ILN: ESTABLISHING A BUSINESS ENTITY: AN INTERNATIONAL GUIDE

[ESTABLISHING A BUSINESS ENTITY IN CANADA] 91

period of time, or a warning where justification for the non-compliance is accepted. In March 2023, the Ministry of Immigration, Refugees and Citizenship announced its intention to launch a new Federal Pathway called the Economic Mobility Pathways Pilot (EMPP). The EMPP is focused on connecting skilled refugees with potential Canadian employers. In order to apply, in addition to meeting admissibility requirements and being eligible for one of Canada's designated economic immigration programs, candidates must have one of the following: (a) a positive Refugee Status Determination from the UN Refugee Agency or a refugee-hosting state; (b) evidence the person is registered or recorded as a person of concern by the UN Refugee Agency; (c) a refugee certificate from the United Nations Relief and Works Agency for Palestine in the Near East (UNRWA); (d) evidence of being registered or recorded as a person of concern with UNRWA; or (e) evidence of temporary protected status and a copy of the completed durable solution information form.

Canada-U.S Mexico Agreement Under CUSMA, which replaced NAFTA on July 1, 2020, citizens of Canada, the United States and Mexico can gain quicker and easier temporary entry into the three countries to conduct business-related activities or investments. All provisions are equally available to citizens of the three countries. Permanent residents of these countries who are not citizens are not covered by the CUSMA provisions. CUSMA applies to four specific categories: (i) business visitors, (ii) professionals, (iii) intra-company transferees and (iv) persons engaged in trade or investment activities, all of whom can apply to enter Canada on a work permit or as a business visitor without the need for a LMIA. CONCLUSION As can be seen from this summary review, although the commercial considerations involved in establishing and operating a business in Canada are substantially the same as in other jurisdictions, specific knowledge of the particularities of Canadian business law at the federal, provincial, and territorial levels is essential to carrying on that business successfully in the “Great White North.”

ILN Corporate Group – Establishing a Business Entity Series

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