "Bridge" Work Status :20.21 General :30 Exemptions From the Requirements of a Labour Market Assessment ("LMIA") :30.05 Employer Compliance/Offer :30.1 Intra-Company Transferees :30.2 Worker Who Can Offer Significant Benefit to Canada :30.3 Other Exemptions From Labour Market Assessments :30.3(1) CEC T-11 International Agreements :30.3(2) CEC C13 Emergency Repair Personnel NORTH AMERICAN RELOCATION LAW C-7

8 NORTH AMERICAN RELOCATION LAW 3:30.3(3) CEC C20 Reciprocal Employment :30.3(4) CEC C21 International Youth Exchange Programs :30.3(5) CEC C22 Academic Exchanges :30.3(6) CEC C30 Research :30.3(7) CEC C41/C10 (WDP) Spouses/ Common-Law Partners and Dependent Children of Skilled Workers :30.3(8) CEC C42 Spouses/Common-Law Partners of Foreign Students :30.3(9) CEC C43 Post-graduation Employment and Working While Studying :30.3(9)(a) Post-graduation Employment :30.3(9)(b) Off-Campus Work :30.3(10) CEC C44 Post-doctoral Fellows and Award Recipients :30.3(11) CEC C11 Entrepreneurs/Self-employed Candidates Seeking to Operate a Business :30.3(12) CEC C50 Charitable or Religious Work :30.3(13) Other Confirmation (LMIA) Exemption Codes :30.4 National Confirmation Letters :40 Special Programs :40.1 Summary of Information Concerning Current Special Programs :40.1(1) Deleted :40.1(2) Deleted :40.1(3) Youth Exchange Programs :40.1(3)(a) SWAP (Student Work Abroad Program) :40.1(3)(b) Working Holiday Program :40.1(3)(c) Other Youth Programs :40.1(4) Work Permits for Provincial Nominees :40.1(5) "Bridge" Work Permits for Permanent Residence Applicants :50 Miscellaneous Considerations Figure 3-1 Temporary Foreign Worker: Quick Reference Guide Figure 3-2 Figure removed /NAFTA vis-à-vis Canada 4:10 General :20 Who NAFTA Does Not Assist :30 Who Qualifies Under NAFTA :30.1 Business Visitors C-8

9 TABLE OF CONTENTS 4:30.1(1) Requirements for Business Visitors :30.2 Professionals :30.2(1) Requirements for Professionals :30.2(2) University, College and Seminary Teachers :30.2(3) Lawyers :30.3 Intra-Company Transferees :30.3(1) Requirements for Intra-Company Transferees :30.4 Traders and Investors :30.4(1) Requirements for Traders and Investors :40 Miscellaneous Figure 4-1 NAFTA Appendix 1603.D.1 Professionals Figure 4-2 NAFTA Application for Trader/Investor Status /GATS and Other International Instruments Canada 5:10 General Agreement on Trade in Services :10.1 General Requirements :10.1(1) Business Visitors :10.1(1)(a) Requirements for Business Visitors :10.1(2) Intra-Company Transferees :10.1(2)(a) Requirements for Intra-Company Transferees :10.1(3) Professionals :10.1(3)(a) Requirements for Professionals :20 Canada-Chile Free Trade Agreement :20.1 General Requirements :20.1(1) Business Visitors :20.1(1)(a) Requirements for Business Visitors :20.1(2) Professionals :20.1(2)(a) Requirements for Professionals :20.1(3) Intra-Company Transferees :20.1(3)(a) Requirements for Intra-Company Transferees :20.1(4) Traders and Investors :20.1(4)(a) Requirements for Traders and Investors a 5:30 Canada-Peru Free Trade Agreement :30.1 General Requirements :30.1(1) Business Visitors :30.1(1)(a) Requirements for Business Visitors :30.1(2) Professionals :30.1(2)(a) Requirements for Professionals :30.1(3) Intra-Company Transferees NORTH AMERICAN RELOCATION LAW C-9

10 NORTH AMERICAN RELOCATION LAW 5:30.1(3)(a) Requirements for Intra-Company Transferees :30.1(4) Traders and Investors :30.1(4)(a) Requirements for Traders and Investors a 5:40 Canada-Colombia Free Trade Agreement :40.1 General Requirements :40.1(1) Business Visitors :40.1(1)(a) Requirements for Business Visitors :40.1(2) Professionals :40.1(2)(a) Requirements for Professionals :40.1(3) Intra-Company Transferees :40.1(3)(a) Requirements for Intra-Company Transferees :40.1(4) Traders and Investors :40.1(4)(a) Requirements for Traders and Investors :50 Canada-South Korea Free Trade Agreement :50.1 General Requirements :50.1(1) Business Visitors :50.1(1)(a) Requirements for Business Visitors :50.1(2) Professionals :50.1(2)(a) Requirements for Professionals :50.1(3) Intra-Company Transferees :50.1(3)(a) Requirements for Intra-Company Transferees :50.1(4) Traders and Investors :50.1(4)(a) Requirements for Traders and Investors Figure 5-1 GATS Member Countries Figure 5-2 GATS Professional Requirements Chart Figure 5-3 Professions for the Purposes of the Canada-Chile Free Trade Agreement (Appendix K-03-IV-1) Figure 5-4 Professional Occupations Pursuant to the Canada-South Korea Free Trade Agreement /Inadmissible Classes: Who Cannot Come to Canada 6:10 Introduction :20 Removal of Persons Already in Canada :30 Categories of Inadmissibility :30.1 Security-based Inadmissibility Issues :30.2 Human/International Rights-based Inadmissibility Issues 6-5 C-10

11 TABLE OF CONTENTS 6:30.3 Serious Criminality-based Inadmissibility Issues :30.4 Criminality-based Inadmissibility Issues :30.5 Considerations Relating to Serious Criminal and Criminal Inadmissibility Issues :30.5(1) Equivalency :30.5(2) Conviction :30.5(3) Other Considerations :30.6 Organized Criminality-based Inadmissibility Issues :30.7 Health-based Inadmissibility Issues :30.7(1) Exceptions :30.7(2) Specific Medical Issues :30.8 Financial-based Inadmissibility Issues :30.9 Misrepresentation-based Inadmissibility Issues :30.10 Non-compliance-based Inadmissibility Issues :30.11 Related Inadmissibility Issues :40 Clearances :40.1 Criminal Clearances :40.2 Medical "Clearances" :50 What if the Applicant is Inadmissible? :50.1 Inadmissibility Procedures :50.1(1) Effect of Inadmissibility Allegation :50.2 Resolving Inadmissibility :50.2(1) Medical Inadmissibility :50.2(2) Criminal Rehabilitation :50.2(2)(a) Rehabilitation Flow Chart :50.2(3) Temporary Resident Permits :50.2(4) Prior Removal/Authorization to Return :60 Helping an Arriving Employee Figure 6-1 Application for Criminal Rehabilitation Figure 6-2 removed Figure 6-3 Sample Medical Examination Form Figure 6-4 Inadmissibility Comparison Chart Figure 6-5 Inadmissibility Summary Figure 6-6 Criminal Inadmissibility Considerations /Canadian Permanent Residence 7:10 Introduction :20 The Permanent Residence System :20.1 Advantages of Permanent Residence :20.2 Permanent Residence Options :20.2(1) Family Sponsorships :20.2(2) Business Applications NORTH AMERICAN RELOCATION LAW C-11

12 NORTH AMERICAN RELOCATION LAW 7:20.2(2)(a) Immigrant Investor Capital Program :20.2(2)(b) Start-Up Visas :20.2(3) Deleted :20.2(4) Economic Class Applications/Express Entry :20.2(4)(a) Federal Skilled Worker Applications :20.2(4)(a)(i) Preliminary Considerations :20.2(4)(a.1) Age :20.2(4)(b) Education :20.2(4)(c) Language :20.2(4)(d) Arranged Employment :20.2(4)(e) Experience :20.2(4)(f) Adaptability :20.2(4)(g) Deleted :20.2(4)(h) Point Summary and Other Considerations :20.2(4)(i) Miscellaneous Considerations :20.2(5) Canadian Experience Class Applications :20.2(5)(a) Completion of Canadian Experience Class Permanent Residence Application :20.2(6) Federal Skilled Trades Class :20.2(6)(a) Eligible Occupations :20.2(6)(b) Additional Requirements :20.2(6)(b)(i) Language :20.2(6)(b)(ii) Experience :20.2(6)(b)(iii) Offer of Employment or Alternative :20.2(6)(b)(iv) Processing :20.2(7) Dependents :30 Transferability of Related Experience :40 Completion of Permanent Residence Application :40.1 General Guidelines :40.2 Document Completion :50 Other Factors to Consider :50.1 Evidentiary Issues :50.1A Ongoing Processing :50.1B Temporary Status While Permanent Residence Application Processing :50.2 Fixing Problems :60 Requirements to Maintain Residence :70 Provincial Nominee Programs :80 Citizenship Figure 7-1 Point Self-Assessment Sheet Figure 7-2 Settlement Funds Figure 7-3 Figure removed C-12

13 TABLE OF CONTENTS Figure 7-4 Figure removed Figure 7-5 Figure removed Figure 7-6 Skilled Worker/Canadian Experience Class Comparison Chart Figure 7-7 Figure removed Figure 7-8 Express Entry Factors /The Quebec Immigration System 8:10 Getting Started :10.1 Background: Federal-Provincial Agreements on Immigration and Quebec Jurisdiction :10.1(1) Section 95, Constitution Act, :10.1(2) Agreements between Canada and Quebec :10.1(3) Canada-Quebec Accord Relating to Immigration and Temporary Admission of Aliens (1991) :10.2 Structure and Process of Immigration Policy in Quebec 8-6 8:10.2(1) Quebec Immigration Act [An Act Respecting Immigration to Quebec] R.S.Q., c. I :10.2(1)(a) Annual Immigration Plan and Three-Year Immigration Plan :10.2(2) Quebec Immigration Regulations :10.2(3) Guide des Procedures d Immigration :10.3 The Players :10.3(1) Ministe` re de l Immigration et des Communautes culturelles (MICC) :10.3(2) Service Canada :10.3(3) The Employer :10.3(4) The Worker :10.4 Definition and Scope of "Work" :20 Bringing a Temporary Foreign Worker :20.1 Overview of Quebec Jurisdiction :20.2 Certificat d Acceptation du Quebec (CAQ) :20.2(1) Filing of the Application for a CAQ :20.2(2) Supporting Proof and Documentation :20.2(3) Necessary Conditions as Assessed by the Minister :20.2(4) Factors in Determining a "Positive or Neutral Economic Impact on the Labour Market in Quebec" :20.2(5) Validity Period and Renewal of a CAQ :20.2(6) Cancellation of a CAQ by the Minister :20.3 CAQ Exemptions NORTH AMERICAN RELOCATION LAW C-13

14 NORTH AMERICAN RELOCATION LAW 8:20.4 Common Service Canada Labour Market Opinion-Exemptions :20.5 Overview of General Procedure to Obtain a CAQ :20.6 Live-in Caregivers :20.6(1) Description of Program :20.6(2) Conditions of Eligibility :20.6(3) General Application Procedure :20.6(4) Procedure Specific to Quebec :30 Bringing a Permanent Foreign Worker (Permanent Residence) :30.1 Overview of Quebec Jurisdiction :30.2 Certificat de Se lection du Quebec :30.3 Classes of Foreign Nationals Wishing to Settle Permanently in Quebec :30.3(1) Immigration: Economic Class :30.3(1)(a) Detailed Procedure Per Program :30.3(1)(a)(i) Skilled Worker :30.3(1)(a)(ii) Programme Experience Quebecoise 8:30.3(1)(a)(iii) (PEQ) Professions Regulated by Professional Orders or Decrees :30.3(1)(a)(iv) Business People :30.3(1)(a)(iv)(A) Entrepreneur Program :30.3(1)(a)(iv)(B) Investor Program :30.3(1)(a)(iv)(C) Self-Employed Worker Program :30.3(1)(b) Ministerial Discretion :30.3(1)(c) Applicable Duties :30.3(2) Family Class :40 Foreign Students: Permanent Residence and Temporary Stays :40.1 Temporary Students :40.1(1) CAQ Exemptions :40.1(2) Prerequisites :40.1(3) Application Procedure :40.2 Student Related Matters :40.2(1) The Charter of the French Language and Education Requirements :40.2(1)(a) Eligibility to Study in English :40.2(1)(b) Temporary Authorization :40.2(1)(c) The Application Process :50 Sanctions and Penal Provisions :60 Related Non-Immigrant Issues C-14

15 TABLE OF CONTENTS 8:60.1 International Social Security Understandings with Quebec Medical Coverage :60.2 International Social Security Understandings with Quebec Figure 8-1 Immigrants Admis au Quebec Selon la Categorie De taille e, Figure 8-2 Immigrants Admis au Quebec Selon la Connaissance du Franc ais et de l anglais et la cate gorie, Figure 8-3 Immigrants Admis au Quebec Selon 15 Principaux Pays de Naissance, Figure 8-4 Immigrants Actifs Admis au Quebec Selon la Profession Projete e, Figure 8-5 Immigration Au Quebec, 4th Trimestre de 2010 et Anne es 2010 et Appendix 8-A Application for Certificate of Acceptance for Temporary Work Appendix 8-B Application for Selection Certificate Appendix 8-C Schedule A to the Regulation Respecting the Selection of Foreign Nationals, R.S.Q. C. I-0.2, s Appendix 8-D Application for a Quebec Acceptance Certificate for Studies Appendix 8-E Persons Exempted from the Financial Contribution because they are "Resident in Quebec" Appendix 8-F Tuition Fees for Students from Outside Quebec Appendix 8-G Guides des Procedures D Immigration Appendix 8-H Regulation Respecting the Weighting Applicable to the Selection of Foreign Nationals, R.S.Q. c. I-0.2, r Appendix 8-I List of Areas of Training /Employment Law and Related Issues Canada 9:10 Introduction :20 Employment Law in Canada - Overview :20.1 Statutory Provisions - Employment Standards :20.1(1) Hours of Work, Overtime and Minimum Wage :20.1(2) Pregnancy, Maternity and Parental Leave :20.1(3) Termination and Severance Pay :20.1(4) Conclusion :20.2 Common Law :20.2(1) Reasonable Notice :20.2(2) Just Cause :30 Human Rights Legislation NORTH AMERICAN RELOCATION LAW C-15

16 NORTH AMERICAN RELOCATION LAW 9:40 Hiring/Transfer Considerations :40.1 Pre-Transfer Issues :40.2 Termination Provisions :40.2(1) Probationary and Early Resignation Clauses :40.2(2) Ability to Work in Canada :40.3 Permanent Residency :40.4 Post-Employment Restrictions :40.5 Jurisdiction Clauses :40.6 Arbitration Clauses :50 Social Insurance Number :60 Settlement Issues :60.1 Driving :60.2 Education :60.3 Insurance :60.4 Health Care :60.4(1) Ontario :60.4(2) Alberta :60.4(3) Manitoba :60.4(4) British Columbia :60.4(5) Saskatchewan :60.4(6) Quebec :60.4(7) Newfoundland and Labrador :60.4(8) New Brunswick :60.4(9) Nova Scotia :60.4(10) Prince Edward Island :60.4(11) Northwest Territories :60.4(12) Yukon Territories :60.4(13) Nunavut :70 Other Issues Figure 9-1 Offer of Employment Figure 9-2 Clause Permitting Relocation Figure 9-3 Termination Provisions Figure 9-4 Early Repatriation Figure 9-5 Ontario Health Coverage Document List /Income Tax Issues Canada 10:10 Introduction :20 Tax Residence :30 Factors for Determining Tax Residence in Canada :40 Taxable Employment Income :40.1 Incentive Bonus :40.2 Cost-of-living Allowance C-16

17 TABLE OF CONTENTS 10:40.3 Tax Equalization or Protection Payment :40.4 Employee Loans :40.5 Payment Summary :40.6 Moving Expenses :40.7 Timing of Taxation :50 Employer Withholding Requirements :60 Commencement of Residence :70 Social Security Taxes :80 Employer Reporting Requirements :90 Tax Treaties :100 Special Considerations for U.S. Citizens in Canada :110 Transfers from the United Kingdom :120 Transfers from Mexico :130 Foreign Holdings Reporting Requirements :140 Other Rules on Entering and Leaving Canada :150 Deferred Compensation Arrangements :160 Employee or Independent Contractor :170 Tax Planning Prior to Transfer Figure 10-1 Social Security Agreements Figure 10-2 Tax Treaties /Customs Law Issues Canada 11:10 Introduction :20 Exemption from Customs Duties and Taxes :30 Status For Customs Purposes :30.1 Visitors and Temporary Residents Under Tariff Item No :30.1(1) Baggage :30.1(2) Declarations, Time Limits and Changes in Status :30.1(3) Motor Vehicles :30.2 Returning Persons Under Heading No :30.2(1) Personal Exemptions :30.2(2) Declarations and Limitations :30.2(3) Temporary Importation of Motor Vehicles by Residents Under Tariff No :30.3 Returning Former Residents Under Tariff Item No :30.3(1) Personal and Household Effects :30.3(2) Ownership, Possession and Use Requirements :30.3(3) Declarations and Limitations :30.3(4) Motor Vehicles NORTH AMERICAN RELOCATION LAW C-17

18 NORTH AMERICAN RELOCATION LAW 11:30.4 Settlers under Tariff Item No :30.4(1) Personal and Household Effects :30.4(2) Ownership, Possession and Use Requirements :30.4(3) Declarations and Limitations :30.4(4) Motor Vehicles :30.5 Seasonal Residents Under Heading No :30.5(1) Seasonal Residents Effects :30.5(2) Requirements :30.5(3) Declarations and Limitations :30.5(4) Motor Vehicles and Non-Resident Exemptions :40 The Canada Border Services Agency :50 Primary Canadian Customs Legislation :50.1 Customs Act, R.S.C. 1985, c. 1 (2nd Supp.) :50.2 Customs Tariff, S.C. 1997, c :50.3 Administrative Monetary Penalty System :60 Restricted Goods :60.1 Currency and Monetary Instruments :60.2 Firearms :60.3 Endangered Species :60.4 Food, Animal and Plant Products :60.5 Pets Figure 11-1 Regional Customs Offices A/Provincial (Immigration) Nominee Programs 11A:10 Introduction A-5 11A:20 British Columbia Provincial Nominee Program (BC PNP) A-7 11A:20.1 BC PNP Skills Immigration A-8 11A:20.2 BC PNP Skilled Workers A-9 11A:20.3 BC PNP Health Care Professionals A-9 11A:20.3(1) Registered Nurses and Registered Psychiatric Nurses A-10 11A:20.3(2) Physicians A-10 11A:20.3(3) Midwives A-10 11A:20.4 BC PNP International Graduates A-10 11A:20.4(1) Who Can Apply A-10 11A:20.4(2) Requirements & Important Information A-11 11A:20.4(3) Education A-11 11A:20.4(4) Occupation A-12 11A:20.4(5) Wage A-12 11A:20.4(6) Qualifications A-13 C-18

19 TABLE OF CONTENTS 11A:20.4(7) Offer of Employment A-13 11A:20.4(8) Eligible Employer A-14 11A:20.4(8)(a) Private Sector Employers A-14 11A:20.4(8)(b) Public Sector and Non-Profit Employers A-15 11A:20.4(9) Ability to Become Economically Established in B.C A-15 11A:20.4(10) Income Thresholds A-16 11A:20.4A BC PNP International Post-Graduates A-16 11A:20.4A(1) Who Can Apply A-17 11A:20.4A(2) Requirements & Important Information... 11A-17 11A:20.4A(3) Education A-17 11A:20.4A(3)(a) Eligible Graduate Degree Programs. 11A-17 11A:20.4A(3)(b) Eligible Post Secondary Institution. 11A-18 11A:20.4A(4) Intention to Reside in B.C A-18 11A:20.4A(5) Ability to Become Economically Established in B.C A-18 11A:20.4A(6) Information on Work Permits under this Category A-19 11A:20.5 BC PNP Entry Level and Semi-Skilled Program.. 11A-19 11A:20.6 Basic Requirements A-20 11A:20.7 Eligible Occupations in Tourism/Hospitality A-20 11A:20.8 Eligible Occupations in Trucking A-21 11A:20.9 Specific Employment Requirements for Long Haul Truck Drivers A-21 11A:20.9A Food Processing A-21 11A:20.9A(1) Employment Requirements A-21 11A:20.10 Offer of Employment A-22 11A:20.10(1) Tourism and Hospitality A-22 11A:20.10(2) Food Processing Applications A-22 11A:20.10(3) Long Haul Trucking A-22 11A:20.10(4) Specific Key Points Concerning Job Offer and Employer Assistance A-22 11A:20.10(5) Other Points to Note A-22 11A:20.10(6) Employer s History and Operations A-23 11A:20.10(6)(a) Private Sector Employer A-23 11A:20.10(6)(b) Public Sector and Non-Profit Employers A-23 11A:20.10(6)(c) Wage A-24 11A:20.10(7) Educational Requirements A-24 11A:20.10(8) English Language Proficiency A-24 11A:20.10(9) Economic Benefits to B.C A-25 NORTH AMERICAN RELOCATION LAW C-19

20 NORTH AMERICAN RELOCATION LAW 11A:20.10(10) BC PNP Northeast Pilot Project A-25 11A:20.11 BC PNP Business A-25 11A:20.11(1) Introduction A-25 11A:20.11(2) Basic Business Categories A-26 11A:20.11(2)(a) Business Skills A-26 11A:20.11(2)(b) Regional Business A-27 11A:20.11(2)(c) Strategic Projects A-27 11A:20.12 Eligible Business A-28 11A:20.12A Ineligible Business A-28 11A:20.13 Investment in the Business A-29 11A:20.14 Application Process: Business Skills and Regional Business A-30 11A:20.15 Fast Track Nomination A-30 11A:20.16 Regular Nomination A-31 11A:20.17 Strategic Projects A-31 11A:20.18 Processing Time - Business Categories A-32 11A:20.19 Contact Information A-32 11A:30 Alberta Immigrant Nominee Program (AINP) A-33 11A:30.1 Alberta Skilled Worker AINP A-33 11A:30.1(1) Skilled Worker A-33 11A:30.1(1)(a) NOC Skill Level A-33 11A:30.1(1)(b) NOC Skill Level A A-34 11A:30.1(1)(c) NOC Skill Level B A-34 11A:30.1(2) International Graduates A-35 11A:30.1(3) Semi-Skilled Workers A-36 11A:30.2 General Approval Procedures and Processing Times 11A-37 11A:30.3 Self-Employed Farmer Stream A-38 11A:30.4 Strategic Recruitment Stream A-38 11A:30.4(1) Compulsory and Optional Trades Category. 11A-38 11A:30.4(2) Engineering Occupations Category A-41 11A:30.5 Contact Information A-42 11A:40 Saskatchewan Immigrant Nominee Program (SINP)... 11A-43 11A:40.1 International Skilled Worker A-43 11A:40.2 Health Professions A-45 11A:40.3 Long Haul Truck Drivers A-45 11A:40.4 Student Sub-Category A-46 11A:40.5 Hospitality Sector Project A-47 11A:40.6 Saskatchewan Business SINP A-47 11A:40.6(1) Entrepreneurs A-47 11A:40.6(1)(a) General Criteria A-48 11A:40.6(1)(b) Requirements A-48 11A:40.6(1)(c) Entrepreneur Category Process Before October 1, A-48 11A:40.6(2) Large Scale Investor A-49 C-20

21 TABLE OF CONTENTS 11A:40.6(2)(a) Benefits A-49 11A:40.6(3) Science and Technology Stream A-49 11A:40.6(3)(a) Benefits A-49 11A:40.6(3)(b) Requirements A-49 11A:40.6(3)(c) What you need to know A-49 11A:40.7 Farm Owners/Operators A-49 11A:40.8 Contact Information A-51 11A:50 Manitoba PNP A-52 11A:50.1 Manitoba Skilled Worker PNP A-52 11A:50.2 Manitoba Business PNP A-53 11A:50.2(1) Manitoba PNP for Business A-53 11A:50.2(1)(a) Eligible Business Investments A-54 11A:50.2(1)(b) Investment A-54 11A:50.2(1)(c) Business Activities A-54 11A:50.2(2) Young Farmer Program A-55 11A:50.3 Contact Information A-55 11A:60 Ontario PNP A-55 11A:60.1 Ontario Skilled Worker PNP A-56 11A:60.1(1) General Program A-56 11A:60.1(2) About the Process A-56 11A:60.1(3) Employer Criteria A-56 11A:60.1(4) Position Criteria A-57 11A:60.1(4)(a) Requesting More Than One Position. 11A-57 11A:60.1(5) Foreign Worker Criteria A-57 11A:60.1(6) International Student Category A-57 11A:60.1(6)(a) With Job Offer Stream A-58 11A:60.1(6)(b) PhD Graduate Stream A-58 11A:60.1(6)(c) Pilot Masters Graduate Stream A-59 11A:60.1(7) Investors A-59 11A:60.1(7)(a) Eligibility for Investments A-60 11A:60.1(7)(b) How to Apply A-60 11A:60.1(7)(c) Requesting More Than One Position. 11A-61 11A:60.2 Contact Information A-61 11A:70 Nova Scotia PNP A-62 11A:70.1 Nova Scotia Skilled Worker PNP A-62 11A:70.1(1) Skilled Worker Stream A-62 11A:70.1(1)(a) Skilled and Semi-Skilled Workers A-62 11A:70.1(2) Family Business Worker Stream A-63 11A:70.1(3) Community Identified Stream A-64 11A:70.1(4) Regional Labour Market Demand Stream.. 11A-64 11A:70.1(5) International Graduate A-64 11A:70.2 Contact Information A-65 11A:80 New Brunswick PNP A-65 11A:80.1 New Brunswick Skilled Worker PNP A-65 NORTH AMERICAN RELOCATION LAW C-21

22 NORTH AMERICAN RELOCATION LAW 11A:80.1(1) Skilled Worker with Employer Support A-65 11A:80.1(2) Skilled Worker with Family Support A-66 11A:80.1(2)(a) Applicants Eligibility Criteria A-66 11A:80.1(2)(b) Supporter Eligibility Criteria A-68 11A:80.2 New Brunswick Business PNP A-69 11A:80.3 Contact Information A-70 11A:90 Prince Edward Island (PEI) PNP A-70 11A:90.1 PEI PNP The Labour Impact Category A-71 11A:90.1(1) PEI PNP Skilled Worker Stream A-71 11A:90.1(1)(a) PEI PNP Skilled Worker Stream Criteria A-71 11A:90.1(2) PEI PNP Critical Worker Stream A-72 11A:90.1(2)(a) PEI PNP Critical Worker Stream Background A-72 11A:90.1(2)(b) PEI PNP Critical Worker Stream Criteria A-72 11A:90.2 PEI PNP Business Impact Category A-73 11A:90.2(1) PEI PNP Business Impact Category Background A-73 11A:90.2(2) 100% Ownership Stream A-73 11A:90.2(2)(a) 100% Ownership Stream Background 11A-73 11A:90.2(2)(b) 100% Ownership Stream Criteria A-73 11A:90.2(2)(c) Escrow Agreement A-74 11A:90.2(2)(d) Purchase and Sale Agreement A-74 11A:90.2(2)(e) Priority Sectors A-74 11A:90.2(2)(f) Preference for Increasing or Maintaining Employment A-75 11A:90.2(3) Partial Ownership Stream A-75 11A:90.2(3)(a) Partial Ownership Stream Background 11A-75 11A:90.2(3)(b) Partial Ownership Stream Criteria... 11A-75 11A:90.2(3)(c) Escrow Agreement A-76 11A:90.2(3)(d) Investment Agreement A-76 11A:90.2(3)(e) Priority Sectors A-76 11A:90.2(3)(f) Preference for Increasing or Maintaining Employment A-77 11A:90.2(4) Work Permit Stream A-77 11A:90.2(4)(a) Work Permit Stream Background A-77 11A:90.2(4)(b) Work Permit Stream Criteria A-77 11A:90.2(4)(c) Work Permit A-78 11A:90.2(4)(d) Performance Agreement A-78 11A:90.2(4)(e) Investment Agreement A-78 11A:90.2(4)(f) Purchase and Sale Agreement A-78 11A:90.2(4)(g) Priority Sectors A-78 C-22