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Immigration (Business)

"Tax Issues for Business Immigrants"

"Tax Issues for Business Immigrants" is the title of a paper that Max Weder prepared for the Business Immigration - 2010 conference presented by the Continuing Legal Education Society of British Columbia in October 2010. Mr. Weder is a lawyer at Davis LLP in Vancouver, BC.

The paper addresses the following topics

  • Determination of Residency

    • Deemed Resident
    • Factually Resident
  • Deemed Non-Resident
  • Tax Issues on Immigration to Canada

"Temporary Foreign Worker Program - Information Technology Specialists"

Sector: - Film & TV - High Tech

Jennifer Ervick, a lawyer at Thompson Dorfman Sweatman LLP in Winnipeg, has written a brief entitled, "Temporary Foreign Worker Program - Information Technology Specialists" (June 2010).

The brief highlights the fact that, "On September 30, 2010 the temporary foreign worker program for information technology (IT) specialists will come to an end (except for employers wanting to hire foreign workers for positions in Quebec)".

The brief further notes that there have been seven occupations covered by the program:

  1. Senior Animation Effects Editor
  2. Embedded Systems Software Designer 
  3. MIS Software Designer 
  4. Multimedia Software Developer 
  5. Software Developer Services
  6. Software Products Developer
  7. Telecommunications Software Designer

Federal government announces changes to skilled worker program

The federal government announced changes today to the federal skilled worker program. The changes were set out in a news release ("Government of Canada will welcome more economic immigrants in 2010") from Citizenship and Immigration Canada. The news release states, in part:

Effective immediately, to be eligible to apply as a federal skilled worker, applicants must either have a job offer, or they must have experience in one of 29 in-demand occupations. These occupations were identified through analysis of updated labour market information and consultations with provinces, territories, stakeholders and the public.  read more »

Employer to pay $20,000 in punitive damages for not fully investigating allegations before dismissing for just cause

The employer in Nishina v. Azuma Foods (Canada ) Co. Ltd., 2010 BCSC 502, was ordered to pay $20,000 in punitive damages for dismissing an employee for just cause without properly investigating the allegations of misconduct.  

The case is also of interest in that the court addressed:

  • the contractual force of workplace policy handbooks; and
  • the degree to which different cultural norms - in this case, the importance of an apology in Japanese culture - will impact on the just cause analysis.


The employer was a Japanese company with operations in California and BC. It produced Japanese ready-to-eat frozen food products.

The employee was a Japanese citizen.  At the time of her dismissal, she was 43 years old, had 6 years, four months service and was employed as a quality control associate. She earned approximately $52,000 per year.     read more »

Auditor General's report examines how Canada selects foreign workers under its immigration program

Canada's Auditor General issued its 2009 Fall Report today. Chapter 2 is entitled "Selecting Foreign Workers Under the Immigration Program" and is an audit of HRSDC's and Citizenship and Immigration Canada's (CIC's) practices in this regard. The report, in its entirety, can be read here.

Business Council of BC releases paper that assesses BC's labour force projections to 2030

Jurisdiction: - British Columbia

As part of its Outlook 2020 Project, the Business Council of BC has released a paper entitled "Where Will The Workers Come From? British Columbia Labour Force Projections to 2030". The authors conlude, somewhat surprisingly, as follows:

...the results of our analysis are encouraging in that quite moderate changes in behaviour (particpation rates) and in policy (immigration, temporary work visas, training programs and so on) can materially lift growth in the labour force. This suggests that labour shortages in the coming decade are apt to be far less pervasive than often feared. It is important to recognize, however, that the labour market will tighten irrespective of future changes, and that the macroeconomic projections reported in this paper say little about labour demand/supply conditions in specific industries or regions. With more people retiring, it is reasonable to anticipate greater hiring challenges in some sectors of the economy as well as for certain highly-skilled occupations in fields like health care and advanced technology (pg. ii).

"Loss of Employment and the Effect on Permanent Resident Applications"

A lawyer at Farris, Vaughan, Wills & Murphy LLP presented a paper entitled "Loss of
Employment and the Effect on Permanent Resident Applications
" at a September 16, 2009 CLE conference in Vancouver on immigration law called Working Your Way Into Canada - 2009.

Economic recovery and the looming shortage of workers

The economic meltdown and the surging unemployment rate have muted, for the past several months, discussions about Canada's looming shortage of workers.

But with the "green shoots" of recovery starting to emerge - and the federal government's massive stimulus spending package soon to kick in - it may be time for employers to revisit Canada's workforce projections, and start examining the impact this will have on their future personnel needs.

The projections - set out in a story entitled "Oh Baby" in this month's edition of BC Business magazine - include the following:  read more »

Temporary foreign workers still needed for certain occupations

An article in today's Vancouver Sun reported that despite the downturn in the economy and rising unemployment, some sectors are still looking for temporary foreign workers to fill certain occupations. Two occupations mentioned by name in the article were community care workers in northern BC and Alberta, as well as room attendants.