Canada

There has been a steady flow of lawyers into Canada of Australia and New Zealand lawyers in recent times. We are able to put you in touch with consultants in Canada and assist you in securing employment.

As an Australian am I entitled to work in Canada?

To obtain a visa as a skilled worker in Canada applicants must:

·         Meet the minimum work experience requirements;

·         Prove that they have the funds required for settlement; and

·         Earn enough points in the six selection factors to meet the pass mark.

You will meet the minimum work experience requirements if you have worked as a solicitor or barrister full time for at least one continuous year or the equivalent in part time continuous employment. The level of funds required under the second criteria will depend on the size of your family, however this requirement will not apply if you have arranged employment in Canada. The six selection factors are education, official languages, level of work experience, age, arranged employment in Canada and adaptability. You will be awarded points based on these factors and must score a minimum of 67 out of 100 points to pass. An online test estimating your score can be taken on the Citizenship and Immigration Canada website below.

In order to be able to work legally in Canada, you must have a Social Insurance Number (SIN) card. This card can be obtained from the Human Resources and Skills Development Canada (HRSDC) by presenting your passport and a valid work permit

As an Australian am I qualified to practise as a solicitor in Canada?

Australian lawyers who wish to be admitted in Canada can expect to be required to take between 30 and 60 credit hours in a Canadian law school. In determining the number of hours required, the National Committee of Accreditation assesses the applicant’s class of degree, taking into account grades in all subjects. Most applicants are required to take courses or examinations in the following subjects:

·         Administrative Law

·         Business Law (Corporate and Commercial)

·         Civil Litigation

·         Constitutional Law

·         Contracts

·         Criminal Law

·         Criminal Procedure

·         Estate Planning and Administration

·         Evidence

·         Family Law

·         Property

·         Real Estate

·         Taxation

·         Torts

·         Trusts, Equity, Remedies

The Committee also takes into account professional legal experience, the quality of the experience and the years of practice following admission as a solicitor or barrister.

Alternatively, you may wish to practice as a foreign legal consultant. In order to do so, you must obtain a permit from your regional law society. This will allow you to provide legal advice in respect of your home jurisdiction, trans-national and international transactions.

Who are the top law firms in Canada?

The following firms are considered to be the top firms in Canada:

Blake, Cassels & Graydon

Davies Ward Phillips & Vineberg

McCarthy Tétrault

Osler, Hoskin & Harcourt

Torys

Stikeman Elliott

Goodmans

Nathanson, Schachter & Thompson

Borden Ladner Gervais

Bull, Housser & Tupper

Farris, Vaughan, Wills & Murphy 

Koffman Kalef 

What are the tax rates in Canada?

Canada has a progressive personal income tax system. The current rates are as follows:

In addition, each province or territory has its own taxation system and a 7% goods and services tax applies.

Does Canada have a compulsory superannuation scheme?

Yes, if you are between the ages of 18 and 70 a small part of your pay cheque goes into the Canadian Pension Plan. When you retire, you will receive a monthly pension from the federal government. The current CPP rates are 4.95% for all income earned above $3,500, but not exceeding $42,100

In addition, a small percentage of your pay cheque will be deducted each month to go into the Employment Insurance account. Employment Insurances gives this money to eligible, unemployed Canadian residents for a short time, while they look for a new job or take some training to learn new skills. The current EI rate is $1.87 for every $100 earned up to a maximum of $729 per year.

As an Australian am I entitled to public healthcare in Canada?

Canada has a national health insurance program, often referred to as Medicare. In order to be eligible for health care treatment and services in Canada, you must have a permanent resident status. You will need to apply for a health insurance card and a 3-month waiting period applies after arrival in Canada. The health care services covered by Medicare include GP consultations, many types of surgeries, most treatment by specialists, hospital care, x-rays, many laboratory tests and most immunisations.

In addition, each province or territory has its own health plan which provides services to foreign workers who have a valid work permit. Private health insurance is also available in Canada from a variety of insurers.

Will I be able to set up and access a bank account as soon as I arrive in Canada?

Banking in Canada is very straightforward. You will need to set up a bank account when you arrive in Canada in order to receive your salary. In order to do so you will need to provide two government issued pieces of identification and proof of address. Foreign residents are usually also required to provide a reference from your employer or your previous bank. There are a variety of banks to choose from, the biggest being the Royal Bank of Canada, TD Canada Trust, Canadian Imperial Bank of Commerce, Bank of Nova Scotia and the Bank of Montreal. There are also many regional banks, credit unions and international banks.

How difficult is it to find rental accommodation in Canada?

Rental costs vary greatly across cities and across Canada. In Toronto, average rental prices are as follows:

You will be required to sign a one-year lease and to pay the first and last month’s rent at this time. It is also likely that you will be asked to provide a Canadian reference or to have a co-signer sign the lease to guarantee your financial commitment.

 
Can I drive in Canada with an Australian driver’s license?

You may only drive using your foreign driver’s licence for 60 days in Ontario and 90 days in British Columbia. In order to obtain a local driver’s licence, you must present a valid foreign driver’s licence to your provincial driving authority, pass a vision test and a written knowledge test regarding Canadian traffic rules. This will entitle you to a G1 licence, which allows you to drive a car when accompanied by a full licensed driver with at least 4 years driving experience. However, if you have more than 12 months foreign driving experience, you will be able to immediately take the practical driving examination, which will entitle you to a G2 licence. This does not require you to be accompanied by a licensed driver at all times, however other conditions do apply.

There is also a very reliable public transport system in all major cities. In Toronto the public transportation service is called the Toronto Transit Commission. It covers the entire city and uses a subway and bus network. The cost of one continuous trip on the TTC system is $2.50 or you can purchase daily, weekly or monthly continuous use tickets. A similar system exists in Montreal and Vancouver.

Useful Links

Citizenship and Immigration Canada: http://www.cic.gc.ca

Law Society of British Columbia: http://www.lawsociety.bc.ca

Law Society of Upper Canada: http://www.lsuc.on.ca

Federation of Law Societies of Canada: http://www.flsc.ca

Canada Revenue Agency: http://www.cra-arc.gc.ca

Health Canada: http://www.hc-sc.gc.ca

Ontario Ministry of Transport: http://www.mto.gov.on.ca

Translink: http://www.translink.bc.ca

The Newcomer’s Guide to Vancouver:

 http://www.city.vancouver.bc.ca/commsvcs/socialplanning/newtovancouver