Legal news and trends for Canadian in-house counsel and c-suite executives
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engineering or construction company assigned to oversee a bid for a project must obtain a work permit to enter Canada on business. On the other hand, a chief executive officer can usually travel to Canada or reciprocally to the U.S. under the business visitor status. This is because the individual is not providing project-specific expertise that a Canadian citizen, with commensurate qualifications, could fulfil. At the very least, employees should be furnished with a letter from the com- pany stating job title, role, and purpose Subscribe today to Canadian Lawyer Canadian Lawyer is the ultimate source for today's legal professional. Keep up to date and informed by subscribing today for only $65 a year! Along with 11 issues packed with insights, trends and analysis, you'll also receive access to Canadian Lawyer's exclusive digital edition and digital edition archives, available only to registered subscribers. And, you'll stay up to date on breaking news between issues with Canadian Legal Newswire, our free weekly enewsletter that is edited by our legal reporting team. Subscribe online at canadianlawyermag.com Paying it f orward • A supreme misstep • A lot of wine-ing September 2009 eptember 200 09 for the business-related travel. For those requiring documentation there are more than 20 categories, each with its own procedure and process- ing time, ranging from professional designations under NAFTA to those which require a labour market opinion approved by Service Canada to assess whether the skill set of a foreign national can be fulfilled by a Canadian candi- date. Often a company is required to prove it has advertised a position in Canada before dispatching an employee from a U.S. subsidiary to travel to Canada on business. Siddiquee says identifying the appro- $7.00 ASIA BUSINESS IN Be it the Pacific Rim, Southeast Asia, or elsewhere in the world's largest continent, Canadian law firms are taking advantage of opportunities. 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L4G 3S9 Tel: (905) 727-0077 Fax: (905) 841-4357 Mail or fax this form to Canadian Lawyer Sub-ad_CL_Sep_09.indd 1 34 • DECEMBER 2009/JANUARY 2010 DOING priate category can be complex, and often companies learn lessons the hard way. "Unfortunately, the way that most people end up getting informed is by having a bad experience." Often that is how their lawyers, whether in-house or outside counsel, find out as well, as was the case for Teijeira. The most significant challenge for corporate counsel is keeping track of employees who travel, Siddiquee says. She recommends companies establish an intranet page employees can ref- erence to determine if their title and skill set requires a work visa for travel, and also to notify employees they need to disclose to customs authorities their birthplace, all passports they carry, and of course, any criminal convictions. Blair Pritchett, a lawyer at McInnes Cooper's St. John's, Nfld. office assists many clients in the energy and mining sectors with immigration requirements. He says since the economy soured, Service Canada seems to have been somewhat more diligent in its enforce- ment of cross-border travel. Based on experience, he says the department has been particularly rigorous on requiring companies to advertise a position before sending a current employee to Canada on business. "If a person has obvious unique skill set, such as a nuclear physicist, clearly you'd think you can get away INHOUSE 8/14/09 9:11:54 AM C r e i g h t o n o n t h e b e n c h • J u r y t amp e r i n g • Pa r e n t a l a l i e n a t i o n s y n d r ome August 2009 $7.00 ASSEMBLY LINE Hundreds of l lawyers are Hun involvenvo ed Hundr LIN involv d in the com o f C naCa ada autom of an da's Canada's complex remodelling omotive industry. $7.00 S t . J o h n ' s c i t y r e v i ew • Wi l d , wi l d we b • C a r r i a g e b a t t l e s July 2009 July 2009 Louis Pasquinasqu tiion honou our or tion th be Ca nadaanada conviction that gives him the dubious honour of being the first lawyer in Canada guilty of gangsterism. Pasquin c on t at f being t being he him he dubiousdub io t of erism. GANGST Save GANGSTA RAP tioni AP Subscription Special see page 48 ipti n Spe i % l summer 35% uin is appealing the appealing app ppea g