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647.812.8462

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  • ABOUT
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  • LEGAL FEES
  • BLOG
  • CONTACT
logologo

647.812.8462

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
    • WILLS & ESTATES
    • IMMIGRATION
    • FAMILY LAW
    • BUSINESS
    • NOTARY SERVICES
  • LEGAL FEES
  • BLOG
  • CONTACT
logologo

647.812.8462

  • ABOUT
  • WHAT WE DO
    • REAL ESTATE
    • WILLS & ESTATES
    • IMMIGRATION
    • FAMILY LAW
    • BUSINESS
    • NOTARY SERVICES
  • LEGAL FEES
  • BLOG
  • CONTACT

Comprehensive Economic Trade Agreement (CETA) came into force on September 21, 2017. CETA, like NAFTA is a Trade Agreement, part of which allows for certain category of European citizens of member states to work in Canada without the need for Labour Market Impact Assessment.

CETA allows for the entry to Canada of 3 broad categories:

  • Key personnel: including intra-company transferees, investors, and business visitors
  • Contractual service suppliers and independent professionals; and
  • Short-term business visitors.

INTRA-COMPANY TRANSFEREES (ICT)

Intra-company transferees must:

  • have been employed by an enterprise of, or have been partners in an enterprise of, an EU member state for at least one year; and
  • be temporarily transferred to an enterprise (that may be a subsidiary, branch, or head company of the enterprise) in Canada.

CETA allows for ICTs in the following categories:

  • Senior Personnel Specialists; and
  • Graduate trainees.
Graduate Trainees

In order to qualify under CETA, Graduate trainees must be:

  • temporarily transferred to a Canadian company for career development purposes or to obtain training in business techniques or methods and
  • must possess a university degree.

Graduate trainees are eligible for CETA ICT work permits with a maximum duration of 1 year with no possibility of an extension.

Senior personnel and specialists

In order to qualify under CETA, Specialized Knowledge workers must possess either “uncommon knowledge of the enterprise’s products or services and its application in international markets” or “an advanced level of expertise or knowledge of the enterprise’s processes and procedures such as its production, research equipment, techniques, or management.”

Under CETA, senior personnel are parallel to the “executive capacity” position under the regular Intra-Company Transfer program. Specialists are parallel to workers with “specialized knowledge.”

Senior Personnel and Specialists under CETA are eligible for work permits for the lesser of 3 year or the length of the contract.

CETA allows for work permit extensions of up to 18 months at the officer’s discretion.

Under the general ICT provisions Specialized Knowledge workers must be paid at a minimum the prevailing wage for the position. It appears that Specialized knowledge workers under CETA do not have to be paid the prevailing wage to qualify. However, wage is an important indicator of specialized knowledge.

Spouses of high skilled workers are eligible for open work permits.

INVESTORS

The investor provisions of CETA apply to applicants who:

  • will establish, develop, or administer the operation of an investment in a capacity that is supervisory or executive;
  • are the investor; and
  • are employed by an enterprise that has committed or is in the process of committing a substantial amount of capital.

BUSINESS VISITORS

Under CETA, there are two categories of business visitors: short-term business visitors and business visitors for investment purposes.

All CETA business visitors may seek entry to Canada for a number of regular visits related to a specific project. These visits may take place over a period of weeks or months.

SHORT-TERM BUSINESS VISITORS

The eligible activities for business visitors are different in CETA than under NAFTA. It includes categories for meetings and consultations, as well as training seminars.

  • Meetings and consultations
  • Research and design
  • Marketing research
  • Training seminars
  • Trade fairs and exhibitions
  • Sales
  • Purchasing
  • After-sales or after-lease service
  • Commercial transactions
  • Tourism personnel
  • Translation and interpretation

The activities listed below apply to short-term business visitors from an EU member state entering

BUSINESS VISITORS FOR INVESTMENT PURPOSES

A business visitor for investment purposes is an employee in a managerial or specialist position who is responsible for setting up an enterprise but who does not engage in direct transactions with the general public and will not receive direct or indirect remuneration from a Canadian source. Canada.

 

CONTRACTUAL SERVICE SUPPLIERS & INDEPENDENT PROFESSIONALS

CETA, like NATFA and other Free Trade Agreements (FTAs) allows for the entry of certain European Professionals to Canada. CETA covers 2 types of professionals:

  • Contractual Service Suppliers and
  • Independent Professionals.

CETA Contractual Service Suppliers and Independent Professionals cannot be employed by the Canadian company contracting for their service. Their services must be provided under contract with the Canadian company either through their European employer, or as a self-employed person. CETA Professional work permits are limited to a maximum cumulative period of 12-months in any 24-month period. Any work permit extensions are discretionary and would require submission by the employer of a new Offer of Employment through the Employer Portal.

Applicants under CETA must be citizens of a European Union member state and they must possess a university degree or a 3-year post-secondary degree from an officially recognized institution in an approved discipline, in the case of engineering and scientific technologists. Applicants must also have professional qualifications to practice if required by the province or territory where the service is being supplied.

In order to qualify under this provision, the Contractual Service Supplier or Independent Professionals’ occupation must fall under a qualifying service sector and within an eligible NOC. Eligible Contractual Service Suppliers and Independent Professionals are limited to those service sectors set out in s. 9 and s. 10 of Annex 10-E.

Additional Criteria – Contractual Service Suppliers

In order to qualify under the CETA Professional category, Contractual Service Suppliers must be employed by a European company with a contract to supply a service to a Canadian consumer. The European company cannot have an establishment in Canada.

In addition to the general criteria described above, in order to qualify under CETA, Contractual Service Suppliers must:

  • have been employed by the European company for at least 1 year prior to the application;
  • possess at least 3 years of professional experience in the sector of activity that is the subject of the contract; and
  • Only be remunerated for their supply service in Canada by the European employer on a temporary basis as an employee under a service contract.
Additional Criteria – Independent Professionals

Independent Professionals under CETA are defined as self-employed professionals who are contracted to provide a service to a Canadian consumer. In addition to the general criteria described above, in order to qualify under CETA, Independent Professionals must:

  • be engaged in the supply of a service on a temporary basis as a self-employed person; and
  • possess at least 6 years of professional experience in the sector of activity that is the subject of the contract.

Professionals who are not eligible under CETA might be eligible under one of the International Mobility Programs:

Global Skills Strategy Short-Term Occupation (work permit exempt)

  • Francophone Mobility Program
  • NAFTA or other Free Trade Agreement
  • International Experience Class
  • Significant Economic, Social or Cultural Benefit to Canada
  • GATTs Intra-Company Transferee

Please note that the above list is not a complete list of LMIA exempt work permit programs. Professionals who do not qualify under one of the aforementioned programs may require a Labour Market Impact Assessment to work in Canada.

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Phone: 647.812.8462 Fax: 647.697.2424 Email: info@beffalaw.ca

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Copyright © 2021 - BEFFA LAW
All the information presented on this site must be regarded as general information and  not legal advice. Every case is different, so please contact us to assess your particular situation. A solicitor-client relationship will be established only after we’ve determined that there is no conflict of interest.
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12 Days of Christmas - Official Rules

Beffa Law’s 12 Days of Christmas Giveaway – Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN

Participation constitutes the entrant’s full and unconditional agreement to and acceptance of these Official Rules. Beffa Law’s 12 Days of Christmas giveaway submission period commences at 7:00 a.m. EST on December 12, 2022, and ends at 11:59 p.m. EST on December 22, 2022, with the final winner announced on December 24, 2022. The contest is sponsored by Beffa Law.

  1. Eligibility: Beffa Law’s 12 Days of Christmas giveaway is open only to legal residents of Ontario who are 18 years of age or older. Entrants must also be Canadian citizens or Permanent Residents who reside in Ontario at the time of entry. Employees, contractors, directors, and officers of Beffa Law and its respective affiliated companies, distributors, licensees, and the advertising, fulfillment, judging, and promotion agencies involved in the development and administration of this promotion and their immediate family members and those living in the same households of each are not eligible to enter the contest.
  2. Promotion Period: The promotion begins at 7:00 a.m. (EST) on December 12, 2022, and ends at 11.59 p.m. EST on December 23, 2022. All submissions must be entered during the official time frame of the promotion to be eligible.
  3. How to Enter: (all entrants acknowledge their information will not be used or sold for other marketing or promotional purposes.)
    During the promotion period, go to the Beffa Law Facebook page and Beffa Law Instagram page and follow the instructions for each of the 12 days. Entrants must like the Beffa Law Facebook page and Instagram pages before December 12, 2022, to get specific daily instructions on how to enter the contest each day.
  4. Daily Entries: MUST LIMIT ONE (1) ONLINE ENTRY PER PERSON, PER DAY. For purposes of this promotion, a day is defined as a 24-hour period beginning at 12:00 a.m. EST and ending at 11:59 p.m. EST.
  5. Prize & Odds: Daily prize will not exceed $250 and will be picked up by the winner after the promotion period ends. No substitution or transfer of prize is permitted except at the Sponsor’s sole and absolute discretion. All taxes, and all other costs associated with acceptance or use of the prizes, are the sole responsibility of the winner. The odds of winning the prize depend on the total number of entries received.
  6. Claiming the Prize: IF CHOSEN AS THE WINNER, please privately message us to receive further instructions on how to claim your prize.
  7. Sponsor reserves the right to remove and invalidate from this promotion posts, comments, or statements of wishes that Sponsor determines in its sole discretion are inappropriate.

General Rules: Beffa Law 12 Days of Christmas Giveaway rules and guidelines:

  1. You must be 18 or older to participate.
  2. All submissions must be entered during the official time frame of the promotion to be eligible.
  3. Sponsor reserves the right to remove and invalidate from this promotion posts, comments, or statements of wishes that Sponsor determines in its sole discretion are inappropriate.
  4. All federal, provincial and municipal laws apply. Winners will be notified through Facebook and Instagram and have 24 hours to redeem their prize. The return of any prize/prize notification as undeliverable or failure to respond to notices or return any documents in a timely manner, as determined by the administrator, may result in disqualification and an alternate winner may be chosen. By participating, participants agree to release, discharge, and hold harmless promotion parties from and against any and all liability or damages associated with this promotion or acceptance, use, or misuse of any prize received in this promotion. Promotion parties are not responsible for any typographical or other error in the printing of the offer or administration of the promotion. Acceptance of the prize constitutes permission for the Sponsor and their agencies to use the winner’s names and likenesses for purposes of advertising and publicity without further compensation unless prohibited by law. By participating in this promotion, participants agree to be bound by the Official Rules and decisions of Beffa Law, which shall be final in all matters relating to the promotion. Promotion parties are not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, non-delivered, or postage-due mail; or for printing, distribution, or production errors or technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this promotion, or by any human, or other error, which may occur in this promotion. If in the administrator’s sole opinion, there is any suspected or actual evidence of tampering with any portion of the promotion, or if technical difficulties compromise the integrity of the promotion, Beffa Law reserves the right to void suspect entries and/or modify and/or suspend and/or terminate the promotion and/or conduct a random drawing to award the prizes in a manner deemed appropriate by the administrator. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the name appearing on the online entry. Sponsor reserves the right to disqualify any individual who tampers with the promotion or website or acts in a disruptive manner. This promotion is offered only in Canada and is governed by the laws of the province of Ontario, Canada. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the Province of Ontario for any action, suit, or proceeding arising out of or relating to this promotion.
  5. Waiver: By participating in this promotion, participant waives all rights to claim punitive, incidental, and consequential damages, lawyer’s fees, or any damages other than actual out-of-pocket costs incurred to participate. The Prize winners waive all rights and indemnify the Sponsor against any loss or liability resulting from the Grand Prize.
  6. Winners’ names will be posted on Beffa Law’s Facebook and Instagram Pages.
  7. Sponsor: Beffa Law Professional Corporation, 301-231 Oak Park Blvd., Oakville, Ontario, L6H 7S8, Canada.
  8. Facebook and Instagram are not sponsors of Beffa Law 12 days of Christmas Giveaway and any entrants agree to release both Facebook and Instagram from all liability related to the contest.
  9. Beffa Law reserves the right to modify, change, or cancel this promotion at any time, without notice.
  10. Disputes: Each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with Beffa Law’s 12 Days of Christmas, or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of the province of Ontario; (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the contest, or statutory damages, but in no event lawyers’ fees. All issues and questions concerning the construction, validity, interpretation, and enforceability of the Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the province of Ontario, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than the Province of Ontario.

 

REFINANCE
  • Review mortgage instructions for refinancing.
  • Conduct and review title searches for any defects in the title.
  • Conduct and review writ searches and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Review mortgage instructions.
  • Draft all mortgage documents
  • Register mortgage documents.
  • Extensive correspondence with the lenders and banks.
  • Receive mortgage funds.
  • Review certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the refinance transaction and securely transfer the funds
  • Register mortgage on title
  • Open the refinance file and access to client portal
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment.

CLOSING COSTS &  NOT INCLUDED IN FEES;

  • Title Insurance (as per Invoice)
  • Registration Costs/ per Mortgage;
  • Software Charges;
  • Flat disbursements cost, title searches, writ searches, execution searches, bank charges, courier charges etc.

CALCULATE YOUR COSTS

OCCUPANCY
  • Acting for you in matters relating to your purchase of the property
  • Review the Agreement of Purchase and Sale
  • Conduct and review title searches for any defects in the title Submit requisitions on the title and review the responses
  • Search for arrears of taxes and obtaining a certificate
  • Confirm that utilities were in satisfactory standing and arranging for meters be read
  • Search for executions
  • Examine the draft deed
  • Review the statement of adjustments
  • Reviewing the documentation provided by the builder including warranties, declarations and vendor’s and purchaser’s undertakings, and verifying enrolment with Tarion Warranty Corporation
  • Draft documents and statements in accordance with Land Transfer Tax Act
  • Correspondence with the Condominium Corporation and obtain a Status Certificate and Certificate of Insurance and review the same
  • Meet with client to explain and sign all legal documents
  • One in person appointment or remote signing on zoom
  • Close the transaction and securely transfer funds
  • Register transfer

OTHER CLOSING COSTS

  • Software charges ;
  • Disbursements includes one title search

CALCULATE YOUR COSTS

TITLE TRANSFER
  • Complete the required documents and gather the supporting documents
  • Obtain appropriate legal advice for the tax and other implications of the title transfer
  • Review the forms for completeness and accuracy
  • Perform title searches
  • Obtain title insurance
  • Update the contents and fire insurance policy
  • Update ownership records in the utility bills
  • Advise current mortgage lender of the title changes
  • Get the title change documents registered and report them to the clients
  • Send information to the city’s tax department and condo property management of changes in ownership

CLOSING COSTS NOT INCLUDED IN FEES

  • Software charges
  • Flat disbursements cost – includes one title search
  • Registration Fee

CALCULATE YOUR COSTS

SALE
  • Review mortgage instructions for refinancing.
  • Conduct and review title searches for any defects in the title.
  • Conduct and review writ searches and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Review mortgage instructions.
  • Draft all mortgage documents
  • Register mortgage documents.
  • Extensive correspondence with the lenders and banks.
  • Receive mortgage funds.
  • Review certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the refinance transaction and securely transfer the funds
  • Register mortgage on title
  • Open the refinance file and access to client portal
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment.

OTHER CLOSING COSTS 

  • Title Insurance (as per Invoice)
  • Registration Costs/ per Mortgage
  • One Mortgage payout with a Tier 1 bank
  • Software & office disbursements
  • Flat disbursements cost includes one title search

CALCULATE YOUR COSTS

PURCHASE
  • Review the Agreement of Purchase and Sale.
  • Conduct and review title searches for any defects in the title.
  • Submit requisitions on the title and review the responses.
  • Conduct and review writ and execution searches.
  • Secure title insurance and all correspondence with the title insurance company.
  • Examine draft transfer deeds and draft closing documents.
  • Review the statement of adjustments.
  • Draft documents and statements in accordance with Land Transfer Tax Act.
  • Draft documents to apply for first-time home buyer rebate for the client.
  • Correspondence with the lender and banks.
  • Review the certificate of insurance.
  • Meet with client to explain and sign all legal documents
  • Close the purchase transaction and securely transfer funds
  • Register transfer
  • Report to client, lender & realtor about closing
  • One in person appointment or remote signing on zoom
  • After office hours appointment

OTHER CLOSING COSTS

  • Land Transfer Tax
  • Title Insurance (as per invoice)
  • One Mortgage with a Canadian Tier 1 bank
  • Government Registration fees
  • Teranet and search fees;
  • Software fee and other office disbursements

CALCULATE YOUR COSTS

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