Intra-Company Transfers (ICT) to Canada: A 2026 Legal Overview for Multinational Corporations

For international corporations considering expansion into the North American market, Canada remains a significant jurisdiction for growth. However, the regulatory framework governing corporate immigration has evolved. The “Intra-Company Transfer” (ICT) program involves specific eligibility criteria that are rigorously adjudicated by Immigration, Refugees and Citizenship Canada (IRCC). At Ahlawat Law Professional Corporation, we provide legal counsel to corporate executives and general counsel regarding Canadian immigration compliance. This article outlines the current legal standards for the ICT program as of January 2026, the specific eligibility tests, and the regulatory requirements that multinational entities must meet. What is the Intra-Company Transfer (ICT)? The Intra-Company Transfer is a federal immigration stream under the International Mobility Program (IMP). It is designed to facilitate the temporary transfer of qualified personnel from a foreign company to its related Canadian entity. The legal basis for this program is Regulation 205(a) of the Immigration and Refugee Protection Regulations (IRPR). This regulation permits officers to grant work permits without a Labour Market Impact Assessment (LMIA) where it is demonstrated that the transfer will provide a “significant economic, social, or cultural benefit” to Canada [1]. Eligibility Criteria: The Two-Part Assessment Eligibility is determined by an assessment of both the corporate structure and the individual nominee. 1. The Corporate Test: “Qualifying Relationship” A “qualifying relationship” must exist between the foreign enterprise and the Canadian enterprise. This relationship must be established at the time of the application and persist throughout the duration of the transfer. Before this can be tested the Company must demonstrate to be a Multi National Corporation i.e. it should have active operations in at-least two other countries. Simply incorporating in another jurisdiction doesn’t help, but there should be an organic, actively running business outside the home country before applying for ICT to Canada for establishing and running a Canadian Entity. Recognized corporate structures include: Requirement for Active Operations: Both the foreign and Canadian entities must be “doing business.” This is defined legally as the regular, systematic, and continuous provision of goods or services. The mere presence of an agent or office in Canada is generally insufficient [2]. 2. The Employee Test: Function & Tenure The individual being transferred must generally: Category Description Executive Directs the management of the organization or a major component; establishes goals and policies; exercises wide latitude in decision-making. Senior Manager Manages the organization, a department, subdivision, or function; supervises and controls the work of other managers or supervisors. Specialized Knowledge Possesses both “proprietary knowledge” and “advanced expertise” regarding the company’s product, service, research, equipment, techniques, or management. The Application Process The procedural requirements generally involve the following stages: Phase 1: Corporate Establishment Before an immigration application is filed, the Canadian entity typically must be legally established. This includes incorporation (Federal or Provincial), obtaining a Business Number (BN) from the Canada Revenue Agency, and securing physical commercial premises. Phase 2: Employer Compliance The Canadian entity must submit an Offer of Employment via the IRCC Employer Portal and pay the Employer Compliance Fee. This submission details the business activities, job duties, and wage compliance. Phase 3: Work Permit Application The foreign national applies for the work permit (typically form IMM 1295). The applicant bears the burden of proof to demonstrate the qualifying relationship, their tenure, and the economic benefit of their transfer. Regulatory Considerations for 2026 Policy guidelines and enforcement priorities change. Applicants and employers should be aware of the following: How We Assist Navigating cross-border business expansion requires adherence to strict legal protocols. Ahlawat Law Professional Corporation assists multinational clients by: Contact us to schedule a consultation regarding your business immigration needs. Endnotes & Official Sources: [1] Intra-company transferees [R205(a)] – General Overview: [2] Qualifying Relationship & Business Activity: [3] Specialized Knowledge Defined: Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Immigration laws and policies are subject to change. Readers should consult with a qualified lawyer for advice specific to their situation.

What to do if you are stuck as a Temporary Resident in Canada

Being a Temporary Resident (TR) in Canada comes with many opportunities but also challenges, especially if you find yourself stuck or uncertain about your immigration status. Recent changes in the 2025 federal budget and updated Immigration, Refugees and Citizenship Canada (IRCC) projections have reshaped what temporary residents can expect in the coming years. This guide provides clear, practical advice tailored for those stuck as temporary residents in Ontario or anywhere in Canada, emphasizing the importance of timely action and compliance. Recent Changes Impacting Temporary Residents The 2025 Canadian federal budget introduced significant reductions in the number of new temporary resident admissions, decreasing from approximately 673,650 in 2025 to about 385,000 in 2026, and around 370,000 in 2027 and 2028. This shift reflects the government’s effort to manage sustainable immigration levels while addressing infrastructure and integration concerns. However, it is not all downsizing. The government has committed to supporting temporary residents already here by introducing pathways to permanent residence for up to 33,000 work permit holders in 2026-2027, recognizing their contribution to the Canadian economy and communities. Additionally, accelerated permanent residence pathways are being offered for eligible Protected Persons, reflecting Canada’s ongoing commitment to humanitarian values. Dos and Don’ts If You Are Stuck as a Temporary Resident Dos: Don’ts: Positive Opportunities Amidst Challenges While the temporary resident intake targets have been reduced, the Canadian government has made a clear commitment to support temporary residents who contribute positively through work and community ties. The new programs accelerating permanent residence applications for eligible work permit holders provide a hopeful route to stability and longer-term security in Canada. Moreover, pathways for Protected Persons emphasize Canada’s dedication to protecting vulnerable individuals who cannot return safely to their home countries. As a temporary resident, this means there are pathways and support systems designed to help you navigate this period successfully. Final Thoughts If you find yourself stuck as a Temporary Resident in Canada, act swiftly to confirm and maintain your status. Ensure any expired status is restored promptly, always comply with your current conditions, and take advantage of new permanent residence pathways introduced in the latest federal budget. With proper guidance and timely action, temporary residents can protect their future and continue to contribute to Canada’s vibrant communities. For personalized advice tailored to your situation, consult with an experienced Ontario immigration lawyer who can help you understand your options and guide you through the application process. Useful Government Resources: This information is accurate as of November 2025 and reflects the latest IRCC policies and federal budget measures impacting temporary residents in Canada.

What to expect when coming to Canada for Short-Term Education in 2025

Are you planning to visit Canada for a short-term educational course in 2025? Here’s what you need to know, brought to you by Ahlawat Law PC, an Ontario law firm. What Qualifies as a Short-Term Course? What to Expect What You Should Be Aware Of What It Is Not Tip: Always check the latest requirements on the official Government of Canada website or consult with a licensed immigration lawyer or a RCIC for your specific situation. This post is for informational purposes only and does not constitute legal advice. For tailored guidance, contact Ahlawat Law PC.

Navigating Landlord-Tenant Disputes in Ontario

Renting a home or managing a rental property in Ontario can come with its fair share of challenges. Disagreements between landlords and tenants are common, and often arise from simple misunderstandings, delayed repairs, or missed rent payments. The good news? Most disputes can be handled smoothly with clear communication and a basic understanding of Ontario’s rental laws. Whether you’re a landlord or a tenant, here’s what you need to know. Common Reasons for Disputes 1. Late or Missed Rent Payments This is one of the most common issues.Tenants may face unexpected job loss or personal emergencies. Landlords, in turn, rely on rent to cover their own bills, including mortgages and maintenance. Tip: Talk early. A quick conversation or payment plan can prevent bigger problems later. 2. Repairs and Maintenance When repairs are delayed or ignored, disputes often follow. Keeping records of all repair requests and responses is helpful for both parties. 3. Deposit Disagreements Ontario has clear rules around deposits: Also, landlords must pay tenants interest on the rent deposit once a year. 4. Privacy and Entry Your home should feel like your own, even when you’re renting.Landlords must provide at least 24 hours’ written notice before entering a rental unit, and visits must happen between 8 a.m. and 8 p.m. (except during emergencies like flooding or fire). Unannounced or frequent visits without notice are not allowed. 5. Evictions Evictions in Ontario must follow strict legal procedures. A landlord cannot evict a tenant without: Valid reasons for eviction include unpaid rent, serious damage to the property, or if the landlord or a close family member needs to move in. The Law Behind It All Ontario’s Residential Tenancies Act (RTA) sets the rules for most rental relationships. The Landlord and Tenant Board (LTB) is the legal body that handles disputes and decides on issues like evictions, rent increases, and maintenance complaints. What to Do if There’s a Dispute 1. Talk it Through Most problems can be solved by speaking directly with the other person.Be calm and respectful—and always put any agreements in writing. 2. Try Mediation If a direct conversation doesn’t work, mediation is a good next step.A neutral person helps both sides find common ground. It’s often quicker and less expensive than a formal hearing. 3. File with the LTB If all else fails, either party can file an application with the Landlord and Tenant Board.You’ll need to provide documents such as emails, notices, photos, or receipts. After a hearing, the Board will make a legally binding decision. Tips to Avoid Future Issues Frequently Asked Questions Can a landlord evict a tenant without notice?No. Legal notice and approval from the Landlord and Tenant Board are required. Are security deposits allowed in Ontario?No. Only a last month’s rent deposit and a refundable key deposit are permitted. How long does it take to resolve a dispute at the LTB?It depends. Urgent matters may be heard within a few weeks, but most cases take several months due to backlogs. Final Thoughts Disputes between landlords and tenants don’t have to turn into full-blown legal battles. In most cases, clear communication, documentation, and an understanding of the law can help resolve things early. When that’s not possible, the Landlord and Tenant Board is there to help. If you have questions or need support navigating a rental issue, the team at Ahlawat Law Professional Corporation is here to help.

Understanding the Types of Work Permits in Canada: What Foreign Workers and Employers Need to Know

Canada’s robust economy and welcoming immigration policies make it an attractive destination for skilled professionals and employers. If you are considering working in Canada or hiring foreign talent, it is essential to understand the different types of Canadian work permits. This article provides a clear overview, relying exclusively on official Government of Canada information, and is written in accordance with the Law Society of Ontario’s (LSO) professional conduct requirements. Types of Canadian Work Permits 1. Employer-Specific Work Permit An employer-specific work permit (also known as a “closed” work permit) allows a foreign national to work in Canada for a particular employer, under specific conditions such as: Key Requirements: Who Should Apply:Foreign workers who have received a specific job offer from a Canadian employer, particularly when an LMIA is required. 2. Open Work Permit An open work permit allows the holder to work for almost any employer in Canada, except for those who are ineligible or offer certain adult services. Who is Eligible: Key Benefits:No job offer or LMIA is required to apply for an open work permit. Special Work Permit Programs Canada also offers several targeted programs and streams, including: Important Considerations How Ahlawat Law PC Can Assist Navigating Canada’s work permit system can be complex. Our experienced immigration lawyers can: Contact Us If you are considering working in Canada or hiring foreign talent, contact Ahlawat Law PC for a personalized consultation. We are committed to ensuring your application is compliant with the latest Canadian immigration laws and policies. All information in this article is sourced from the official Government of Canada website. Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please consult a qualified immigration lawyer licensed by the Law Society of Ontario.

What Corner Brook (City) v. Bailey Means for Ontario Businesses

When parties settle disputes, releases are used to bring finality. But how far does a release go? Can it bar claims that weren’t specifically contemplated? The Supreme Court of Canada’s decision in Corner Brook (City) v. Bailey, 2021 SCC 29, offers important guidance for anyone drafting or relying on releases in Ontario and across Canada1. Overview of the Case In 2009, Mary Bailey struck a City of Corner Brook employee with her husband’s car. Bailey and her husband sued the City for property damage and personal injury. The parties settled in 2011, and Bailey signed a broad release discharging the City from liability relating to the accident. Years later, Bailey brought a third-party claim against the City for contribution or indemnity in a separate action brought by the injured employee. The City argued that the release barred Bailey’s third-party claim. The lower court agreed, but the Newfoundland and Labrador Court of Appeal reversed that decision. The Supreme Court of Canada ultimately reinstated the lower court’s decision, holding that the release did indeed bar Bailey’s claim. Key Legal Principles from the Supreme Court 1. No special rule for releasesThe Supreme Court confirmed that releases are contracts and should be interpreted using the same general principles as any other contract. The so-called “Blackmore Rule,” which limited releases to matters specifically in the contemplation of the parties, has been overtaken by modern contract law principles. Releases are not subject to any special interpretive rule. 2. The Sattva Approach AppliesThe Court reaffirmed the approach from Sattva Capital Corp. v. Creston Moly Corp.: contracts, including releases, must be read as a whole, giving words their ordinary meaning in the context of the circumstances known to both parties at the time. The focus is on objective knowledge and intention, not subjective belief1. 3. Broad Releases Can Cover Unknown ClaimsA release can bar claims that are unknown at the time of signing, as long as the language is sufficiently clear. The broader the wording, the more important it is to ensure the context matches the parties’ objective intentions. Parties can agree to release even claims they could not have anticipated, provided the wording supports that intention1. 4. Drafting Guidance for Ontario BusinessesThe decision highlights the importance of careful drafting: Implications for Ontario Businesses and Individuals For Ontario businesses, startups, and individuals—especially those settling disputes or entering into business transactions—this decision underscores the need for precise, thoughtful drafting of releases. Overly broad releases may bar future claims, even those not specifically contemplated, while narrowly tailored releases reduce the risk of unintended consequences1. If you are negotiating a settlement or drafting a release, it is crucial to: Conclusion The Supreme Court’s decision in Corner Brook (City) v. Bailey modernizes and clarifies the law on releases in Canada. At Ahlawat Law PC, we help clients navigate the complexities of contract drafting and dispute resolution, ensuring that your agreements reflect your intentions and protect your interests for the long term. This post is for informational purposes only and does not constitute legal advice. The information provided may not reflect the most current legal developments. For advice regarding your specific situation, please consult a qualified lawyer licensed to practise in Ontario Read the decision here: Corner Brook (City) v. Bailey, 2021 SCC 29 (CanLII), [2021] 2 SCR 540, <https://canlii.ca/t/jh43g>, retrieved on 2025-06-26

A simple guide to International contracts for Canadian startups

Starting a business in Canada is tough. Landing your first international client feels like a huge win. But that excitement can vanish fast if the contract you sign creates more problems than it solves. Let’s start with a real-world story about a client of ours. It’s a perfect example of what can go wrong. The Three-Country ‘Mix-Up‘ of a StartUp An Ontario tech startup, let’s call them “TechCo,” was thrilled to sign a deal with a big German client. Here was the setup: To keep things “simple,” the contract said the German client should pay the Indian company directly. But the contract was missing some very important details. It didn’t say which country’s courts would handle disputes, and it was silent on taxes. When a disagreement popped up, TechCo was in a world of trouble: This story shows why getting the contract right is so important. Here’s what you need to watch out for. 1. Decide Who Has “Home Field Advantage” (Jurisdiction) Every cross-border contract needs two crucial clauses right at the start: Governing Law and Jurisdiction. Why it matters: If you don’t set these rules in the contract, you could spend a fortune just figuring out where to even start a legal fight. 2. Protect Your Big Ideas (Intellectual Property) For most startups, your ideas and inventions are your most valuable assets. Your contract must protect them. Why it matters: Without clear IP protection, a foreign partner or competitor could legally copy your idea and sell it in their market, and you wouldn’t be able to do a thing about it. 3. Be Careful with People’s Information (Data Privacy) If you handle any personal information from customers or clients, you have to follow privacy laws. This gets tricky with international deals. Why it matters: A data breach on an international project can get you in trouble with the law in more than one country, costing you a lot of money and ruining your reputation. 4. Have a Plan for Disagreements (Dispute Resolution) Even with a great contract, you might still have disagreements. Instead of going straight to a long and expensive court battle, plan for a better way. Why it matters: A simple dispute resolution plan can save your business relationship and prevent a disagreement from turning into a costly legal war. 5. Get the Money Details Right (Payments and Taxes) Fuzzy details about money can sink your company. This area is full of traps, especially when dealing with the Canada Revenue Agency (CRA). Here’s how to protect yourself: The Bottom Line Doing business internationally is a fantastic way for a Canadian startup to grow. But it comes with risks. A clear, simple, and smart contract is your best line of defense. Before you sign any international deal, it’s wise to get advice from a legal expert who understands these challenges. At Ahlawat Law PC, we help Canadian startups like yours navigate the world of cross-border business safely. Don’t risk your hard work. Let’s talk before you sign.

Who Qualifies to Seek Asylum in Canada?

Introduction Canada’s refugee protection system offers protection to individuals who have a well-founded fear of persecution or are at risk of torture, risk to life, or risk of cruel and unusual treatment or punishment if returned to their country of nationality or habitual residence. Recent legislative amendments, including the Strong Borders Act (Bill C-2, 2025), have introduced significant changes to the eligibility and process for making a claim for refugee protection in Canada. Eligibility to Make a Refugee Claim Pursuant to the Immigration and Refugee Protection Act (IRPA), a person may seek refugee protection in Canada if they are: A claim for refugee protection may be made at a port of entry upon arrival in Canada or at an inland Immigration, Refugees and Citizenship Canada (IRCC) office. Ineligibility to Make a Refugee Claim Under section 101 of IRPA, a claim for refugee protection is ineligible to be referred to the Immigration and Refugee Board (IRB) if: Application Process 1. Making a Claim A claim for refugee protection may be made at a port of entry or, if already in Canada, through the IRCC online portal. 2. Eligibility Interview A Canada Border Services Agency (CBSA) or IRCC officer will conduct an eligibility interview to determine if the claim is eligible for referral to the IRB’s Refugee Protection Division. 3. Basis of Claim Form If the claim is eligible, the claimant must complete and submit a Basis of Claim (BOC) Form, providing detailed reasons for seeking protection. 4. Hearing The IRB will schedule a hearing where the claimant may present evidence and testimony in support of their claim. 5. Decision The IRB will render a decision to either grant or refuse refugee protection. If protection is granted, the claimant may apply for permanent residence as a protected person. Legislative Changes: Strong Borders Act (Bill C-2, 2025) The Strong Borders Act has introduced amendments to the IRPA, including: Claimants are advised to review the most recent legislative and regulatory updates or consult legal counsel to ensure compliance with all current requirements. Contact Ahlawat Law PC If you require legal advice or representation regarding a refugee claim or have questions about your eligibility under the current law, please contact Ahlawat Law PC for a confidential consultation. Disclaimer This post is for informational purposes only and does not constitute legal advice. For advice regarding your specific circumstances, please consult a qualified Canadian immigration lawyer. References: Government of Canada – Strong Borders Act (Bill C-2) Summary Immigration and Refugee Protection Act, S.C. 2001, c. 27 Immigration, Refugees and Citizenship Canada – Refugee claims in Canada: Who can apply Immigration and Refugee Board of Canada – Making a claim for refugee protection

Federal Court overturns IRCC refusal for failing to properly assess Substituted Evaluation in Start-up Visa application

On June 6, 2025, the Federal Court rendered a significant decision in Helmzadeh v. Canada (Minister of Citizenship and Immigration), 2025 FC 1023, granting judicial review of a visa officer’s refusal to substitute an applicant’s language test results in the context of a Start-up Business Class permanent residence application. This judgment provides important guidance on the exercise of discretion under s. 98.10 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRPR”), and the standard of reasonableness in administrative decisions. Background The principal applicant, Dr. Zohreh Helmzadeh, a former physician from Iran, applied for permanent residence under the Start-up Business Class, intending to establish a healthcare technology company in Vancouver. Although already residing in Canada on a work permit, Dr. Helmzadeh’s application was denied after her International English Language Testing System (IELTS) scores fell short of the required Canadian Language Benchmark (CLB) 5 in all four skill areas, as mandated by IRPR, s. 98.01(2)(b). Specifically, she scored 4.5 in Listening, with passing scores in the other areas. After this refusal, Dr. Helmzadeh sought a substituted evaluation under s. 98.10(1) of the IRPR, arguing her professional background and the impact of COVID-19 on her ability to retest justified such discretion. The officer denied this request, prompting the application for judicial review1. Legal Framework Issues Before the Court The Court considered two main issues: The Court’s Analysis and Findings 1. Mootness The Minister argued that, since the commitment certificate had expired before the application was filed, the applicant was ineligible for a substituted evaluation. The Court held there remained a live controversy, particularly as pandemic-era policies (e.g., OB 669) might have affected the assessment of expired commitments. Importantly, the officer’s reasons did not reference the expired certificate, and the Court could not supplement the decision with post hoc rationales1. “If the expiry of the Commitment Certificate were an underlying reason for the rejection … it was for the Officer, rather than the Respondent now, to provide this justification. Reasonableness review starts with the reasons themselves…” (Helmzadeh, at para 21)1. 2. Reasonableness of the Officer’s Decision Applying the Vavilov reasonableness standard, the Court found the officer’s decision deficient. The officer focused solely on the applicant’s failure to meet the language benchmark, without considering whether, in light of her overall profile (including medical expertise and entrepreneurial background), the language requirement was a sufficient indicator of her ability to become economically established in Canada. The Court emphasized that s. 98.10(1) IRPR requires a holistic assessment—not merely a reconsideration of language scores. The officer’s reasons did not demonstrate such an analysis, nor did they address the applicant’s submissions regarding her professional experience. “What is to be potentially substituted is not merely the replacement of the evaluation of the language test results … but rather an overall evaluation of an applicant’s ability to become economically established in Canada. There is no indication in the Decision that this was considered…” (Helmzadeh, at para 27)1. The Court also reiterated that administrative decision-makers cannot have their reasons supplemented by arguments raised after the fact by the Minister on judicial review (Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157; Vavilov, at para 97)1. Disposition The Federal Court allowed the application for judicial review, set aside the officer’s decision, and remitted the matter for redetermination by a different officer. No question of general importance was certified1. Practical Implications Conclusion Helmzadeh reinforces the importance of reasoned decision-making in Canadian immigration law, particularly where officers exercise discretionary powers. Applicants for the Start-up Visa Program who seek substituted evaluations must be afforded a meaningful analysis of their overall ability to become economically established, not just a mechanical application of language test results. For more information or assistance with Start-up Visa applications and judicial reviews, contact Ahlawat Law Professional Corporation. References: 1 Helmzadeh v. Canada (Minister of Citizenship and Immigration), 2025 FC 1023 (Federal Court Judgment and Reasons, June 6, 2025).2 Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65.

Should You Hire an Immigration Lawyer for a Canadian Visitor Visa?

Key Evaluation Criteria and Legal Guidance for 2025 Visitor Visa refusals are at record highs If you are applying for a Canadian visitor visa in 2025, you need to be aware that refusal rates have reached unprecedented levels. Recent government data shows that in 2024, Immigration, Refugees and Citizenship Canada (IRCC) refused 1.95 million visitor visa applications, representing a refusal rate of 54%—up from 40% the previous year. For some countries, refusal rates now exceed 61%, a direct result of stricter border security measures and enhanced scrutiny by Canadian authorities.[i] Why even “Simple” cases now require careful assessment What may seem like a straightforward case can quickly become complicated under current IRCC practices. Officers are trained to scrutinize every detail, and any inconsistency, incomplete documentation, or perceived lack of ties to your home country can lead to a refusal. Even minor errors or omissions can result in a finding of misrepresentation, which carries severe penalties including a five-year ban from entering Canada.[ii] Evaluation Criteria: When to consult a licensed immigration  lawyer or consultant You should strongly consider consulting a licensed immigration lawyer or Regulated Canadian Immigration Consultant (RCIC) if: The risks of using unlicensed agents or travel agencies Canadian law requires that anyone providing immigration advice or representation for a fee must be either a lawyer in good standing with a Canadian law society or a licensed RCIC, regulated by the College of Immigration and Citizenship Consultants (CICC). Using an unlicensed agent or a travel agency, whether in Canada or abroad, can have serious consequences: How to Verify a Licensed Immigration Professional You can verify the status of an RCIC or lawyer by visiting the CICC website or the relevant law society’s public directory. What to do if you suspect past misrepresentation If you believe an unlicensed agent or travel agency may have submitted your application using false, incomplete, or forged documents, you should immediately consult a licensed immigration lawyer. Early legal advice can help you assess your situation, take corrective action, and protect your future immigration prospects. Key Takeaways For tailored legal advice or to review your case, contact our firm to speak with a licensed Canadian immigration lawyer. Sources: [i] https://immigrationnewscanada.ca/canada-refuses-study-work-visitor-visas/ [ii] https://www.cicnews.com/2025/03/visitor-visa-refusals-for-canada-are-on-the-rise-heres-how-you-can-avoid-them-0352304.html#gs.n7w1sg