Once the IT Pilot Project comes to an end on September 30, 2010,
Canadian employers will no longer be able to take advantage of the
expedited process for bringing foreign information technology (IT)
specialists to Canada, unless they are hiring for positions in
Québec. In Québec, the facilitated process will
remain in place for a limited time.
In a previous TLQ article, we discussed the IT Pilot
Project, a collaboration between Citizenship and Immigration Canada
and Human Resources Development Canada (now called Service Canada),
Industry Canada, and the Software Human Resource Council (SHRC).
This project streamlined the entry of those workers whose skills
are in high demand in the software industry and whose entry into
the Canadian labour market would have no negative impact on
Canadian job seekers and workers.
Under the IT Pilot Project, Canadian employers no longer needed
to obtain pre-approval from Service Canada before an IT worker
would become eligible for a work permit. To qualify for this
expedited process, the offered job had to fit within one of seven
job descriptions: Senior Animation Effects Editor, Embedded Systems
Software Designer, MIS Software Designer, Multimedia Software
Developer, Software Developer-Services, Software Products
Developer, and Telecommunications Software Designer.
Each of the seven categories required that the applicant possess
a minimum level of education, along with at least two years'
work experience in the appropriate field and proficiency in
specific programming languages, platforms and other types of
computer-related technology. For foreign national employees who
qualified, the IT Pilot Project proved to be a very helpful tool to
enable Canadian employers to expedite the process of relocating
these employees to Canada and permitting them to enter the Canadian
labour market, where they can make a positive contribution to their
Starting October 1, 2010, employers who wish to hire temporary
foreign workers previously eligible for IT-facilitated processing
will be required to apply for an LMO in advance of being eligible
for a work permit. Before employers can apply for an LMO, they will
need to advertise the position within Canada for a certain period
of time. This requirement will increase the length of time involved
in bringing temporary workers to Canada. Because of the delay, it
is important that employers start thinking about immigration issues
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guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Software license agreements generally require the customer to pay fees for the software license and related services, which fees are usually based upon the duration of the license and the manner in which the customer is allowed to use the software, together with applicable taxes and withholdings.
In less than nine months, on July 1, 2017, persons affected by a contravention of Canada's anti-spam legislation will be able to invoke a private right of action to sue for compensation and potentially substantial statutory damages.
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