On June 21, 2018 Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts (“Bill C-46”) received Royal Assent. Bill C-46 is the companion legislation to Bill C-45, The Cannabis Act, which essentially legalized the possession of regulated marijuana for personal use in Canada. Bill C-46 reforms the transportation related offences in Canada’s Criminal Code including drinking and driving, dangerous driving, fleeing the scene of an accident, refusing to give a breathalyzer, fleeing the police and operating a vehicle while prohibited from doing so. Bill C-46 repeals all existing Criminal Code provisions regarding these offences and replaces them with offences that have slightly different wording and new maximum sentences. The changes in Bill C-46 will come into force 180 days after Royal Assent, which is December 21, 2018. On that day, as a result of the changes, many individuals who could previously travel to or stay in Canada will become inadmissible for serious criminality. People who could previously enter Canada will now instead be denied entry. Permanent residents who commit any of the above actions could be deported. While the Liberal government has indicated that it is aware that these harsh consequences … Read More
Summary of June 26 Changes to BC PNP Guide
On June 26, 2018 the British Columbia Provincial Nomination Program (the “BC PNP”) clarified and/or modified several aspects of its programs. Skilled Immigration The more significant revisions that applicants and practitioners should be aware of are: Previously, applicants to the BC PNP – Skilled Worker programs, and their spouses, could not have a combined ownership / equity stake of more than 10% in the British Columbia company that was offering them employment. Now, they cannot have held more than 10% ownership in the five pear period preceding the application and throughout the BC PNP application process. Applicants to the BC PNP Tech Pilot must now qualify under 1 out of 29 eligible occupations. The job offer must be at least one year in duration, and there must be at least 120 calendar days remaining on the job offer at the time of the application. The BC PNP previously would not nominate individuals if they were not lawfully admitted in their country of current residence. This requirement has been removed. Post nomination the BC PNP no longer wishes for employers to notify them of any promotions, and instead wants to be notified of demotions. The BC PNP has changed the wording … Read More
Law Cans Episode 5 – West Fraser Mills Ltd. v. British Columbia (Standard of Review) with Robert Danay
West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal)is a 2018 Supreme Court of Canada decision in which the Supreme Court had to determine whether it should overturn the WCAT’s decision to expand the duty of employers to ensure that their operations are planned and conducted in accordance with safe work practices to owners. The case provides a useful context to explore the topic of “standard of review,” which is extremely divisive in Canadian jurisprudence. Robert Danay is a lawyer with Canada’s Department of Justice who has a passion for this topic, and has researched every Supreme Court of Canada decision on the issue going back twenty years. He can be found on Twitter at @RobertDanay. 3:10 – An overview of the facts. 6:00 – What got Robert Denay into administrative law and an interest in the “standard of review.” 10:00 – What is an administrative tribunal? 11:30 – What is judicial review? 12:10 – What is standard of review? 16:50 – In the reasonableness standard, who determines what is reasonable? 18:10 – What is the trend in standard of review jurisprudence in terms of the amount of deference that should be shown to administrative tribunals? 22:30 – … Read More
Changes to Canada’s Excessive Demand Policy
On June 1, 2018 Canada’s Minister of Immigration, Refugees and Citizenship Canada implemented a Temporary Public Policy Regarding Excessive Demand on Health and Social Services (the “Public Policy”). Canada’s Immigration and Refugee Protection Act states that a foreign national is inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause excessive demand on health or social services. The Law Health services are defined as any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care. Social services means any social service, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services (a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally and (b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies. Finally, excessive demand means a demand on health services or social services for which the anticipated … Read More
Promotions Can Impact a Temporary Worker’s Immigration Prospects
A Canadian business is employing a foreign worker. They want to promote them or give them a raise. What could be wrong with that? Quite a few things, as it turns out. There are certain immigration requirements that all employers and foreign worker employees should know before a promotion or raise. Employer compliance in temporary worker program For the employer, the risk of a promotion or raise is that it could run them afoul of the Temporary Foreign Worker Program and/or the International Mobility Program. Unless the foreign worker is on an open work permit that contains no restrictions of employment, all employers need to abide by the information that they provided to Immigration, Refugees and Citizenship Canada (IRCC) as part of the work permit process. In cases where an employer has promoted the foreign worker or otherwise changed their duties, the foreign worker must receive a new work permit before the change is implemented. While the IRCC website specifically cites the examples of a manager being promoted to a director and a technician being promoted to an engineer, all promotions require a new work permit if the promotion results in the employee’s National Occupational Classification code changing. Whether a … Read More
Borderlines Podcast Episode 21 – What a Thirty Year Career as an Immigration Lawyer was Like, with Darryl Larson
Darryl Larson practiced immigration law in Vancouver, British Columbia for almost thirty years. He was a former Chair of the Canadian Bar Association of British Columbia’s Immigration Section, counsel to both individuals and corporations, at one point represented China’s most wanted fugitive, and successfully implemented a succession plan when he retired in 2018. In this episode Peter, Steven, Deanna and Darryl discuss Darryl’s career as an immigration lawyer in a candid discussion about what practicing immigration law is like. 00:51 – Why did Darryl get into immigration law? (Darryl’s answer really becomes a tale of his move from Edmonton to Vancouver). 8:20 – Who were Darryl’s initial clients? How did Darryl get his initial clients? 11:15 – What was practicing immigration law like in the 1990s compared to what it’s like now? Was the introduction of the IRPA really that big a game changer? 18:15 – What steps did Darryl take to become an expert in the area of immigration? 20:00 – How did Darryl go from practicing mainly immigration enforcement to developing a corporate immigration practice? 22:30 – What were some of Darryl’s most memorable cases? 37:45 – How did some of those cases change Darryl’s perspective on being … Read More
ESDC’s Mail Audits
One of the most perplexing aspects about the Ministry of Employment and Social Development Canada (“ESDC“) is its insistent that all Employer Compliance Reviews be done by mail. Apparently, as confirmed in this reproduction of internal ESDC correspondence obtained through an Access to Information Act request, it is because the potential for electronic transmission of information to be intercepted by wireless devices is too great. I’m sure most employers would be willing to take this risk (which is probably less than the risk of something getting lost in the mail) if it meant that the Employer Compliance Reviews took days instead of (often) months.
Law Cans Episode 4 – Rankin v. JJ (The Duty of Care) with Saro Turner
How Refugee Resettlement to Canada is Funded
A common complaint about refugee resettlement is the cost. However, refugees resettled to Canada must pay for their medical exam and their travel to Canada. Canada’s Immigrant Loans Program ensures that refugees who are unable to pay for their resettlement have access to a funding source. Canadian immigration legislation provides that the most that can be loaned is $126,000,000. Historically, the Government of Canada has issued $13,000,000 in loans annually. Approximately 93% of loaned funds are repaid. Since 2002, the average loan has been approximately $3,000, with roughly 20% of loans issued for more than $5,000. The current policy is to cap the maximum loan amount to $10,000 per family. 2018 Changes Prior to 2018, the loan repayment schedule was as follows: Balance at Start of Repayment Period (Which Is 30 Days After Arrival in Canada) Period the Loan Must be Repaid in Full (Months) Start of Interest Accrual Up to $1,200 12 13th month $1,201 to $2,400 24 25th month $2,401 to $3,600 36 37th month $3,601 to $4,800 48 37th month Over $4,800 72 37th month In 2018, the Government of Canada amended the above to: eliminate interest charges on all new immigration loans; eliminate further interest … Read More
Canada’s Visa Office in Warsaw
Canada’s visa office in Warsaw processes permanent residence applications from Armenia, Belarus, Estonia, Kazakhstan, Kyrgyz Republic, Latvia, Lithuania, Poland, Russia, Tajikistan and Uzbekistan. It processes temporary residence applications from Belarus, Estonia, Latvia, Lithuania, Poland. Temporary Residency Processing From 2014 – 2016, the Warsaw visa office’s approval rates for temporary residence applications were as follows: Year Category Applications Received Approval Time 2016 Visitor 1625 63 Student 153 41 Worker 161 62 eTA 9 N/A 2015 Visitor 1693 66 Student 187 37 Worker 983 81 eTA 2014 Visitor 2515 69 Student 340 43 Worker 1225 82 The above statistics do not include the electronic applications from nationals of countries where IRCC-Warsaw has file processing agreements with local offices. Full Report A full copy of a report that IRCC’s Warsaw office sent can be found below. It was obtained through an Access to Information Act request.