This is a guest post by our friend Avi Gomberg of Gomberg Dalfen S.E.N.C., a law firm specializing exclusively in Canadian immigration law. For additional information, contact the team at Gomberg Dalfen here.

Effective today, November 10, 2016, certain international travelers will need an entry document called an Electronic Travel Authorization (eTA) to travel by air to Canada. This applies to visa-exempt foreign nationals, in other words, non-Canadians who are not required to have a visa to enter Canada. The requirement only applies to those traveling by air, not those traveling by land or sea. It does not apply to citizens of the United States (those with U.S. residency (Green Cards) will require an eTA). Thus, if you require a visa to enter Canada or you are a U.S. citizen, you will not require an eTA. 
 
What is the purpose of the eTA?
 
The implementation of the eTA program is a result of the Canada-United States Perimeter Security and Economic Competitiveness Action Plan. In essence, the eTA is a security measure that allows the Canadian authorities to screen foreign travellers before they arrive in order to ensure that they are not inadmissible to Canada. In the absence of such a pre-screening measure, visa-exempt foreign nationals are not systematically screened for admissibility until they arrive at a Canadian port of entry. The eTA will allow the Canadian authorities to lessen the expense and delay to travellers, airlines and the Canadian government caused by the significant volume of travellers being deemed inadmissible when arriving at Canadian ports of entry. Reasons for inadmissibility include membership in terrorist groups, participation in war crimes or crimes against humanity, membership in organized crime groups, criminality, or public health risks. The United States has already implemented a similar travel authorization program. Travellers will need to show the eTA before boarding a flight to Canada, or they will not be permitted to fly to Canada.
 
It is important to note that the requirement to obtain an eTA does not dispense with any other authorizations or requirements applicable to the traveler such as work permits or study permits. In addition, the traveler remains subject to examination by the Canada Border Services Agency upon arrival in Canada.
 
Who will need an eTA?
 
Citizens of the following countries will need an eTA to travel to Canada by air as of November 10, 2016: Andorra; Antigua and Barbuda; Australia; Austria; Bahamas; Barbados; Belgium; British citizens*; Brunei; Chile; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hong Kong*; Hungary; Iceland; Ireland; Israel*; Italy; Japan; Republic of Korea; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Monaco; Netherlands; New Zealand; Norway; Papua New Guinea; Poland; Portugal; Samoa; San Marino; Singapore; Slovakia; Slovenia; Solomon Islands; Spain; Sweden; Switzerland; Taiwan* and Vatican City (Holy See)* - best to always consult the Canadian government’s website: http://www.cic.gc.ca/english/visit/visas.asp#wb-sec
 
* Please note that certain citizens of these countries do require Visas to travel to Canada and hence would not need an eTA
 
Certain individuals are exempt from the eTA requirement. This group includes individuals who hold a valid Canadian temporary resident visa, members of the British Royal Family, and certain foreign nationals seeking only to transit through Canada as a passenger on a flight stopping in Canada for the purpose of refueling, among others.
 
How to get an eTA?
 
Applicants can access the eTA application online at www.canada.ca/eTA. Applicants will have to provide passport details, basic personal information, responses to background questions and contact information. The online application process also allows the applicant to indicate whether there are any additional details pertinent to the application, where applicants can indicate any urgent need to travel to Canada, if applicable. No documents are required for the eTA application. The Canadian authorities may request additional documents later, to be submitted manually. Once the application is submitted, the applicant will receive an automated email confirming receipt and containing an application number and a link by which the applicant can check the status of the application. The cost is CAD$7.00. Applicants who are unable to submit the application electronically because of a physical or mental disability may do so by other means, including a paper form of application.
 
The eTA itself is an electronic document. There is no paper evidence or counterfoil provided to the applicant upon approval. Air carriers have access to the Canada Border Security Agency’s database to confirm the presence of an eTA prior to boarding the aircraft. Before a boarding pass is issued, the air carrier must receive an “ok to board” message from the CBSA database.
 
How long will it take to process and eTA?
 
Most eTA applications are approved within minutes of applying. However, some requests may need more time to process. If this is the case for an application, one can expect an email from Citizenship and Immigration Canada within 72 hours that tells you what the next steps are.
 
How long is the eTA valid?
 
The eTA is linked to the applicant’s passport. It is valid for five years or until the passport expires, whichever occurs first. The same passport used to obtain the eTA must be used for travel with the eTA.

Gomberg Dalfen S.E.N.C. provides this newsletter as a service to its clients and colleagues, to provide updates on changes in Canadian immigration law. The information contained in this newsletter is not intended as legal advice, and persons receiving this information should not act on it without consulting professional legal counsel.

This is a guest post by our friend Avi Gomberg of Gomberg Dalfen S.E.N.C., a law firm specializing exclusively in Canadian immigration law. For additional information, contact the team at Gomberg Dalfen here.

​Effective March 15, 2016, certain international travelers will need an entry document called an Electronic Travel Authorization (eTA) to travel by air to Canada. This applies to visa-exempt foreign nationals, in other words, non-Canadians who are not required to have a visa to enter Canada. The requirement only applies to those traveling by air, not those traveling by land or sea. It does not apply to citizens of the United States (those with U.S. residency (Green Cards) will require an eTA). Thus, if you require a visa to enter Canada or you are a U.S. citizen, you will not require an eTA. 
 
What is the purpose of the eTA?
 
The implementation of the eTA program is a result of the Canada-United States Perimeter Security and Economic Competitiveness Action Plan. In essence, the eTA is a security measure that allows the Canadian authorities to screen foreign travellers before they arrive in order to ensure that they are not inadmissible to Canada. In the absence of such a pre-screening measure, visa-exempt foreign nationals are not systematically screened for admissibility until they arrive at a Canadian port of entry. The eTA will allow the Canadian authorities to lessen the expense and delay to travellers, airlines and the Canadian government caused by the significant volume of travellers being deemed inadmissible when arriving at Canadian ports of entry. Reasons for inadmissibility include membership in terrorist groups, participation in war crimes or crimes against humanity, membership in organized crime groups, criminality, or public health risks. The United States has already implemented a similar travel authorization program. Travellers will need to show the eTA before boarding a flight to Canada, or they will not be permitted to fly to Canada.
 
It is important to note that the requirement to obtain an eTA does not dispense with any other authorizations or requirements applicable to the traveler such as work permits or study permits. In addition, the traveler remains subject to examination by the Canada Border Services Agency upon arrival in Canada.
 
Who will need an eTA?

Citizens of the following countries will need an eTA to travel to Canada by air as of March 15, 2016: Andorra; Antigua and Barbuda; Australia; Austria; Bahamas; Barbados; Belgium; British citizens*; Brunei; Chile; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hong Kong*; Hungary; Iceland; Ireland; Israel*; Italy; Japan; Republic of Korea; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Monaco; Netherlands; New Zealand; Norway; Papua New Guinea; Poland; Portugal; Samoa; San Marino; Singapore; Slovakia; Slovenia; Solomon Islands; Spain; Sweden; Switzerland; Taiwan* and Vatican City (Holy See).* It is best to always consult the Canadian government’s website for the most current list.

* Please note that certain citizens of these countries do require Visas to travel to Canada and hence would not need an eTA

Certain individuals are exempt from the eTA requirement.  This group includes individuals who hold a valid Canadian temporary resident visa, members of the British Royal Family, and certain foreign nationals seeking only to transit through Canada as a passenger on a flight stopping in Canada for the purpose of refueling, among others.
 
How to get an eTA?
 
Applicants can access the eTA application online at www.canada.ca/eTA. Applicants will have to provide passport details, basic personal information, responses to background questions and contact information. The online application process also allows the applicant to indicate whether there are any additional details pertinent to the application, where applicants can indicate any urgent need to travel to Canada, if applicable.   No documents are required for the eTA application. The Canadian authorities may request additional documents later, to be submitted manually. Once the application is submitted, the applicant will receive an automated email confirming receipt and containing an application number and a link by which the applicant can check the status of the application. The cost is CAD$7.00. Applicants who are unable to submit the application electronically because of a physical or mental disability may do so by other means, including a paper form of application.
 
The eTA itself is an electronic document. There is no paper evidence or counterfoil provided to the applicant upon approval. Air carriers have access to the Canada Border Security Agency’s database to confirm the presence of an eTA prior to boarding the aircraft. Before a boarding pass is issued, the air carrier must receive an “ok to board” message from the CBSA database.
 
How long will it take to process an eTA?
 
Most eTA applications are approved within minutes of applying. However, some requests may need more time to process. If this is the case for an application, one can expect an email from Citizenship and Immigration Canada within 72 hours that tells you what the next steps are.
 
How long is the eTA valid?
 
The eTA is linked to the applicant’s passport. It is valid for five years or until the passport expires, whichever occurs first. The same passport used to obtain the eTA must be used for travel with the eTA.

Gomberg Dalfen S.E.N.C. provides this newsletter as a service to its clients and colleagues, to provide updates on changes in Canadian immigration law. The information contained in this newsletter is not intended as legal advice, and persons receiving this information should not act on it without consulting professional legal counsel.

Citizenship and Immigration Canada (“CIC”) has unveiled a new employer compliance form under the International Mobility Program. Based on the new regulations, employers are now required to file employment confirmation information prior to filing a foreign worker work permit application.

As of February 21, 2015, applying for a work permit requires a two-step application process:

1. An employer immigration compliance filing in Canada; and
   
2. The employee work permit application, supported by the employer’s in-Canada application filing.

This new procedure applies to Labour Market Impact Assessment Exempt (LMIAE) work permits. These include intra-company transfers, trade agreement work permits (such as NAFTA, GATS and Canada’s free trade agreements with Peru, Columbia, Chile and South Korea) reciprocal agreements, spousal work permits, open work permits, significant benefit exemptions, provincial/territorial agreements, and others.

This new employer work permit compliance filing process will require employers to provide employment information directly to CIC when hiring foreign nationals under the International Mobility Program. The information provided by employers will form the basis of future compliance assessments when employers are inspected.

Specifically, employers will be required to provide the following information:

•  Name, address, contact information;
  
•  Business number (if applicable);
  
•  Relevant employment information;
  
•  Information supporting use of the LMIA-exemption;
  
•  Offer of employment using the form made available by CIC; and
  
•  $230 fee payable by employers for each LMIA-exempt employer-specific work permit application, including renewals, unless exempt by policy.
  

The $230 fee and employment information must be submitted by the employer before a foreign national makes an application for a work permit. If employers do not meet the above requirements when hiring foreign nationals under employer-specific LMIA-exemptions, officers will refuse the work permit application by the foreign national.

Aside from the government revenue generation of this new program, it is designed to ensure that the government receives information directly from the employer regarding the employment position. This will enable the government to verify compliance with the International Mobility Program regulatory requirements. The Regulatory Impact Analysis Statement from the government indicates that the information will be utilized for government employer compliance processes. The government seeks to bolster their enforcement authority in employer compliance inspections. These regulations will enhance CIC’s legislative authority to inspect employers. The government will conduct on-site inspections without a warrant.

At employer on-site inspections, CIC will require employers to provide documents that demonstrate compliance with the job offer, including payroll and taxation documentation, time sheets, foreign worker activities and responsibilities, location of employment and other types of government and non-government documentation. CIC may also interview foreign workers or Canadian employees to determine employer compliance.

The regulatory penalties for employer non-compliance with immigration filings can include jail terms and fines for the officers and directors of the employer.