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Law News
Proposed changes to Canada's immigration law - Canadian Bar Association submission to Parliament
Posted: May 6, 2008 - The Canadian Bar Association' s National Citizenship and Immigration section made submissions to Parliament with regards to the major changes in Canada's immigration law proposed by the federal government with Bill C-50.
Here is the text of the submission:
Federal government is proposing changes to the immigration regulations
Posted: May 1, 2008 - Posted: May 1, 2008 - The federal government is proposing changes to the immigration regulations which will require all applicants under the skilled worker immigrant category (the largest pool of immigrants to Canada), and the applicants under the business class immigrant category, to undergo language tests. The proposed changes will require even persons whose first language is English or French (like immigrants from France, the UK, and the US) to undergo language testing in order to immigrate to Canada. The current regulations allowed a skilled worker applicant to provide evidence other than language test results to prove his/her level of language proficiency.
Here is a link to the government's proposed regulations changes:
Government introduces 3 year open post -graduation work permits for international students
Posted: May 1, 2008 - In a move that will benefit international students studying in Canada, the Department of Citizenship and Immigration introduced changes to the rules for issuing of work permits to international students graduating from Canadian post-secondary institutions. The current rules allowed international students to obtain one or two year post-graduation work permits. However, the work permits were issued only if the students were able to find an employer within 90 days of graduation, in the students' field of study, and for certain types of employment only. In addition, the work permits were restricted to one employer: if the student wanted to change jobs, new work permit application was required, with the resulting uncertainty of outcome and delay for processing.
The new post graduation work permit rules will allow issuing of 3 year post-graduation work permits. The new work permits will be open, which means that there will be no restrictions regarding employer and type of employment, and there would be no requirement for a job offer before the permit is issued.
Below is excerpt from the government news release:
Vancouver, April 21, 2008 — The Honourable Diane Finley, Minister of Citizenship and Immigration, today announced changes to work permits for international students who graduate from eligible programs at certain Canadian post-secondary institutions, making it easier to attract foreign students to Canada.
Effective immediately, and for the first time, these international students would be able to obtain an open work permit under the Post-Graduation Work Permit Program, with no restrictions on the type of employment and no requirement for a job offer. In addition, the duration of the work permit has been extended to three years across the country. Previously, the program only allowed international students to work for one or two years, depending on location.
And a link to the government news release:
Proposed changes to the immigration rules affecting foreign workers
Posted: April 14, 2008 - The Citizenship and Immigration Section of the Canadian Bar Association (CBA) has expressed its concerns regarding the clarity and transparency of the rules affecting the lives of migrants to Canada if proposed government legislation is passed. The changes to the Immigration and Refugee Protection Act proposed in Bill C-17 will give the immigration minister broad discretion to instruct visa officers to refuse work permits.
Here is a link to the CBA submissions to the Parliament's Standing Committee on Citizenship and Immigration on the above issue:
- 08-13-eng (website)
- Or as PDF: 08-13-eng
Government of British Columbia's Website Portal to Attract Immigrants to British Columbia
Posted: April 14, 2008 - The government of British Columbia recently launched a website portal to attract immigrants to British Columbia. The Nova Scotia Government also has a website portal aimed at attracting immigrants.
Here is the British Columbia government's news release announcing the launch of the website portal:
Here is the British Columbia government's website portal:
Here is the Nova Scotia government's website portal:
March 30, 2008 Deadline Under the Nova Scotia Personal Information International Disclosure Protection Act
Posted: March 26, 2008 - March 30th, 2008 is the deadline for filing of the first annual reports of the heads of public bodies who have authorized storage or access to personal information , within the custody or control of that body, from outside of Canada pursuant to the Personal Information International Disclosure Protection Act ("PIIDPA"). PIIDPA is an act that applies to public bodies as defined by the Freedom of Information and Protection of Privacy Act (N.S.) and municipalities as defined by the Municipal Government Act. The Act was proclaimed in force in the fall of 2006 and it is intended to deal with disclosure of or access to personal information from outside of Canada (in particular, it was designed to prevent personal information being disclosed as a matter of course pursuant to the US Patriot Act). PIIDPA can have significant impact on the operations of Nova Scotia public bodies because it applies to business practices like hosting public bodies' websites on servers outside of Canada, having public bodies' service providers (like telephone companies) maintaining databases of personal information outside of Canada, or having public bodies' employees crossing international boundaries with business laptops or Blackberries. The relatively new act may be expected to play an increasingly important role in how public bodies in Nova Scotia conduct their business and how they negotiate contracts with service providers such as telecommunication companies, IT support companies, customer service providers, and other outsourcing contractors.
Here is a link to the Nova Scotia Personal Information International Disclosure Protection Act:
Government introduces changes to the Immigration and Refugee Protection Act
Posted: March 19, 2008 - The federal government is introducing changes to the Immigration and Refugee Protection Act that can have profound effect on Canadian immigration. The government is introducing the changes with the budget bill, which means they are likely to become law. The proposed changes increase the powers of the immigration minister, who, under the proposed regime, can, without consulting Parliament, issue instructions affecting the processing of any immigration application, including the return of the application to any candidate immigrant. Along with that, the proposed legislation may limit the right of immigrant applicants to appeal immigration officials' decisions. The changes contemplate discontinuing the overseas "humanitarian and compassionate considerations" applications. These applications are designed to allow the immigration minister to grant immigration status where not granting the status, despite its conforming with the existing immigration rules, would create harsh and unjust result. Under the proposed changes only persons in Canada would be able to make such applications.
Here is the text of the changes:
And here are some of the news articles considering the proposed changes:
Canada lifts visa requirements for travellers from Poland, Slovakia, Lithuania and Hungary
Posted : March 4, 2008 - The federal government announced on March 1, 2008 the citizens of Hungary, Slovakia, Lithuania and Poland no longer require visitor visas for Canada.
Link to news release:
Re: Canada Experience Class
Posted : March 4, 2008 - The Canadian Bar Association (CBA) made submission to the federal government with regards to the proposed by the government new class of immigrants. The class is expected to allow persons who are in Canada and who may not qualify as permanent residents under the existing immigration programs to obtain permanent residence status.
Here is a link to CBA's submission:
Special Advocates
Posted : March 4, 2008 - February 22, 2008 The federal government named 13 special advocates, as part of the government’s legislation to amend the security certificate process under the Immigration and Refugee Protection Act. The existing process which allowed the government to indefinitely detain foreign citizens considered security threat was struck by the Supreme Court of Canada.
The list of special advocates is as follows:
- Ronald G. Atkey
- Nancy Brooks
- Gordon Cameron
- Paul D. Copeland
- Paul J. J. Cavalluzzo
- François Dadour
- James R. K. Duggan
- Brian Gover
- Anil K. Kapoor
- Barbara McIsaac
- John Norris
- Lorne Waldman
- Ivan G. Whitehall
Proposed new Entrepreneur Stream of the Nova Scotia immigration Provincial Nominee Program
Posted : February 25, 2008 - The Nova Scotia Office of Immigration has begun the consultation process in relation to the Proposed new Entrepreneur Stream of the Nova Scotia immigration Provincial Nominee Program. The new Entrepreneur Stream will replace the discontinued Entrepreneur Stream which gathered media attention recently.
The discussion paper relating to the proposed Entrepreneur Stream can be found at:
Alberta Minor Injury Regulations
Posted : February 13, 2008 - On February 8, 2008 Alberta Associate Chief Justice Wittman handed down his decision in the trial challenging the Alberta Minor Injury Regulations. Justice Wittman found that the $4,000 cap on minor injury awards is discriminatory and therefore contrary to the Canadian Charter of Rights and Freedoms. Similar legislation exists in Nova Scotia and "caps" the award in "minor injury" (a term defined in the legislation) cases at $2,500.
The link to Associate Chief Justice Wittman's judgment is viewable below:
Temporary Foreign Worker Services
Posted : February 13, 2008 - The Federal Government expanded temporary foreign worker services to help employers meet labour market needs in Ontario and Atlantic Canada
The Government is establishing temporary worker units in Toronto and Moncton to serve as main points of contact for companies wishing to hire foreign workers in the two regions. These temporary worker units are in addition to the three temporary worker units already established in Vancouver, Calgary and Montreal.
Link to The Citizenship and Immigration Canada Press Release :
Labour Market Opinions (LMOs) Changes
Posted : February 13, 2008 - The federal department of Human Resources and Skills Development announced changes to the processing of Labour Market Opinions (LMOs) needed in many cases before a Canadian employer hires workers from other countries. The changes will affect the processing of LMOs for Doctors or Specialists, Registered Nurses and Skilled Workers, the LMOs pursuant to the Expedited Labour Market Opinion Pilot Project and LMO applications for live-in caregivers. The changes are aimed at faster processing of LMOs needed by Canadian employers filling labour shortages.
The link to the webpage of the department of Human Resources and Skills Development announcing the changes:
Safe Third Country Agreement between Canada and the U.S.
Posted : February 13, 2008 - The Federal Court of Appeal granted a stay of the order of the Federal Court suspending the controversial Safe Third Country Agreement between Canada and the U.S. The Agreement has prevented a number of potential refugees from making refugee claims in Canada.
Link to the Federal Court of Appeal decision:
Skilled Worker
Posted : January 31, 2008 - January 16, 2008 In a decision issued January 16, 2008 the Federal Court has ruled that an applicant for permanent residence in the Skilled Worker category cannot claim "adaptability" and "arranged employment" points for work in Canada that was not performed pursuant to work permit. The court stated that despite the fact that the applicant in the case, Mr. Singh, who intended to work as a priest and had a permanent job offer as a priest could not claim points for "adaptability" and "arranged employment" despite an e-mail to the contrary sent by the federal department of Citizenship and Immigration to an applicant in a situation similar to Mr. Singh's.
Mr. Singh produced (in the court's words):
"an e-mail sent from the Ministerial Enquiries Division of the respondent [Citizenship and Immigration Canada - editor's addition] to another applicant. This e-mail advised that priests were exempt from the requirement to have their job offer validated by the Department of Human Resources and Skills Development Canada (now Human Resources and Social Development Canada "HRSDC") for the purposes of obtaining points under the "adaptability" and "arranged employment" factors in a permanent resident application"
Link to the full text of the decision:
Land Titles Registrar General (Directive 2008-01)
Posted : January 18, 2008 - January 2008 The new directive issued by the Land Titles Registrar General (Directive 2008-01) acknowledged Garth Gordon Q.C.'s paper's contribution to clarifying the issues regarding the vesting or real property on bankruptcy or receivership under the Nova Scotia Land Titles legislation.
Link to Garth Gordon Q.C.'s paper can be found at:
Link to this and other Land Registration Resource Materials can be found at:
Articles/Papers And Presentations By Our Legal Team
NSBS - ANLS Survey Report
March 6, 2008 - One of TMC Law's senior partners, Garth C. Gordon, Q.C.'s expertise in the field of property law was recently recognized by the President of the Nova Scotia Barristers' Society. The President Catherine Walker, Q.C. thanked Garth for his leadership role in the work of the Working Group consisting of both lawyers and surveyors on issues of mutual concern to the surveying and legal profession.
Communication from the President on NSBS-ANSLS Survey Report:
Dear Member,
You will recall that in September 2007, you received a draft discussion paper prepared by a Working Group consisting of both lawyers and surveyors on issues of mutual concern to the surveying and legal profession. The comments received on that paper were reviewed, and I am now pleased to provide to you, results. Now finalized, this report will form the basis for a joint educational session for lawyers and surveyors this spring.
I would like to extend my thanks to all members of this working group, but in particular a special thanks to Garth C. Gordon, Q.C., for his leadership role in this initiative. His continued support and commitment to issues of importance to the property bar is commendable. Thanks as well to Carl Hartlen and Derik DeWolfe for their particular attention to the details in the report and the survey implications.
I urge members to read the final report (PDF) and to watch for upcoming notices of the education session planned around this important work.
Catherine Walker, Q.C. President
From Inforum:
The Involuntary Psychiatric Treatment Act
Nov 7, 2007 - LeRoy M. Lenethen of our Litigation Department recently prepared an article for the Schizophrenia Society on The Involuntary Psychiatric Treatment Act. This new legislation took effect in Nova Scotia on Juy 3, 2007. The general purpose of the Act is to ensure that those who are unable to make treatment decisions, due to severe mental health illness, receive appriopriate treatment. The link below is a copy of the article.
Tax Developments in Fishing and Farming I
Chris Thomson of our Corporate Department recently presented at the Canadian Tax Foundation's 2007 Atlantic Provinces Tax Conference in Halifax. He focused on tax developments in the fishing and farming industries with emphasis on the policy program and other legislative changes effecting these industries from a tax perspective. The link below is a copy of his paper on this subject.
A New Addition to TMC LAW's Legal Team
TMC LAW is happy to announce that Jeff Silver has joined the Firm as an Associate effective October 29, 2007.
Having worked as a summer student with TMC LAW in 1994-97, Jeff returns to the Firm after articling and a brief term of practice with Boyne Clarke's personal injury section and after working as an associate with Muttart Tufts Dewolfe & Coyle for approximately the last four years. Entering law as a mature student, Jeff's background includes acting as both an in-house and independent insurance adjuster. He has attended the week long CBA Tax Law conference at Niagara-on-the-Lake and is presently enrolled in year one of the In-Depth Tax Course offered by the Canadian Institute of Chartered Accountants. Jeff is the Director of International Service and Board of Directors member for the Rotary Club of New Minas Sunrise, and is also a member of the Board and vice-chair of the Kings County Branch, Canadian Mental Health Association.
Jeff will be practising with an emphasis on Corporate & Commercial Law along with other related practice areas. He is looking forward to meeting and/or continuing to work with each of you.