Canadian Lawyer InHouse

Dec/Jan 2010

Legal news and trends for Canadian in-house counsel and c-suite executives

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Can you imagine your value as an employee if you're not able to do your functions properly and travel freely? ALEX TEIJEIRA, Kruger Products Ltd. prove to be problematic based on trends evidently emerging in the frequency that North American-based companies are doing cross-border business. "I'm finding more companies are demonstrating that is a unique skill set," he says. "But increasingly, they want to see there's been an actual effort to recruit a Canadian and as you get higher in the skill-set ladder, it becomes harder to envision any kind of glut to hire a mean- ingful Canadian. "The difficulty from a business stand- point is that sometimes it doesn't make sense to advertise." He says while he expects the stricter interpretation will be relaxed once the economy stabilizes, blatant violators could be subject to harsher penalties. "There are some new regulations being discussed which may bring about some penalties for employers that don't com- ply," he says adding officials are consid- ering a two-year suspension on travel for an employee whose position wasn't advertised to find a comparable replace- ment in the Canadian market. That could North American Relocation Law The best resource to help you with the North American relocation process, including immigration, tax, employment and other legal issues • • • • • North American Relocation Law is a practical how-to manual for moving the right types of personnel between Canada, the United States and Mexico. It efficiently guides you through the relocation process from beginning to end. This resource provides you with immediate access to: immigration requirements including important U.S. and Canadian immigration directives Mexican immigration concepts recent changes to Canadian permanent residence application procedures sample letters and real life examples useful precedents and templates to let you hit the ground running with complex issues • • • • • reorganizing to provide executives and managers with more North American responsibilities," says Shanon Grauer, a partner in the business law group at McCarthy Tétrault LLP. "And with that, part of their job mandate is to come to Canada to conduct business." It is mandatory for companies to advertise positions for management personnel whose visas have come up for renewal, as of spring 2009. Recent amendments to the Investment Canada Act and the Competition Act have had an impact on cross-border business although "the repercussions are still being digested" by lawyers who work in the field, Grauer says. IH With contributions by a team of practitioners highly experienced in all aspects of the relocation process how to overcome inadmissibility in Canada and the United States where and when to apply for work permits and other visas customs matters relating to the cross-border including employment movement of goods and related issues employment law issues standards, termination and severance pay, and post- employment restrictions tax concerns including implications for both employers and employees ORDER your copy today Looseleaf & binder • $220 • Releases invoiced separately (1-2/yr) P/C 0975032000 • ISBN 978-0-88804-451-8 For a 30-day, no-risk evaluation call: 1.800.565.6967 Canada Law Book is a Division of The Cartwright Group Ltd • Prices subject to change without notice, to applicable taxes and shipping & handling. Kranc_North American RL (CL 1-2h).indd 1 INHOUSE DECEMBER 2009/JANUARY 2010 • CL1209 11/30/09 11:18:59 AM 35 Certified by the Law S Benjamin ociety of Upper Canada as a Specialist in Immigration Law A. Kranc …and more!

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