Share on LinkedInShare on LinkedIn

ARTICLE · 13 JUNE 2014

Proving ‘Specialized Knowledge' Just Got Harder For Intra-Company Transferees

McMillan LLP
McMillan LLP
Contributor
McMillan LLP

McMillan LLP

The firm : McMillan LLP is one of Canada’s leading national law firms with offices in Montreal,...

View firm profile
Explore more from McMillan LLP

The Government has released stringent guidelines for immigration and border officers to assess an application to qualify as a "Specialized Knowledge Worker".

CanadaImmigration
McMillan LLP
McMillan LLP
Author LinkedIn connections

In keeping with its objective of ensuring Canadian employers look to the domestic work force as a priority, the Government of Canada has released stringent guidelines for immigration and border officers to assess a work permit application from a foreign worker seeking to qualify as a "Specialized Knowledge Worker".

By way of background, a Canadian employer seeking to hire an intra-company transferee (ICT) from abroad is exempted from first having to test the Canadian labour market by recruiting within Canada and applying for a Labour Market Opinion, if the transferee is an executive or senior manager, or is a specialized knowledge worker. Operational Bulletin 575 was issued on June 9, 2014 to provide expanded assessment guidelines for determining who qualifies under the specialized knowledge category. Effective immediately, the assessment criteria now include a more onerous definition of "specialized knowledge", as well as a mandatory wage requirement for ICTs (other

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Canadian Citizenship By Descent Landscape In 2026: Extended Processing Times, New Documentation Requirements, And What Applicants Should Know

Bill C-3 came into force in December 15, 2025 and Canadian citizenship by descent has since expanded beyond the former first-generation limit. Whilst this expanded framework has created significant new opportunities for thousands of individuals who may have Canadian lineage, born or adopted outside of Canada, recent developments have also demonstrated that obtaining Canadian citizenship by ancestry is no longer simply a matter of proving a distant family connection.
CanadaImmigration
Harvey Law Group
Harvey Law Group
Article

Understanding The C10 Significant Benefit Work Permit — A Strategic LMIA-Exempt Pathway

Green and Spiegel LLP provides comprehensive immigration law services across Canada and the United States, offering both corporate and individual immigration solutions. The firm maintains offices in Toronto and Philadelphia, serving clients with expertise in business immigration, risk management, and workforce mobility. With dedicated teams for Canadian and U.S. immigration matters, the firm delivers strategic counsel for organizations and individuals navigating complex immigration processes.
CanadaImmigration
Green and Spiegel LLP
Green and Spiegel LLP
Article

Intra Company Transfers To Canada: Immigration Considerations For Multinational Companies

Multinational companies seeking to transfer key personnel to Canada may utilize the intra-company transferee (ICT) work permit, an LMIA-exempt pathway for executives, managers, and specialized knowledge workers. Understanding the qualifying criteria, corporate relationships, and common pitfalls is essential for successful applications, particularly when establishing new Canadian operations.
CanadaImmigration
Green and Spiegel LLP
Green and Spiegel LLP
Article

Powering Up: Grid Access, Strategic Screening And Canada’s Emerging Data Centre Regimes

Canada is rapidly becoming a key destination for data centre investment, fueled by artificial intelligence and cloud computing growth. However, this expansion places unprecedented demands on electricity grids, water resources, and local communities. As federal and provincial governments introduce new frameworks to manage these resource challenges, developers and investors must navigate an increasingly complex landscape where power strategy...
CanadaEnergy and Natural Resources
McMillan LLP
McMillan LLP
Article

Cleared For Investment: Canada Opens The Door To Private Capital At Its Largest Airports

Prime Minister Mark Carney has announced plans to seek private investment through long-term concessions to operate Canada's four largest airports: Toronto Pearson, Vancouver, Montréal-Trudeau and Calgary. While the government would retain ownership of underlying land and assets, this represents a fundamental shift from the current not-for-profit airport authority model that has governed these facilities since the 1990s.
CanadaTransport
McMillan LLP
McMillan LLP
Article

Building Momentum: Canada Advances Major Projects Under The Building Canada Act

The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ
CanadaGovernment, Public Sector
McMillan LLP
McMillan LLP
Article

Speculation Or Security: Canada’s Evolving Regulatory Framework For Prediction Markets

Canadian securities regulators have established a limited framework for prediction markets, restricting which event contracts can be offered to investors and under what conditions. While certain economic and financial forecasts may be traded through authorized dealers, contracts based on political events, sports, or entertainment remain prohibited, and compliance with securities law does not resolve potential exposure under criminal gambling provisions.
CanadaFinance and Banking
McMillan LLP
McMillan LLP
Article

New Performance Standards For Button/Coin Batteries And Products Containing Them Now In Effect In Canada

Health Canada has introduced mandatory performance standards for consumer products containing button/coin batteries, requiring immediate compliance from manufacturers, importers, advertisers, and sellers. Companies must now certify that their products, packaging, and labelling meet specified safety criteria or equivalent standards to mitigate ingestion hazards. This regulatory update offers a more flexible, outcomes-based approach compared to the prescriptive requirements of Reese's Law in the United States
CanadaConsumer Protection
McMillan LLP
McMillan LLP
Article

Canada’s Productivity Mega Deduction: Big Name, Big Opportunities For Business Aviation

Canada's proposed Productivity Mega Deduction would allow businesses to immediately write off the full cost of newly acquired capital assets, including aircraft and flight simulators, rather than spreading deductions over multiple years. This permanent change to the capital cost allowance regime could significantly benefit the business aviation industry, though taxpayers must carefully consider timing, income requirements, and documentation to maximize the deduction's value.
CanadaTax
McMillan LLP
McMillan LLP
Article

Changes To Fisheries Act Authorizations Regulations Streamline Application Process

On October 15, 2026, amendments to Canada's Fisheries Act Authorizations Regulations will streamline the application process for projects affecting fish and fish habitat. How will the new risk-based approach to offsetting requirements, deferred financial guarantees, and expanded ministerial powers reshape regulatory compliance for proponents navigating federal environmental approvals?
CanadaEnvironment
McMillan LLP
McMillan LLP