In a previous blog post I wrote about how Immigration, Refugees and Citizenship Canada (“IRCC”) was increasingly focusing on genuineness.
On September 27, 2021 IRCC updated its webpage to reform the open spousal work permit program.Read more ›
On September 20, 2021 Canada had its 44th Parliamentary election. The results leave the composition of Canada’s House of Commons essentially unchanged from before. As of September 21, 2021, the Liberal Party of Canada, led by Prime Minister Justin Trudeau, has again won a Minority Government with 32% of the vote and 158 seats, 12 short of the required 170 needed for a majority. This means that the Liberals do not have enough seats in the House of Commons to unilaterally pass legislation and must collaborate with the other parties. The Conservative Party of Canada won 34% of the vote and 119 seats. The Bloc Québécois won 8% of the vote and 34 seats. The New Democratic Party won 18% of the vote and 25 seats. The Green Party of Canada won 2% of the vote and 2 seats.
The Liberals can pass immigration legislation as long as they have the support of either the Conservatives, the Bloc or the NDP. They do not have to commit to one party, and can pick and choose which party they get support from depending on the specific change they are proposing. It is accordingly worth understanding these parties’ immigration campaigns.
The Liberal Party of Canada
The Liberals said that if re-elected they would abolish citizenship application processing fees, which are currently $630.00 per adult and $100.00 per child. They also committed to reducing processing times that have been impacted by COVID-19 and creating a visitor visa program for the spouses of Canadians who wish to visit their partners while their spousal sponsorship applications are in process.
The Liberals also plan on establishing a trusted employer system to streamline foreign worker applications, expand the Global Talent Stream and maintain its two-week processing standard. The will Francophone immigration outside of Quebec and create pathways to permanent residence for foreign workers and international students through Express Entry.Read more ›
On February 17, 2016, Immigration, Refugees and Citizenship Canada (“IRCC”) introduced a Labour Market Impact Assessment (“LMIA”) exemption for foreign nationals in the television and film industry whose position or occupation is essential to a TV or film production. On September 13, 2021 IRCC narrowed the LMIA exemption.
The exemption previously read:
(exemption code C14) – Canada.ca”]
The current requirements are that the work that a foreign national is performing must be:
- essential to a live-action TV or film project in the production stage (filming): Essential positions are those where the physical presence of foreign workers on location in Canada is required to generate the expected benefit;
- be high wage: Evidence of high-wage work is meant to establish that Canada will reap a significant economic benefit (for example, tax revenue) from hiring a foreign national and to protect the Canadian labour market from wage suppression;
- unionized: Proof of unionized work demonstrates that the employment of the foreign national is critical to the production occurring in Canada while protecting the direct employment of Canadians.
Occupations that may meet these criteria include, but are not limited to, actors and actresses, directors, stunt persons, lighting specialists and choreographers.
Consideration under this exemption is to be given for the production (filming) stage of live-action television and film projects in Canada, regardless of whether
- the production is foreign or Canadian;
- it is filmed entirely or in part in Canada.
IRCC has also clarified that the following situations would not qualify:
- Pre- or post-production work, for example, storyboarding, visual effects, sound editing or film editing. This work is not considered essential to the on location production stage (filming),
A discussion of the 2021 immigration platforms of the Liberals, Conservatives, New Democrats, Greens, Bloc Quebecois and the People’s Party of Canada.
Chantal Desloges is the Founder and Senior Partner of Desloges Law Group.
<iframe width=”100%” height=”20″ scrolling=”no” frameborder=”no” allow=”autoplay” src=”https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/1121909068&color=%23ff5500&inverse=false&auto_play=false&show_user=true”></iframe><div style=”font-size: 10px; color: #cccccc;line-break: anywhere;word-break: normal;overflow: hidden;white-space: nowrap;text-overflow: ellipsis; font-family: Interstate,Lucida Grande,Lucida Sans Unicode,Lucida Sans,Garuda,Verdana,Tahoma,sans-serif;font-weight: 100;”><a href=”https://soundcloud.com/borderlinespodcast” title=”Borderlines” target=”_blank” style=”color: #cccccc; text-decoration: none;”>Borderlines</a> · <a href=”https://soundcloud.com/borderlinespodcast/60-where-canadas-political-parties-stand-on-immigration-in-2021-with-chantal-desloges” title=”#60 – Where Canada's Political Parties Stand on Immigration in 2021, with Chantal Desloges” target=”_blank” style=”color: #cccccc; text-decoration: none;”>#60 – Where Canada's Political Parties Stand on Immigration in 2021, with Chantal Desloges</a></div>
Heading – The Election and Canadian Immigration
On September 20, 2021 Canada will have its 44th Parliamentary election. There are six main political parties running. The first is the Liberal Party of Canada, led by Prime Minister Justin Trudeau. The Liberals are generally regarded as a centrist party and have governed since October 2015. The second is the Conservative Party of Canada, led by Erin O’Toole. The Conservatives are a centre-right party that previously governed Canada from 2006-2015 under Stephen Harper. The third is the New Democratic Party, a left-wing led by Jagmeet Singh. The fourth is the Green Party of Canada, led by Annamie Paul, a party that is typically known for its environmental platform. The fifth is the Bloc Québécois, led by Yves Francois Blanchet. The Bloc is a Quebec nationalist party that only runs candidates in Quebec. Finally, there is the People’s Party of Canada, a right-wing party led by Maxime Bernier.
As of writing, polls suggest that Canada is likely heading to a minority government. This means that none of the political parties above will win enough seats to govern without the support of another party.Read more ›
In this post are various Memorandums to the Minister.Read more ›
The following chart is a helpful summary of the exemptions to disclosure under the Access to Information Act.Read more ›
Sections 87(1) and (2) of the Immigration and Refugee Protection Regulations provide that:
87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.
Member of the class
(2) A foreign national is a member of the provincial nominee class if
(a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and
(b) they intend to reside in the province that has nominated them.
In Dhaliwal v. Canada (Citizenship and Immigration), 2016 FC 131, Justice Diner wrote:
The assessment of intention, since it is a highly subjective notion, may take into account all indicia, including past conduct, present circumstances, and future plans, as best as can be ascertained from the available evidence and context. In this case, the Applicant clearly expressed her intention to permanently reside in Brampton, Ontario, as well as her intention to finish her PhD in Quebec, which required continued temporary residence in Quebec. These intentions are not contradictory; rather, they are complementary to one another. As summarized above, she also provided statutory declarations from herself, her parents, and her sister setting out the reasons why she intended to move to Ontario, all in cogent terms, which further buttressed her stated intention to live outside of Quebec.
In Tran v. Canada (Citizenship and Immigration), 2021 FC 721 Justice Ahmed determined that Federal Court of Canada jurisprudence indicates that if a foreign national is nominated by a province under a provincial nomination program that foreign national is presumed to be able to become economically established in Canada.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
- Business and Entrepreneur Immigrantion
- Citizenship Applications and Revocations
- Family Class (Spousal Sponsorships, Parents & Grandparents)
- Humanitarian and Compassionate
- Immigration and Refugee Board
- Immigration Consultants
- Immigration Trends
- Judicial Reviews
- Labour Market Impact Assessments
- Maintaining Permanent Residency
- Provincial Nominee Programs
- Skilled Immigration (Express Entry, CEC, FSWC, Etc.)
- Study Permits
- Tax and Trusts
- Temporary Resident Visas
- Work Permits