doing business in canada - Davies Ward Phillips & Vineberg LLP

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To be admitted under the family class, an applicant must be sponsored by a close family member who is aCanadian citizen or a permanent resident. Members of the family class include a spouse, a common law partner,a conjugal partner, a dependant child, a parent, a grandparent, or, in some cases, another close relative.Within the economic classes, persons in the "skilled workers" category are assessed based on a point systeminvolving a series of criteria including employment experience, education, proficiency in the official languages ofCanada, age, the existence of an arranged employment offer and adaptability.Certain of the economic classes, called "self-employed immigrants", "entrepreneurs" or "investors", can takeadvantage of the Business Immigration Program.THE BUSINESS IMMIGRATION PROGRAMThe Business Immigration Program is a special program designed to facilitate immigration for qualified businesspersons who intend to invest capital in Canadian business ventures. It applies to three categories of immigrants:"self-employed persons", "entrepreneurs" and "investors".In general, the Business Immigration Program gives people who want to engage in business in Canada priority inthe processing of their applications. Business immigrants may be conditionally or unconditionally admitted intoCanada, depending on the circumstances.The "self-employed persons class" are those with relevant experience who have the intention and ability tobecome economically established in Canada and who have previous experience as self employed persons incultural activities or athletics, who have participated at a world-class level in cultural activities or athletics, orwho have experience in farm management."Entrepreneurs" are people with the intention and ability to purchase, establish, or make an investment in abusiness or commercial venture in Canada, and who plan to take an active role in its management. Theentrepreneur must demonstrate a minimum net worth of $300,000. The Canadian business must contribute tothe Canadian economy and create jobs for Canadians. The entrepreneur is assessed on his or her track record,experience in a specific sector and on his or her financial capacity to undertake a significant enterprise. Theentrepreneur must demonstrate management experience and control of a percentage of equity in a "qualifyingbusiness". In order to qualify, the applicant's current business must meet certain standards regarding numberof full-time jobs, total annual sales, net income and net assets. After the entrepreneur arrives in Canada, his orher status as a permanent resident is conditional upon the establishment of a "qualifying Canadian business".Within three years of becoming a permanent resident, the entrepreneur must demonstrate that his or herCanadian business meets certain standards in respect of employment of Canadians, total annual sales, netincome and net assets. This class is intended for people who operate small to medium size businesses in themanufacturing or retail sectors."Investors" are people with a proven business record, who have accumulated some wealth and who are preparedto make an investment in Canada, but who do not wish to actively participate in its management. An investor isrequired to have a net worth of at least $800,000 and to invest a minimum of $400,000 for at least five years.An investor's business experience must include the management of a "qualifying business" and the control of apercentage of equity in that business. As is the case with entrepreneur applicants, in order to qualify, theinvestor applicant's business must satisfy certain standards regarding number of full-time jobs, total annualsales, net income and net assets.QUÉBECIf an immigrant's destination is Québec, a permanent resident visa will be issued if federal officials are satisfiedthat the immigrant meets the Canadian health and security criteria and a Québec officer has determined that, ifthe applicant is an economic immigrant, he or she meets the Québec selection criteria, or, if the applicant is an70 Temporary Entry and Permanent Residence
immigrant in another class, he or she meets the Canadian selection criteria or the joint Québec and Canadianselection criteria.PROVINCIAL NOMINEE PROGRAMSThe Government of Canada has entered into provincial nominee agreements with Newfoundland and Labrador,Nova Scotia, New Brunswick, Prince Edward Island, Ontario, Manitoba, British Columbia, Alberta, Saskatchewanand the Yukon. Such agreements allow the provinces to select immigrants to fulfill specific economic needs, orcreate and expand employment and business opportunities. The federal government retains the responsibilityfor issuing immigrant visas to provincial nominees and their accompanying dependants after they have met allfederal legislative requirements, including those related to health, absence of a criminal record and security.Provincial nominee programs are primarily directed at selecting skilled workers whose qualifications areparticularly suited to the needs of a particular provincial economy, although some provinces are also interestedin nominated business applicants as well. Applications are made initially to provincial authorities. Each provincehas its own selection criteria, but in most instances a pre-arranged job offer will be essential. A majoradvantage of such programs is that they may offer successful applicants expedited visa processing.SKILLED WORKERSThrough two recent initiatives, Canada has signalled that its immigration programmes should reflect thiscountry's interest in attracting individuals with professional, managerial and technical expertise to becomepermanent residents. Persons who have worked or studied in Canada in prescribed circumstances arerecognized as desirable immigrants who have shown the ability to adapt to Canadian economic realities. ACanadian Experience Class has been established in order to enable certain temporary foreign workers withexperience in Canada, as well as foreign students who have graduated from eligible Canadian institutions ofhigher learning and have a prescribed level of Canadian work experience, to apply for permanent residence. Theprogramme offers a streamlined procedure for qualified applicants whose Canadian experience has been madethe critical factor among the selection criteria. In addition, measures have been announced to expeditepermanent resident applications in the existing backlog that are from skilled workers who are in demand inCanada.Canadian Experience ClassApplicants for the Canadian Experience Class must be destined for a province other than Québec and must beeither a temporary foreign worker with at least two years of full-time skilled work experience in Canada, or aforeign graduate from a Canadian post-secondary institution with at least one year of skilled work experience inCanada. Skilled work experience contemplates occupations which are classified as managerial, professional, ortechnical, as well as the skilled trades.A temporary foreign worker will be assessed on only two selection criteria: work experience and ability inEnglish or French. A foreign graduate of a Canadian post-secondary institution will also be assessed on thebasis of his or her education.Federal Skilled Worker ProgrammeAs well, Canada has taken a significant initiative to render its immigration programme more responsive to thelabour market. Pursuant to the Action Plan for Faster Immigration, the Minister of Citizenship, Immigration andMulticulturalism announced on November 28, 2008 instructions to Canadian visa officers charged withassessing federal skilled worker applications. Officers are mandated to select from the backlog of permanentresident applications those candidates who fall within certain criteria and to reach final decisions on theseapplications. The criteria include those who fall within what have been identified as 38 high-demandoccupations in fields such as heath, skilled trades, finance and resource extraction, those who have an offer ofarranged employment, or those who have already been living legally in Canada for one year as a temporaryforeign worker or international student.Temporary Entry and Permanent Residence 71
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DOING BUSINESSIN CANADAYOUR COMPLET
Page 3 and 4:
ONTENTSTABLE OF CONTENTSINTRODUCTIO
Page 5 and 6:
IntroductionPOLITICAL AND CONSTITUT
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5RealEstateIndustrial and Intellect
Page 9 and 10:
accordance with directions from the
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TITLE INSURANCE, TITLE OPINIONS AND
Page 13 and 14:
11EnvironmentalLawIndustrial and In
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commercial activities, or carrying
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The federal government currently re
Page 19 and 20: 17Types ofBusiness OrganizationIndu
Page 21 and 22: provincial law cannot do so as of r
Page 23 and 24: partnership, limited partners’ li
Page 25 and 26: parties. In Québec, joint venturer
Page 27 and 28: 25Financing aBusiness OperationIndu
Page 29 and 30: The Civil Code of Québec provides
Page 31 and 32: 29CorporateGovernanceIndustrial and
Page 33 and 34: Instrument 58-101. The practices re
Page 35 and 36: 33CompetitionLawIndustrial and Inte
Page 37 and 38: BID-RIGGINGBid rigging is any agree
Page 39 and 40: anticompetitive agreements among co
Page 41 and 42: 39ForeignInvestmentIndustrial and I
Page 43 and 44: apply for Canadian citizenship. (Pe
Page 45 and 46: (D)GENERAL REVIEW THRESHOLDSThe fol
Page 47 and 48: there be an "acquisition of control
Page 49 and 50: Industrial and Intellectual Propert
Page 51 and 52: to perform or cause them to be perf
Page 53 and 54: Registration grants an exclusive ri
Page 55 and 56: PIPEDA applies in all provinces of
Page 57 and 58: Employment LawCanadian employment l
Page 59 and 60: displacement, laying-off, suspensio
Page 61 and 62: easonable cause to believe that the
Page 63 and 64: 63Retirement Plans, EmployeeBenefit
Page 65 and 66: • funding;• eligibility;• pen
Page 67 and 68: 67Temporary Entry andPermanent Resi
Page 69: INTERNATIONAL AGREEMENTSIn recent y
Page 73 and 74: 73Bankruptcy andInsolvency Proceedi
Page 75 and 76: BANKRUPTCYBankruptcy results in the
Page 77 and 78: INTERNATIONAL BANKRUPTCYASSETS LOCA
Page 79 and 80: Tax ConsiderationsThis chapter prov
Page 81 and 82: TAX REPORTINGAnnual Tax ReturnsCana
Page 83 and 84: Québec has legislation that limits
Page 85 and 86: Amendments, SIFTs and their unithol
Page 87 and 88: Conversely, where a Canadian reside
Page 89 and 90: A person, whether resident in Canad
Page 91 and 92: APPENDIX I: CANADA’S IN FORCE TAX
Page 93: TORONTODAVIES WARD PHILLIPS & VINEB
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