by Monica Beffa

Why do I need a Real Estate Lawyer?

There are many people involved even in the smallest real estate transaction. Most people are wondering why they need to pay one more, especially a real estate lawyer. The truth is that you cannot afford not to be represented by a real estate lawyer in a purchase or sale transaction, whether you are the buyer or the seller.

by Monica Beffa

INCORPORATING A PERSONAL REAL ESTATE CORPORATION OR “PREC”

A PERSONAL REAL ESTATE CORPORATION (“PREC”) gives Real Estate Agents (“Realtors”) the ability to utilize the benefits of incorporation.  Recently, Bill 104, the Tax Fairness for Realtors Act, has been passed to permit a PREC to be registered as a broker or salesperson.

A PREC can be considered a broker or salesperson provided that the owner of the PREC’s voting shares has the prescribed qualifications to be registered as a broker. Besides, the PREC must be employed by a brokerage to trade in real estate.

A PREC must satisfy the following conditions:

1. A PREC must be incorporated under the Ontario legislation and must meet all the requirements of an Ontario business.
2. The Realtor must own all of the voting shares in the PREC and be the only director and officer of the PREC;
3. All PREC non-voting shares, if any, must be owned Realtors’ family members (spouse, parent, child);
4. The PREC name must include “Personal Real Estate Corporation”;
5. The PREC may only carry on business in the profession of real estate trading.
6. The PREC should register for an HST account with CRA after formed.  The Realtors’ current HST accounts do not transfer.

THE PRO AND CONS OF INCORPORATING A PREC

PRO	CONS
BETTER TAX RATES   In Ontario, the small business deduction allows up to $500,000 of real estate business income to be taxed at the lowest corporate tax rate of 12.2%, and 26.5% above that amount. PRECs would give real estate agents access to this lower tax rate. By contrast, the personal income tax rate is 53.53%.   This will maximize Realtors’ income by realizing significant savings by paying less income tax.	ADMINISTRATION BURDEN   The main disadvantage of incorporation is the administration of the corporation.   The corporation requires legal and tax filings each year to remain in good steading with the authorities. This requires attention and is a time commitment for the Realtors.
TAX DEFERRAL   A PREC will allow the Realtors to leave a portion of their profits in their PREC, thereby allowing Realtors to defer payment of taxes on such a portion of income until the money is withdrawn by the Realtors from the PREC.	OPERATING COSTS   INCORPORATION COSTS Realtors will also need to incur legal costs to incorporate the business and prepare the annual minutes and other filings required by the legislation   ONGOING COSTS   There are annual legal filing fees to be paid to the lawyer as well as fees to have an accountant file the annual corporate tax return.   BEFFA LAW can help you with the incorporation.
TAX SAVINGS THROUGH INCOME SPLITTING   The PREC may employ and pay salaries to family members (spouse, partner, or child) for their services. The PREC may pay dividends to the family members. Income earned by family members may be taxable at lower individual rates, which would result in a reduced overall family income tax bill.	LOSSES MORE DIFFICULT TO USE   When a Realtor operates a real estate business as a sole proprietor and incurs a loss, the Realtor can deduct that loss against other personal income.    If a Realtor operates a corporation, the loss can be applied to the income of the corporation only.
ESTATE & RETIREMENT PLANNING   Realtors can use the income tax deferral to plan for retirement.  They can use excess funds in the corporation to purchase rental properties, investments, life insurance, or an Individual Pension Plan.  BEFFA LAW can help you draft a secondary will that deals with just your ownership in your corporation.	PAY MORE TAXES   In some circumstances, operating a business through a corporation could mean Realtors could pay more taxes than if operating as a proprietorship.   This may occur when the small business deduction is not available to the corporation.
CANADA PENSION PLAN   If Realtors are self-employed and have business income at or above $58,700 in 2020, they pay CPP of almost $5,796.    If Realtors transfer their business to a corporation and begin paying themselves dividends they could eliminate this annual cost.	MAINTENANCE   Failure to comply with the filing requirements of the Ontario legislation may result in dissolving the PREC, at which point the subject PREC must immediately cease to exist.   Moreover, complying with Ontario laws on the maintenance of corporate minute books is necessary to avoid countless problems.   BEFFA LAW can help you with the annual legal filings.
DEDUCTIONS FOR BUSINESS EXPENSES   Deductible business expenses are not limited to the amount of commission earned or the other limitations imposed on sale expenses of commissioned employees. The PREC’s income for tax purposes is the profit, i.e. the sales commissions less reasonable business expenses.
LIFETIME CAPITAL GAIN EXEMPTION   The LCGE allows a person who earns significant income from the sale of a small business corporation to deduct a significant amount, resulting in considerable tax savings. If Realtors want to take advantage of the lifetime capital gains exemption, the PREC needs to qualify as a qualified small business corporation.
LIMITED LIABILITY   Operating your business through a corporation provides security against personal liability.   It is more difficult for a creditor to go after the shareholder’s personal assets if the business defaults on its debts. However, the directors are still liable in some cases.	STILL LIABILITY   By operating out of a PREC, Realtors will remain liable for services to clients and will be required to meet all associated obligations and responsibilities. If the PREC commits professional misconduct, the RECO may discipline the principal Realtor and the PREC by way of suspensions, cancellations, or restrictions on either licence.

While Bill 104 has the potential to provide the Realtors with significant tax-saving opportunities, there are numerous financial considerations that Realtors will need to consider before choosing to incorporate a PREC.

The Realtors who are contemplating switching to a PREC should seek professional legal advice.

 

Contact Us for more information about the Fees and the incorporation process.

by Monica Beffa

7 CELEBRITIES WHO DIDN’T LEAVE A WILL

(Intestate = without a will)

1. Abraham Lincoln- Lawyer, President of the United States

Age at the time of death: 56

As the 16^th president of the United States and a lawyer, some would be shocked to find out that Abraham Lincoln has not drawn a Will before he died. After his assassination in 1865, President Lincoln’s intestate estate was valued at $110,300 and was divided among his wife and his two sons. Lincoln’s estate would be a few million in today’s dollars.

2. Martin Luther King, Jr.- Civil Rights Activist- Nobel Prize medalist

Age at the time of death:56

Dr. Martin Luther King, Jr. known was a well-known activist who faced death threats, so, it is unexpected that he did not have a Will signed. Although Dr. King was assassinated in 1968, his family is still fighting these days over his estate. Recently, King’s children started another fight in court over King’s Nobel Peace Prize medal and personal traveling Bible.

3. Jimi Hendrix – Songwriter/Singer

Age at the time of death: 27

Jimi Hendrix died in 1970 without leaving a Will. The estate litigation went on for more than 30 years. Hendrix’s estate went to his father, Al Hendrix, after a court dispute with two alleged out of wedlock children. After Al Hendrix died, Hendrix’s siblings had been fighting in court over the control of the singer’s $80-million estate. The Court endorsed Al Hendrix’s Will, but the siblings continued fighting over the use of the singer’s image.

4. Bob Marley – songwriter, singer

Age at the time of death: 36

It may amaze you that famous reggae songwriter and singer, Bob Marley, who was diagnosed with cancer in 1977 and died four years later at 36 did not have a Will. Bob Marley’s estate continues to produce income, earning more than $20 million between 2013 and 2014.

Under Jamaican law, Marley’s estate was divided among his wife and 13 children. As a result, Marley’s widow, Rita, received only 10 percent of his assets. Thirty years after Marley’s death his heirs were still litigating over the singer’s estate.  After many years of court battles, Rita and Marley’s family received Marley’s name and likeness. The Estate of Bob Marley is strongly defending the commercial use of Bob Marley’s likeness, songs, and intellectual property. Just recently, the Marley’s Estate sued Bob Marley’s half-brother, Richard Booker, for giving Jamaican tours and coordinating music festivals using Bob Marley’s name.

5. Amy Winehouse – singer/songwriter

Age at the time of death: 27

The British singer, Amy Winehouse, died in 2011 as the result of alcohol poisoning. Originally, the press reported that Winehouse left a Will, however, British court decided that the singer’s $4.66 million fortune was allocated to her parents. Her ex-husband, Blake Fielder-Civil, was not a beneficiary.

In “Amy”, the Oscar-winning documentary about Winehouse, the singer is presented as having a very heated relationship with her father who was called in the documentary a “misleading” person.

6.Prince – singer

Age at the time of death: 57

The celebrity singer died in April 2016 after a five-decade career and seven Grammy Awards trophies. Prince’s estate was evaluated at $300 million at the time of his death. Surprisingly, Prince did not leave a Will.

Without having a will in place, different people came out and alleged to be his previous wife, children, siblings, or relatives. In May 2017, after a year of court fights, a judge ordered that there is no Will for Prince and that Prince’s sister and five half-siblings were the right beneficiaries of the fortune.

7. Michael Jackson – Singer/Songwriter

Age at the time of death: 50

Jackson’s family initially thought that he died intestate. Immediately following Jackson’s death in July 2009, his mother filed documents in court claiming that Michael did not have a Will.

However, later, a Will was discovered, being executed 7 years before the pop star’s death.

Jackson appointed his lawyer and music executive as administrators of his estate, his mother as a guardian to his children, and a beneficiary of a trust, and his sister, singer Diana Ross, was named an alternate guardian for Jackson’s children and their estates.

Jackson’s estate produced over $242 million in the past and continues to generate great revenue.

WHAT WE LEARNED

• Without a will, a messy estate will be left behind.
• Estate lawsuits can take years to be decided.
• The law will dictate who gets what vs. what the person would have chosen had he /she taken the time to execute a Will
• Family may not be able to divide the estate without filing a lawsuit

by Monica Beffa

Three Things You Need to Know About Taxes At Death

1. There is no inheritance or death tax in Canada

In Canada, there is no inheritance or death tax levied on the beneficiaries; the estate pays any tax that is owed to the government. If you are the beneficiary of money or assets through an estate, you inherit the money tax-free, i.e. the tax has already been paid by the estate. You do not have to add inheritance to your income tax return.

2. There are estate taxes payable on death 

The key taxes payable on death in Ontario by the estate are:

• Estate Administration Tax (i.e. Probate Fees): While there is no “death tax” in Ontario, your estate will have to pay an “Estate Administration Tax” (i.e. Probate Fee) to the Ministry of Finance.  This tax is calculated based on the total value of all assets owned by the deceased at the time of death that will go through the probate process in court. This tax is about 1.5% of the value of the estate.
• Income taxes due for the year of death: These are the personal income taxes of the deceased.
• Income taxes for any trusts (i.e. the estate from the time of death until distribution): These are income taxes payable on income earned by the estate.
• Tax on Capital Gains: You are deemed to dispose of all capital property at death.  Your estate must cover the tax on any capital gains.
• Tax on Tax-Shelter Savings plans: Registered plans such as RRSPs and RRIFs can be transferred tax-free to your spouse’s plan. If you do not have a spouse, these savings are fully taxable at your death.

3. You can avoid paying the “death” taxes

You can avoid paying taxes on death by arranging your finances and property with the help of an estate lawyer.

Leave A Valid Will

That probably means setting up a meeting with a lawyer.

Without a will, the courts decide who gets what according to the laws in the Province of Ontario, rather than according to your wishes. This can be a more complicated process, with higher legal fees and the potential for costly legal disputes.

Designate A Beneficiary

When you buy life insurance or open an RRSP, you can name a beneficiary to receive the money when you die. This means the money bypasses the estate process and is paid directly to the beneficiary. Because it does not form part of your estate, the money is not subject to probate fees and there is no delay in your beneficiaries receiving the money.

Jointly Own Property

Holding assets jointly with another person is another strategy for reducing probate fees. Joint assets pass automatically to the surviving joint owner and are generally not considered part of your estate and subject to probate fees. Married couples’ titles to homes, bank accounts, and other financial assets are often held this way.

Plan and Prepay Your Funeral

Planning and prepaying your funeral remove a major expense that your family or estate must cover upon your death. When you prepay, the money goes into a trust account or insurance fund until your funeral. This way you control your costs as you choose the type of funeral you want in advance. You will also save your family from the difficult job of making decisions during a time of sorrow.

Buy Permanent Life Insurance

Life insurance proceeds can be paid to your estate to cover estate costs or left directly to a beneficiary to provide additional amounts to a specific person. These proceeds are paid tax-free.

You can also consider a permanent insurance policy for estate planning purposes which covers you for life, no matter how long you might live. Term insurance does not.

Multiple Wills

Another planning technique involves the use of “multiple wills.”

As part of this arrangement, the lawyer will prepare two wills: a primary and a secondary will. In the primary will, the testator deals with all his or her assets other than shares of private family corporations, loans, or other amounts receivable from those corporations, and other assets for which probate is generally not required. These specific assets are dealt with in a secondary will. However, the lawyer drafting the wills must ensure that one Will does not accidentally revoke the other Will and that the Will for probate meets provincial requirements.

 

by Monica Beffa

FAQs for a Real Estate Purchase

When should I contact a Real Estate Lawyer regarding purchasing a home?

As soon as possible. Once our firm is involved, we can start working to protect the purchaser’s interests.  When it comes to buying and selling real estate, the details are important. A fact or item incorrectly set out, or completely overlooked in the original Agreement of Purchase and Sale could develop into a legal dispute between the buyer and seller. Such problems can be avoided by obtaining legal advice from our firm early on in the process.

What information will my lawyer need to close my purchase?

A purchaser will need to provide the following information to our firm:

• Photo Identification – Copies of two pieces of photo identification (driver’s license and passport) will be required for each purchaser.
• Date of Birth– Our firm requires the dates of birth of all purchasers.
• Agreement of Purchase and Sale– A copy of the agreement should be forwarded to our firm.
• Name of the Mortgage Lender – It is common on home purchases for the lawyer to perform certain legal services for the mortgage lender e.g. giving the lender a legal opinion on the title the purchaser will hold and ensuring the lender will have a valid mortgage on the property according to the mortgage agreement.
• Inspection Report– A copy of any building inspection report that the purchaser may have received if required as a condition of your title insurance policy.
• Address for Service– The address that will be registered on the deed for future contact. Usually this is the address of the property in question, but it may be a different address if the property is being purchased as an investment property.
• Title– If there is more than one purchaser, you will need to instruct our firm whether the title will be taken as joint title or tenants-in-common.
• Property Insurance – As a condition of the mortgage, the lender will require that property insurance be in place on the closing date. The purchaser’s insurance agent must send to our firm a certificate of insurance or binder letter showing that the insurance is in place and that the lender’s interest is noted on the property.
• Closing Funds – On or before the date of closing, the purchaser will need to provide our firm with sufficient funds to complete the purchase by certified cheque, bank draft or money order. These funds include the balance owing to the vendor as well as land transfer tax and any other required adjustments such as property taxes or fuel oil. The lawyer will contact the purchaser prior to closing to provide the exact amount required.

by Monica Beffa

The Curious Case of Jeffrey Epstein’s Wealth, Death, and Estate

It’s not clear whether Epstein had a Will, and even if he had one, it probably wouldn’t have made the case any easier.
But, for the rest of us, ordinary people, having a Will is always a good idea.

by Monica Beffa

Specialiștii IT: De ce și cum va puteți stabili în Canada

Te interesează sa emigrezi in Canada și lucrezi in IT? Iată ce oferă sistemul de emigrare Cnadian.

by Monica Beffa

Tech Professionals: 7 Top Ways You Can Immigrate to Canada

Canada uses innovative immigration policies including Express Entry, Global Talent Stream, Provincial Technology Pilot Programs to help fill in the need for Tech Professionals for its emerging technology industry.

Why Tech Professionals Should Immigrate to Canada

• Canada is the most immigrant-friendly countries in the world, with a whole system built to easily integrate newcomers into society.
• Canada’s society is open, tolerant, and ready to welcome all new immigrants, regardless of their backgrounds or countries of origin.
• Tech professionals are highly in-demand in Canada, Tech job opportunities and salaries are at the top.
• Canada’s education system has the top universities and colleges in the world. applicants having access to some world-recognized institutions.
• Canada has one of the world’s best government-funded universal healthcare system for its permanent residents and citizens.
• Canadian society is very safe and secure and has a stable, democratic political system.

The top Tech jobs, such as: Software Developers, IT Project Managers, Computer Programmers and Computer Engineers are highly in demand in Canada.

Tech Professionals in some of these most in demand positions can immigrate to

Canada in several ways:

1. By coming to Canada through applying directly for permanent residence;
2. By coming to Canada as a Temporary Resident on a Work Permit, before transitioning to Permanent Residence;
3. By coming to Ontario, Canada, through Provincial Nominee Program Tech Pilot
4. By coming to British Columbia, Canada, through Provincial Nominee Program Tech Pilot
5. By coming to Quebec province through Quebec immigration system
6. By coming from EU member country to work in Canada through CETA Work Permit Program
7. By coming from USA or Mexico to work in Canada through NAFTA Work Permit Program

By coming to Canada through applying directly for permanent residence

Skilled workers applying directly for Permanent Residence come through Express Entry Program. Federal Economic Immigration Programs are:

1. Federal Skilled Worker Program;
2. Federal Skilled Trades Program;
3. Canada Experience Class.

Candidates wishing to come to Canada through one of these programs must first register a profile in the Express Entry pool. This profile is given a score against a Comprehensive Ranking System, with the highest scoring profiles receiving an Invitation to Apply.

There are many ways in which candidates can boost their score while in the Express Entry Pool, including by securing a qualified job offer in Canada or by securing a student permit and enrolling in a Canadian university or college program.

Qualified Tech professionals are highly in demand in Canada, and the Express Entry system is easily accepting these types of candidates.

Canada’s Top Tech Occupations are:

• Computer Engineer
• Computer Programmer
• Software Engineer
• Software Developer
• IT Project Manager

For more information if you qualify under Express Entry Program and how to boost your score, contact our immigration lawyers at Beffa Law.

By coming to Canada as a temporary resident on a work permit, before transitioning to permanent residence

More and more IT specialists are coming to Canada on a temporary Work Permit before transitioning to Permanent Residence. Canadian federal government launched the Global Talent Stream to specifically target technology occupations.

Candidates with a job offer get their Labour Market Impact Assessment, work permit and Canada visa processed in 2 weeks if they meet the program’s requirements.

Once candidates are in Canada and working through this program they can apply for Permanent Residence through Express Entry.

For more information about how to apply for a work permit and obtain the Labour Market Impact Assessment, contact our immigration lawyers at Beffa Law for a consultation.

Ontario has announced plans to create a dedicated provincial stream aimed at skilled technology workers through the Ontario Immigrant Nominee Program (OINP).

New Technology Sector Stream

Ontario government will create a dedicated stream to help Ontario’s technology sector attract highly skilled employees.

Ontario is Canada’s most populated province and its capital, Toronto, being the famous city that many newcomers call it ”home”. The technology sector stream is a response to the growing IT industry in Ontario, centered around Toronto which is considered the fastest growing tech market in North America. Ontario participates in OINP which helps to address labour market shortages occurring on the ground in specific Canadian provinces.

An OINP technology skilled worker stream follows the federal government’s successful Global Talent Stream for Tech workers, and also British Columbia’s PNP Tech Pilot, which gives technology workers priority for BC province nominations.

Tech Stream

Ontario immigration is to start targeting specific technology occupations with new tech draws from the Express Entry pool.

New Tech draws will focus on 6 specific NOC codes through Human Capital Priorities Stream of the OINP.

The purpose is to identify people with technological skills in the Immigration Refugees and Citizenship Canada (IRCC) Express Entry pool. The 6 Tech Occupations are:

NOC	OINP Technology occupations
2173	Software engineers and designers
2174	Computer programmers and interactive media developers
2147	Computer engineers
2175	Web designers and developers
2172	Database analysts and data administrators
0213	Computer and information systems managers

Candidates must meet the criteria of the Human Capital Priorities stream as well as have work experience in one of the targeted occupations. Through this dedicated approach, Ontario is helping to make it easier for businesses in the technology sector to recruit top talent from around the world.

Candidates selected from the Express Entry pool receive a Notification of Interest (NOI) via IRCC account. They have 45 days to submit the application.

As part of the new focus on technology occupations, Ontario has also launched a new Business Immigration Services team. Employers can also get up-to-date information about application processing times and nominations issued to date.

Ontario Human Capital Priorities General Requirements

• Ongoing profile under the Federal Express Entry system and be qualified for either the FSWP or the CEC.
• Hold minimum of 1-year of full time, or full-time equivalent work experience under NOC occupation level 0, A or B, in the past five years if applying under the FSWP or in the past three years if applying under CEC.
• Hold the equivalent of a Canadian Bachelor’s degree or higher.
• Show language proficiency of minimum CLB/NCLC level 7 in English or in French.
• Intention to reside in the province of Ontario.
• Residing with legal status in Canada, if applicable.
• Proof of required settlement funds.
• Minimum Express Entry Comprehensive Ranking System score as determined by director under period draws.

The Ontario Immigrant Nominee Program (OINP) makes it that much easier to move to Ontario with its amendments, like the addition of a tech stream.

For more information about your qualification to immigrate through OINP Tech Pilot, contact our immigration lawyers at Beffa law for a consultation.

By coming to British Columbia, Canada, through Provincial Nominee Program Tech Pilot

Launched in 2017 and extended until June 2020, BC PNP Tech Pilot supports the attraction of skilled workers to satisfy the demand for tech talent. BC PNP Tech Pilot’s top features are: dedicated concierge service; weekly invitations for tech registrants to apply; priority processing; and focused outreach and engagement.

BC PNP issues invitations on a weekly basis to qualified applicants who have a valid job offer in one of the 29 eligible occupations.

Some of the Eligible occupations for the BC PNP Tech Pilot are:

NOC	CETA Independent Professional IT occupations
0131	Telecommunication carriers managers
0213	Computer and information systems managers
0512	Managers – publishing, motion pictures, broadcasting and performing arts
2147	Computer engineers (except software engineers and designers)
2171	Information systems analysts and consultants
2172	Database analysts and data administrators
2173	Software engineers and designers
2174	Computer programmers and interactive media developers
2175	Web designers and developers
2281	Computer network technicians
2283	Information systems testing technicians
5224	Broadcast technicians
5225	Audio and video recording technicians
5226	Other technical and coordinating occupations in motion pictures, broadcasting and the performing arts
5227	Support occupations in motion pictures, broadcasting, photography and the performing arts
5241	Graphic designers and illustrators.
6221	Technical sales specialists – wholesale trade

For more information about your qualification to immigrate through BC PNP Tech Pilot, contact our immigration lawyers at Beffa law for a consultation.The BC PNP supports employers to attract and retain needed talent by providing an expedited immigration pathway for internationally trained workers who have the required skills, experience and qualifications needed by BC employers, as well as international students who have completed their education in BC or elsewhere in Canada and have the critical skills required for BC’s technology sector.

By coming to Quebec through this province own immigration system

The Government of Quebec has a new Expression of Interest immigration system, Arrima, to manage applications under the Quebec Skilled Worker Program (QSWP).

Quebec’s Expression of Interest System

In August 2018, Quebec’s new Expression of Interest System came into effect as part of the province’s efforts to streamline the processing of QSWP applications. Individuals interested in applying for immigration to Quebec begin the process by declaring their interest in applying to the program and entering a profile in a profile using the Arrima portal.

On June 26, 2019, Quebec has introduced 3 important changes to its Expression of Interest system, as the immigration ministry prepares to issue the first invitations to apply from the Arrima portal: 1) Existing profiles get extra 6 months validity; 2) invited candidates get reduced 60 days to submit applications; and 3) profiles of candidates who decline invitations will remain in Quebec EOI bank.

Skilled Workers or international graduates in Quebec may apply to immigrate to Quebec under the Quebec Skilled Worker Program (QSWP), or the Quebec Experience Program (PEQ).

Quebec Skilled Worker Program

Foreign workers who want to settle as permanent residents in Quebec may be eligible through the QSWP which is a points-based initiative, operated separately from federal skilled worker programs. Successful applicants may bring accompanying family members to Quebec, and a separate job offer is not required.

Applicants who are successful under the QSWP are issued a Quebec Selection Certificate (CSQ) and can then apply to the federal government for permanent residence. Immigration, Refugees and Citizenship Canada (IRCC) will conduct a medical and criminal background check as part of its approval process.

In order to qualify for a CSQ, you must score enough points under the Quebec Immigration selection factors.

Quebec Experience Program (PEQ)

The Quebec Experience Program is another Quebec immigration pathway available to eligible international graduates with a Quebec diploma and individuals with at least 12 months skilled work experience in the past 24 months. Applicants to the PEQ are required to have an advanced knowledge of spoken French.

The Canada–European Union Comprehensive Free Trade Agreement (CETA) allows certain service providers, independent professionals, intra-company transferees, business visitors, and investors to work in Canada without the need for a Labour Market Impact Assessment (LMIA).

The LMIA process requires a potential employer in Canada to undergo a rigorous recruitment procedure before they hire a foreign worker. The fact that CETA facilitates the LMIA-exempt hiring of certain Europeans is therefore beneficial to employers and eligible workers alike.

CETA Categories are: Independent Professionals and Contractual Service Providers; Intra-Company Transfers; Investors; and Business Visitors.

Independent Professionals and Contractual Service providers

• Applicants in either category of professionals must be contracted to provide a service in accordance with the list of occupations and concordance table.
• Applicants must also be engaged in the temporary supply of a service for a period not exceeding 12 months.
• The worker seeking entry into the Canadian labour market under the provisions of CETA must be a citizen of an EU member state.

Independent Professionals

Independent professional means a self-employed professional who has a contract to supply a service to a Canadian consumer.

The applicant must: be engaged in the supply of a service on a temporary basis as a self-employed person; and possess at least six years of professional experience in the sector of activity which is the subject of the contract.

Some CETA eligible occupations for independent professionals and contractual service suppliers are:

NOC	Occupation
	Engineering services and Integrated engineering services
0013	Senior managers – financial, communications and other business services: engineering designation required
0015	Senior managers – trade, broadcasting and other services, n.e.c.: engineering designation required
0016	Senior managers – construction, transportation, production and utilities: engineering designation required
0211	Engineering manager
2122	Forestry professionals: engineering designation required
213	Civil, mechanical, electrical and chemical engineers: all occupations
214	Other engineers: all occupations
2173	Software engineers and designers: only software engineers
	Computer and related services
0213	Computer and information systems managers
2147	Computer engineers (except software engineers and designers):
217	Computer and information systems professionals: all occupations

For more information about working in Canada under CETA Trade Agreement, please contact our experienced immigration lawyers at Beffa law for a consultation.

Under the North American Free Trade Agreement (NAFTA), certain types of workers from the United States and Mexico may work in Canada without a Labour Market Impact Assessment (LMIA). The NAFTA

NAFTA work permits are issued by the government of Canada under the International Mobility Program (IMP). Because U.S. and Mexican citizens do not require a Temporary Resident Visa to enter Canada, NAFTA work permit applications may be done at a Port of Entry, at a Visa Office, or online.

NAFTA Professionals

The NAFTA Professionals category is a popular category for eligible U.S. and Mexican citizens with requisite education and experience to work in Canada. The eligible occupations list includes a broad range of professions.

NAFTA Professionals occupations are:

NOC	NAFTA Technology occupations
2171	Computer Systems Analyst
2147, 2173, 2131, 2132, 2133, 2134, 2241….	Engineer
1122	Management Consultant
2231	Technical Publications Writer

NAFTA professionals wishing to work in Canada should note the following requirements:

• Must be a citizen of the U.S. or Mexico.
• Must be in a profession identified in the list above.
• Must have a qualification to work in that profession (degree or certification in a related educational program).
• Must have pre-arranged employment with an employer in Canada.
• Must have provision of professional level services in the field of qualification.

** A new agreement between Canada, the United States and Mexico has been signed but is not yet ratified. This deal, known as Canada United States Mexico Agreement (CUSMA), may replace the existing NAFTA, with new opportunities for eligible professionals to work in Canada.

For more information about NAFTA work permits and your qualification to work in Canada under NAFTA, contact our experienced immigration lawyers at Beffa Law.

How We Can Help IT Professionals Move to Canada

At Beffa Law we offer our international clients comprehensive assistance in immigration. We provide individual clients with extensive legal counsel drawing on our more than 11 years of combined professional experience.

We will empower you on how to raise your profile, including your CRS score in the Express Entry Pool. We can also teach you how to find a job in Canada from overseas.

APPOINTMENT

by Monica Beffa

ONTARIO ANNOUNCES A NEW FOREIGN TECH WORKER STREAM & AN IMMIGRATION PILOT FOR SMALLER COMMUNITIES

April 11, 2019 – The province of Ontario announced plans to launch a new PNP (Provincial Nominee Program) stream for high-skilled tech workers. The new stream was announced in the 2019 Ontario Budget which also promises the creation of a new immigration program to attract skilled workers to Ontario’s rural communities.

Ontario’s tech sector has been growing significantly in recent years, with the city of Toronto now ranking as the fastest growing tech sector in North America. This new PNP stream will enable Ontario to fuel the continued growth of its powerful tech industries.

Exact details about the tech workers’ PNP stream have not yet been revealed, there are still questions about which occupations will be eligible and how the application process will work.

Stream for Tech Workers

The Budget says that the government will create a “dedicated stream” to help Ontario’s technology sector attract highly skilled employees.”

“The Province is responding to the needs of Ontario’s employers by attracting the skilled workers they need through enhancements to the Ontario Immigrant Nominee Program (OINP)”, government says. “Through the modernization of the OINP, and in tandem with its other initiatives, the government will continue to ensure that Ontario’s workforce remains among the most highly skilled for the modern economy.”

OTHER CHANGES TO ONTARIO IMMIGRATION

In addition to the new tech stream, Ontario announced 3 other changes to its provincial immigration programs:

A New Pilot for Smaller Rural Communities

 Ontario will launch a new immigration pilot program designed to attract workers to the province’s smaller communities. The budget says the government will also begin a pilot initiative “to explore innovative approaches to bring highly skilled immigrants” to smaller communities around the province.

The government said the pilot’s purpose will be to “spread the benefits of immigration to smaller communities.”

This announcement follows the success of the Atlantic Immigration Pilot Program (AIP), a joint federal-provincial initiative that allows designated employers in Canada’s 4 Atlantic provinces to recruit skilled foreign workers for jobs they haven’t been able to fill locally.

Canada recently revealed a Northern and Rural Immigration Pilot similar to the AIP that will help small or isolated communities in provinces and territories outside Atlantic Canada to recruit foreign workers.

Changes to the Entrepreneur Stream

The province will “recalibrate” the eligibility thresholds for investment and personal net worth in order to “make Ontario more competitive with other provinces” and expand the province’s base of prospective candidates.

The current minimum net worth under the stream’s eligibility requirements varies depending on where the business will be located:

• $1,500,000 minimum net worth for entrepreneurs hoping to locate within the Greater Toronto Area (GTA).
• $800,000 minimum net worth for entrepreneurs hoping to locate their business outside the GTA.
• $800,000 minimum net worth for entrepreneurs in the ICT/Digital Communications sector regardless of where they want their business to be located.

The current minimum personal investment thresholds are:

• $1,000,000 minimum personal investment if the proposed business will be located within the GTA.
• $500,000 minimum personal investment if the proposed business will be located outside the GTA.
• $500,000 minimum personal investment if the proposed business will be in the ICT/Digital Communications sector regardless of location.

Fair ONIP allocation – The success of immigration policies is a shared responsibility among the federal, provincial and territorial governments.Ontario’s budget “calls on the federal government to work with the Province” to ensure that the ONIP’s nomination allocation is “fair.”

The OINP receives an allocation each year from Canada’s federal government that allows it to nominate a set number of economic immigration candidates for permanent residence in the province. The OINP’s 2019 allocation is 6,900, which fell short of Ontario’s request for an allocation of 7,600 nominations. The allocation represents a small part of annual immigration to Ontario, which totalled 137,410 newcomers in 2018.

Changes to the In-Demand Skills Stream

The province will be adding truck-drivers and personal support workers to the list of eligible occupations for this stream. The In-Demand Skills stream is part of Ontario’s Employer Job Offer category and requires all applicants to have a valid job offer from an Ontario employer.

Ontario’s new budget also says the government will seek to include truck drivers and personal support workers under the occupations that are eligible for the OINP’s Employer Job Offer: In-Demand Skills Stream. The stream allows the OINP to nominate foreign workers with a permanent and full-time job offer from an Ontario employer in one of its eligible occupations to apply to live and work permanently in Ontario.

Eligible occupations under the stream are classified by Canada’s National Occupation Classification (NOC) as Skill Level C or D.

by Monica Beffa

Quebec To Increase Immigration Levels To 52,500 By 2022

June 7, 2019 – Immigration levels to Quebec could reach 52,500 by 2022 under new proposals introduced by Quebec provincial government.

During the last Quebec election campaign, the Coalition Avenir Québec (CAQ) introduced a temporary reduction of its immigration levels. The CAQ decreased immigration by about 20% in 2019, from 52,000 to 40,000.

Immigration Minister Simon Jolin-Barrette said that Quebec aims to gradually increase immigration by 3,000 to 4,000 annually from 2020 until 2022, when it will return to about 52,000 annually in order to address the province’s labour shortage and “to allow both state and civil society actors to provide all immigrants to the province with the tools they need to successfully integrate into Quebec society.”

The CAQ introduced a temporary reduction of its immigration levels to address concerns that newcomers are not integrating into the majority French-speaking province.

By enacting Bill 9, Québec plans to cancel thousands of existing skilled worker applications in order to transition to the new Québec Expression of Interest system, which is similar to the federal Express Entry system.

“That’s really important that we need a step back for the year 2019 and after that, when the immigration system is repaired, we’ll be able to get more immigrants but in the immigration categories to answer the need of the Quebec work market,” the Immigration Minister said.

The proposal targets incremental increases each year, with a maximum of 44,500 to be admitted in 2020, 47,500 in 2021 and 52,500 by 2022. Of this numbers, 65 per cent would be selected through Quebec’s economic-class immigration programs compared to 59 per cent this year.

The government’s immigration budget will also rise by $146 million per year to help immigrants adapt better and learn French.

The CAQ’s immigration reforms have been criticized as unfair to the province’s labour needs. The CAQ’s  move to dismiss a backlog of more than 18,000 pending applications to the Quebec Skilled Worker Program under Bill 9 was blocked by a court order in February.

Quebec Skilled Worker Backlog

	Applications	Dependents
Number of pending applications	18,000	45,000+
Number of people working/studying in Quebec	3,700	9,250
Number of applications concluded monthly	2,000	5,000
Number of applications accepted monthly	1,000	2,500

Minister Simon Jolin-Barrette said the applications submitted under the Quebec Skilled Worker Program on a first-come first-served basis was not in touch with Quebec’s workforce needs. Quebec’s Expression of Interest system is a better fit for Quebec’s efforts to tailor the selection of skilled workers to actual labour needs in the province, Minister Jolin-Barrette said. The CAQ’s proposed immigration reform which would match immigrants’ job skills with Quebec’s employment needs is an essential solution before more people come to Québec.

Other proposals outlined in the new document include:

• Favouring foreign workers and foreign nationals with a degree in Québec who meet the province’s labour market needs and who are already living in Quebec as temporary residents;
• Favouring skilled applicants with in-demand training or a validated job offer who match short-term labour market needs in Quebec;
• Expediting the arrival of economic-class immigrants in order to respond more quickly to Quebec’s labour needs;
• Supporting efforts by employers in all regions of Quebec to recruit temporary foreign workers by reducing delays before their arrival and to facilitate procedures to meet the needs of the workforce. short-term work;
• Promoting the selection of immigrants who know Quebec’s democratic values and the values enshrined in Quebec’s Charter of Human Rights and Freedoms;
• Expanding the number of adult immigrants who speak French by expanding access to government-run French language training; and,
• Encouraging the permanent immigration of young people to counter the province’s ageing and declining population.

Bill 9 is not yet passed and, until it becomes law, the immigrant selection system will stay the same.