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.

By coming to Ontario, Canada, through Provincial Nominee Program Tech Pilo

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:

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:

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.

By coming from an EU country to work in Canada through CETA Work Permit

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:

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

By coming from USA or Mexico to work in Canada through NAFTA Work Permit

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:

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.

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

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.

by Monica Beffa

How a Postnup could’ve helped Bezos divide his $137 billion wealth

According with as survey of the American Academy of Matrimonial Lawyers, half of divorce lawyers cited an increase in postnuptial agreements in recent years.

by Monica Beffa

DOMESTIC CONTRACTS

Complete trust in your loved one and a certain degree of spontaneity are important ingredients for a healthy long term relationship, but couples can decide to reinforce it with the help of a domestic contract.

What types of Domestic Contracts are there?

Cohabitation Agreements, Marriage Contracts and Separation Agreements are different types of domestic contracts. Couples use them to set out certain terms for their relationship, and to agree on the rights and responsibilities in case the relationship ends.

Cohabitation Agreement

You and your partner can enter into a Cohabitation Agreement before or after you move in together.

What can a Cohabitation Agreement set out?

A Cohabitation Agreement can set out:

• how you want to organize some things in your relationship (e.g. keeping your finances separate).
• how property will be divided upon breakdown of the relationship;
• who owns property purchased during cohabitation;
• how much support will be paid if relationship ends;

A Cohabitation Agreement cannot set out:

• rules about custody and access for your children, which can only be decided after you and your partner separate.

What if I marry and I signed a Cohabitation Agreement?

If you and your partner get married after you have been living together, your Cohabitation Agreement becomes a Marriage Contract.

Marriage Contract

A Marriage Contract is a domestic contract for married couples. For couples who are planning to marry it’s known as Prenuptial Agreement (Prenup), while for married couples it’s known as Postnuptial Agreement (Postnup).

What can a Marriage Contract set out?

A Marriage Contract can set out:

• protection of pre-marriage assets and debts incurred by your spouse;
• children’s education and upbringing;
• control over budget and bank accounts;
• support obligations and variations of spousal support;
• pensions and RRSPs;
• equalization and division of property, including the matrimonial home.

! Be cautious when you include your home and property in a Marriage Contract. You could give up rights that you have under the law. It is important to talk to a family law lawyer who can explain your legal rights and options.

A Marriage Contract cannot set out:

• rules about custody and access to children.
• limits to spouses’ rights to live in matrimonial home.

! You and your spouse have equal right to live in your matrimonial home; it doesn’t matter whose name is on the house’s title.

What rights do I have under the law?

According to the law, married spouses who are separating have the right to equally share any increase in the value of their property that builds up during the marriage. The law sets out a calculation to determine what each spouse can legally get, called “equalization.” There are also rules about sharing the value of the matrimonial home, the home where you and your spouse were living as a family at the time of your separation.

Separation Agreement

You can sign a Separation Agreement to decide on different issues when you and your partner decide to separate. You can execute a Separation Agreement if you were married or if you lived in a common law relationship.

What can a Separation Agreement set out:

• rules about custody and access for children,
• financial support e.g. child support or spousal support, and
• how property will be divided.

Advantages of Negotiated Separation Agreement vs. Court Order Separation Agreement:

• Negotiating a Separation Agreement is cheaper, quicker and less stressful than going to court;
• You and your partner can control what is in your agreement;
• You and your partner may be more likely to follow the negotiated agreement because you decided together its content.

Disadvantages of Negotiated Separation Agreement

• If you are in an abusive or bullying relationship, it can be very difficult to reach a fair result and have respectful negotiations with your ex-partner. In abusive or bullying relationships, it is safer to go to Court for an Order.
• Going to Court to decide these legal issues may also help you protect your legal rights.

Can Domestic Contracts Be Enforced?

You can file your domestic contract with court, and it can be enforced as a court order, including any agreements about child and spousal support payments.

Why do  I need to enforce my Domestic Contract?

You should enforce your contract in case there is a problem in the future or your partner stops following the agreement.

Does the court review my contract?

No. Court will not review your contract. Court reviews a contract only if one of the spouses challenges it. Generally, courts enforce domestic contracts.

! You should get legal advice before you execute a domestic contract.  You must understand what is included in your contract, how your rights in the contract are different from your rights under the law.

How can I challenge the contract?

If you want to challenge your domestic contract, you have to apply to court.

! Courts do not like to interfere with domestic contracts and will not change a domestic contract just because it gives you less than what would you legally get.

When can I successfully challenge the contract in Court?

Court doesn’t usually change the division of the property in a domestic contract. However, court may change the spousal support sections if your situation is worse than at the time the contract was signed.

There are other cases when the contract can be set aside, but it is advisable to obtain legal advice to understand if your situation would qualify, and what might be the possible outcomes.

Get Advice

At Beffa Law we can help you:

• negotiate and draft cohabitation, marriage (prenuptial or postnuptial), or separation agreements;
• review and enforce pre-existing agreements;
• ensure the agreement is drafted in such way as to be legally binding;
• Independent Legal advice (ILA) for any domestic contracts.

Contact us today to learn how a marriage contract drawn up by experienced family lawyers can help protect your rights and assets upon separation. Call us at (416) 856-7631 to arrange for a confidential initial consultation.

by Monica Beffa

ESTATE PLANNING

Majority Canadians do not have a will – the most basic estate planning step. They should.

by Monica Beffa

Startups

Ontario Business Entities for Startups

Do you need a lawyer when you start your small business? Contact us to find out how our Beffa Law could benefit your business.

Types of Business Entities

There are 3 main business entities an entrepreneur should consider in Ontario:

Sole Proprietorships

A sole proprietorship is the simplest form of business organization, it is easily to set up and it is automatically created as soon as you begin to carry on business in your name. You are the sole owner, and fully responsible for all debts and obligations related to your business. All profits are yours to keep. Because you are personally liable, a creditor can make a claim against your personal assets as well as your business assets in order to satisfy any debts.

PROS:

• Easy and inexpensive to register
• You have direct control of decision making
• Minimal working capital required for start-up
• You can enter into contracts with other people and entities
• You can hire employees
• Some tax advantages (deducting your losses from your personal income, and a lower tax bracket when profits are low)
• All profits go to you directly

CONS:

• You are solely responsible for your actions and the actions of any employees you may have.
• You have unlimited liability (if you have business debts, claims can be made against your personal assets to pay them off)
• You cannot bring anyone as a partner & can be difficult to raise capital on your own
• Income is taxable at your personal rate and, if your business is profitable, this could put you in a higher tax bracket
• Lack of continuity for your business if you are unavailable

This is the best type of business organization to start off with. Then, as your business grows, you can decide if alternative business is more suitable.

Partnerships

A partnership is automatically formed when two or more individuals or corporations carry on business together with a view of profit.

The Partnerships Act (Ontario) determines the rights and obligations of each partner, unless the partners enter into a formal partnership agreement. In a partnership, your financial resources are combined with those of your business partners and put into the business. You and your partners would then share in the profits of the business according to the legal agreement you have drawn up.  The partners are the sole owners and cannot be employees.

In a General Partnership, each partner is jointly liable for the debts of the partnership. In a Limited Partnership, a person can contribute to the business without being involved in its operations. A Limited Liability Partnership is usually only available to a group of professionals, e.g. lawyers, accountants or doctors.

While all of the benefits of the partnership accrue to the partners, each partner is personally responsible for the obligations undertaken in contracts entered into by the partners. This is important because it establishes the terms of the partnership and can help you avoid disputes later on.

Hiring a lawyer to help you draw up a partnership agreement will save you time and protect your interests.

PROS

• Fairly easy and inexpensive to form a partnership
• Start-up costs are shared equally with you and your partner(s)
• Equal share in the management, profits and assets
• Tax advantage — if income from the partnership is low or loses money (you and your partner(s) include your shares of the partnership in your individual tax returns)

CONS

• There is no legal difference between you and your business
• Unlimited liability (if you have business debts, personal assets can be used to pay off the debt)
• Can be difficult to find a suitable partner
• Possible development of conflict between you and your partner(s)
• You are held financially responsible for business decisions made by your partner(s)

Corporations

A corporation has its own legal entity. Incorporation can be done at the federal or provincial/territorial level. To set up a corporation, you have to file articles of incorporation with the government. When you incorporate your business, it is considered to be a legal entity that is separate from its shareholders. As a shareholder of a corporation, you will not be personally liable for the debts, obligations or acts of the corporation. Further, the corporation is taxed on its own, and you pay tax on what the corporation pays you, by salary or dividends.

It is always wise to seek legal advice before incorporating.

PRO

• Separate legal entity
• Owns assets and has the limited liabilities
• Owns property in its own name and ownership is transferable
• Has continuous existence
• May sue on its name and may be sued
• Can be an employer, you can be an employee
• Easier to raise capital than it might be with other business structures
• Possible tax advantage as taxes may be lower for an incorporated business

CONS

• A corporation is closely regulated
• More expensive to set up a corporation than other business forms
• Extensive corporate records required, including documentation filed annually with the government
• Possible conflict between shareholders and directors
• You may be required to prove residency or citizenship of directors

by beffalaw_a0hv81

Canadian Work Permit for EU Citizens

Under the provisions of the Comprehensive Economic and Trade Agreement (CETA) (effective as of September 2017), it is easier for citizens of EU member states to obtain work permits in Canada.

Before CETA, a Canadian employer could obtain a work permit for foreign workers coming from EU only by completing a  Labour Market Impact Assessment (LMIA), which essential had to prove that the skill-set needed by the employer could not be found in Canada. According to CETA, certain contractual service suppliers and independent professionals can work in Canada without the need to apply for a Labour Market Impact Assessment (LMIA).

Under the accord, applicants in either category may stay in Canada for a cumulative period of no more than 12 months in any 24-month period or for the duration of the contract, whichever is less.

Two general criteria must be met to qualify for a CETA work permit, and are related to applicant status and applicant qualifications:

1. Applicant status criteria: applicants in either professional category must be:

• citizens of a European Union member state;
• engaged in the temporary supply of a service for a period not exceeding 12 months; and
• contracted to provide a service in accordance with the regulations set out in CETA.

Examples of the permitted professions are: Engineers, Computer Systems Analysts, Accountants, and Management Consultants, Financial and Insurance Managers (advisory and consulting only), Advertising Managers, and Market Research Managers.

2. Applicant qualifications criteria: applicants in either professional category must possess:

• a university degree or a qualification demonstrating knowledge of an equivalent level; and
• professional qualifications if required to practice an activity pursuant to the laws or requirements in the province or territory where the service is supplied.

Some categories of engineering and scientific technologists are eligible to enter Canada as professionals without a university degree.

Criteria for contractual service suppliers

Contractual service supplier means an employee of an enterprise in the European Union (EU) who has a contract to supply a service to a Canadian consumer. The EU enterprise cannot have an establishment in Canada.

In addition to the general criteria listed above, as a contractual service supplier, the applicant must also:

• be engaged in the supply of a service on a temporary basis as an employee of an enterprise which has obtained a service contract;
• have been an employee of the EU-headquartered enterprise for at least one year prior to application;
• possess three years of professional experience in the sector of activity that is the subject of the contract at the date of submission; and
• not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual service suppliers during their stay in Canada

Criteria for Independent Professionals

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

In addition to the general criteria listed above, as an Independent Professional, the applicant must also:

• 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 as of the date of submission of an application for entry into Canada.

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.

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

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

Restrictions on Business Visitor Eligibility under CETA

Short-term business visitors cannot:

• Engage in selling a good or a service to the general public
• Receive remuneration directly or indirectly from a source in Canada
• Be engaged in the supply of a service, except as provided in Annex 10-D

Intra-Company Transfer

CETA sets conditions whereby people may be transferred to work in Canada within the same affiliated Canada company.

Under CETA, all 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.

The applicant must belong to one of the following categories:

• Senior personnel and specialists
• Graduate trainees

In addition to the criteria outlined above, graduate trainee applicants must:

• Possess a university degree; and
• Be temporarily transferred to an enterprise in Canada for career development purposes or to obtain training in business techniques or methods

Investors:

CETA provides provisions that allow eligible investors to stay in Canada for up to one year, with the possibility of extending their stay at the discretion of an officer.

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 in the process of committing a substantial amount of capital.

At BEFFA LAW, we had successfully prepared application for CETA work permits, and carefully crafted the supporting documentation for the corresponding applicant category.  If you are interested in obtaining a CETA work permit, please reach out to us!