foreign workers, international tax and oil & gas market update
DESCRIPTION
In this presentation, FMC Partner Shawna Vogel and Associate Yasmeen Nizam team up with MNP Partner David Yager and Associate Kathy Bonazew to deliver information about foreign workers, international tax and oil & gas market updates. The following topics are discussed: - We Need Foreign Workers Now - New Developments in Permanent Residence Applications for Workers - State of Canada’s Oil & Gas Industry and Future Employment Needs - Taxation in CanadaTRANSCRIPT
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Foreign Workers, International Tax and an Oil & Gas Market UpdateThursday, March 21, 2013
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We Need Foreign Workers Now
Presenter: Shawna VogelFMC Partner
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We Need Foreign Workers Now
General Rule – prove no Canadian can fill the job unless exception applies
•NAFTA WORK PERMITS‐ Professional‐ Intracompany Transferee
•GATS WORK PERMITS‐ Professional ‐ limited‐ Intracompany Transferee – same rules
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A. LMO and A‐LMO
1. Key Elements
• Advertise position
• Qualify candidates
• Apply for and obtain Labour Market Opinion Confirmation (“LMO”)
• Obtain work permit
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2. Changes ‐ A‐LMO – Accelerated LMO
• 10 day processing
• Advertising and all other requirements still apply –post issuance VERIFICATION
• Only applies if positive LMO issued to employer in last 2 years
• Positions – NOC O, A, B (management, professional, technical)
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3. Changes – Wages under LMO
• New Rule – must pay (i) same wage to TFW as to Canadian employees, and (ii) median wage (or up to 5% ‐15% variance)
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B. Alberta Programs
Work Permit• (specific semi‐skilled worker occupations)• No LMO
PR Programs• Skilled Worker, Semi‐skilled in certain industries
(employer driven)• International graduate• Certain Trades, Certain Engineering professions
(employee driven)
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C. New
• Compliance Requirements
• AB Pilot project for working‐age dependent children of skilled workers
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1. Passport expiry
2. Medical, TRV, Criminality• Delays due to need of medicals (where employee has
been in “medically‐required country for 6 months in last year)
• Delays (and change of venue of application) because of nationality (and not residence) of employee
• Criminal record – be prepared
D. Tips
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New Developments in Permanent Residence Applications for Workers
Presenter: Yasmeen NizamFMC Associate
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New Developments in Permanent Residence Applications for Workers
• Federal Skilled Trade Worker Program
• Federal Skilled Worker Class
• Canadian Experience Class
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Federal Skilled Trade Worker Class
• Citizenship & Immigration Canada began accepting PR applications on January 2, 2013
• 3000 applications for specific trades will be accepted until January 1, 2014
• Within the 3000, no limit on 26 in demand occupations• 17 occupations subject to sub limits of 100 applications
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Group A – Jobs with sub‐caps of 100 applications each (and their corresponding 2011 NOC code)• 7202 Contractors and supervisors, electrical trades and telecommunications occupations
• 7204 Contractors and supervisors, carpentry trades• 7205 Contractors and supervisors, other construction trades, installers, repairers and servicers
• 7271 Carpenters• 7301 Contractors and supervisors, mechanic trades
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Group A – Jobs with sub‐caps of 100 applications each (and their corresponding 2011 NOC code)
• 7302 Contractors and supervisors, heavy equipment operator crews
• 8211 Supervisors, logging and forestry• 8221 Supervisors, mining and quarrying• 8222 Contractors and supervisors, oil and gas drilling services• 8241 Logging machinery operators• 8252 Agricultural service contractors, farm supervisors and specialized livestock workers
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Group A – Jobs with sub‐caps of 100 applications each (and their corresponding 2011 NOC code)
• 9211 Supervisors, mineral and metal processing• 9212 Supervisors, petroleum, gas and chemical processing and utilities
• 9214 Supervisors, plastic and rubber products manufacturing• 9231 Central control and process operators, mineral and metal processing
• 9241 Power engineers and power systems operators• 9243 Water and waste treatment plant operators
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Group B – no sub‐caps (2011 NOC code)
• 7231 Machinists and machining and tooling inspectors• 7233 Sheet metal workers• 7235 Structural metal and plate work fabricators and fitters• 7236 Ironworkers • 7237 Welders and related machine operators• 7241 Electricians (except industrial and power system)
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Group B – no sub‐caps (2011 NOC code)
• 7242 Industrial electricians• 7243 Power system electricians• 7244 Electrical power line and cable workers• 7245 Telecommunications line and cable workers• 7246 Telecommunications installation and repair workers• 7251 Plumbers
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Group B – no sub‐caps (2011 NOC code)
• 7252 Steamfitters, pipefitters and sprinkler system installers• 7253 Gas fitters• 7311 Construction millwrights and industrial mechanics• 7312 Heavy‐duty equipment mechanics• 7313 Refrigeration and air conditioning mechanics• 7314 Railway carmen/women
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Group B – no sub‐caps (2011 NOC code)
• 7315 Aircraft mechanics and aircraft inspectors• 7318 Elevator constructors and mechanics• 7371 Crane operators• 7372 Drillers and blasters ‐ surface, mining, quarrying and construction
• 7373 Water well drillers• 8231 Underground production and development miners• 8232 Oil and gas well drillers, servicers, testers and related workers
• 9232 Petroleum, gas and chemical process operators
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Requirements for Applications to the Federal Skilled Trades Program• Basic Language Proficiency
• Valid offer of Employment in Canada
• At least two years of work experience in the last five years
• Must meet NOC employment requirements
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Skilled Federal Worker Class
• Changes will take effect on May 4th, 2013• Minimum official language thresholds and increased points for official language proficiency
• Introduction of ECA (Educational Credential Assessments• Increased emphasis on younger immigrants• Changes to arranged employment process• Additional adaptability Points
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Skilled Federal Worker Class
• In April CIC to announce:– A cap on the number of applications that will be accepted in the first
year– A new list of priority occupations– The organizations that will be designated to conduct educational
assessments
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Canadian Experience Class
• Workers can now apply for PR with 1 year of Canadian Work Experience
• Higher proficiency is now required in all of the language abilities
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Inadmissibility
• Permanent Residence Applications will be refused if applicants are inadmissible to Canada for reasons such as serious criminality, health reasons, accompanying and non‐accompanying family member is inadmissible
• No appeal right to the Immigration Appeals Division for refused permanent residence applications in Federal Skilled Trades Class, Federal Skilled Worker, and Canadian Experience Class
State of Canada’s Oil & Gas Industry &Future Employment Needs - March 2013
Four questions to answer
1. Where have we been?2. Where are we at? 3. Where are we going?4. What is the manpower
challenge?
1) Where have we been?• Growth - 1991 to 2003• Boom – 2004 to 2008• Bust – 2009, 1st half of
2010• Growth – 2nd half of 2010
to Q1 2012• Oilsands explodes• Switch from gas to oil
Revenue/Cashflow 1998 - 2013Billions of $ Cdn – (Estimates 2012, 2013)
Source: ARC Financial
WOW!
CAPEX Conventional/Oilsands 1998 - 2013 SOURCE: ARC Financial
For conventional OFS, the better $
years are behind us
2) Where are we at?• January off to a decent
start for drilling• Oilsands steady but
projects being postponed
• Gas prices remain soft• Oil prices, particularly
bitumen, depressed
Commodity Price SnapshotMar 112013
Mar 122012
Forecast*
Gas - AECO 12 Month Strip ($C/mmcf) $3.29 $1.71Gas - Henry Hub Spot ($US/mmbtu) $3.64 $2.17 $4.13Synthetic Crude ($C/bbl) $101.20 $89.75Oil - WCS ($C/bbl) $75.53 $70.14 $69.80Oil - WTI Cushing Spot ($US/bbl) $92.06 $106.34 $91.30Oil - Brent ICE ($US/bbl) $110.22 $125.34 $104.15
*12 Month Futures Prices as at March 12 for March 2014 CME
The Rosy Picture
Source: CAPP
The Cruel Facts
Source: CAPP
Maintaining production will be steady business
Jurisdiction CrudeMM B/D
LiquidsMM B/D
GasMMCF/Day
MMBOE/Day
Russia 10.1 0.4 47.1 18.4
United States 9.0 0.2 47.2 17.1
Saudi Arabia 9.8 1.4 6.5 12.3
Iran 4.2 0.1 10.7 6.0
Canada 3.3 0.7 14.8 5.9
China 4.0 - 7.3 5.2
Alberta 2.5 0.4 12.8 4.6
3) Where are we going?
• CAPP forecast CAPEX steady
• Continued shift from gas to oil
• Bias towards the negative• No overall industry growth
Industry Capital Spending Cdn $billions
Note: Excludes spending on mergers & acquisitions
Northern Canada2011 2012E 2013F
$0.3 $0.3 $0.5
Oil Sands
2011 2012E 2013F
$22.7 $23 $23
Western Canada2011 2012E 2013F
$37.6 $36 $38
East Coast Offshore2011 2012E 2013F$1.5 $1.5 $1.5
Oil & Gas Investment Spending:2011: $62 billion 2012: $61 billion (estimate)2013: $63 billion (forecast)
AB $26 $26 $27
BC $6.7 $4 $4
SK $5.1 $6 $7
`11 `12E ‘13F
CAPP 2012 – 2013 Drilling Estimates
0
4,000
8,000
12,000
16,000
20,000
24,000
28,000
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012E 2013F
Dry/Susp.GasOil
2011 2012E 2013F
Alberta 7,087 6,500 7,345
British Columbia 560 440 375
Saskatchewan 2,980 3,090 3,200
Manitoba 471 670 580
Source: CAPP
Capital Expenditures
Drill & Complete
$0.0
$2.0
$4.0
$6.0
$8.0
$10.0
$12.0
$14.0
$16.0
$18.0
2008E 2009E 2010E 2011E 2012F 2013F
$16.0
$8.8
$13.9
$16.2$15.6
$17.3
$ billions
PSAC Conventional Wellhead CAPEX Estimates
Horizontal Wells Changing Drilling and Services
0
1 000
2 000
3 000
4 000
5 000
6 000
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012
ManitobaSaskatchewanAlberta
Source: CAPP
Gas Well CountNatural gas drilling collapsed – PSAC
0
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
2008 2009 2010 2011 2012F 2013F
9,692
4,0384,503
2,752
1,308 1,324
Rig Releases
4) How many jobs?• Oilfield services not
growing, pause (or end?) of multi-year trend
• Excess capacity • Downward pricing pressure• Employment challenges
remains
• New oilsands projects on hold• Oil prices softer, discounts remain• Pipeline solutions two years out• Oil companies laying off staff• Demographics will still affect labor
markets regardless of CAPEX scenarios
The new realities
Current Oil and Gas Workforce
In 2011, the industry directly employed 186,635 workers:
• 87,087 in oil and gas services
• 72,746 in exploration and production (or E&P)
• 20,304 in oil sands
• 6,498 in pipelines
47%
39%
11%3%
*Percentages represent employment share to total oil and gas workforce in Canada.
Source: PHRCC
Current Oil and Gas WorkforceTop 10 Occupations Based on 2011 Employment Numbers
1. Field workers (32,371)2. Supervisors, drilling & service (9,100)3. Engineers (chemical, mechanical, petroleum) (8,985) 4. Non-steam ticketed operators (6,951)5. Heavy equipment operators (6,567) 6. Drilling coordinators/primary production managers (6,513)7. Truck drivers (6,052)8. Millwrights and machinists (4,890)9. Geologists and geophysicist (4,676)10.Steam-ticketed operators (4,578)
Source: PHRCC
Size of Industry Does Not Means JobsLow gas prices offset employment gains in oil and oilsands
84,529 87,087 85,739
73,511 72,746 62,103
18,989 20,30426,144
6,500 6,498 7,031
0
10,000
20,000
30,000
40,000
50,000
60,000
70,000
80,000
90,000
100,000
2010A 2011E 2012F 2013F 2014F 2015F
Nu
mb
er o
f Jo
bs
Oil and Gas Services E&P Oil Sands Pipelines
Source: PHRCC
Employment ScenariosHigh growth (oilsands plus West Coast LNG) will create greater manpower demands
174,779
214,579
Growth Scenario (2011)
246,887
177,039
166,548 Growth Oil/Low Gas Scenario
(2011)
177,892
186,635 Most Likely
Scenario (2012)181,017
100,000
120,000
140,000
160,000
180,000
200,000
220,000
240,000
260,000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Nu
mb
er o
f Jo
bs
Source: PHRCC
Hiring 2013 - 2015Top 10 Petroleum Occupations Based on Hiring Due to Industry Activity to 2015
By Number of Jobs By Percentage of 2011 Employment
1. Field workers, laborers and operators (1,521)
2. Steam-ticketed operators (891)
3. Heavy-equipment operators (597)
4. Heavy-duty equipment mechanics (214)
5. Electrical/instrumentation engineers (105)
6. Project engineers (99)
7. Instrumentation technicians (94)
8. Industrial electricians (57)
9. Mechanical engineering technologists (44)
10. Quality assurance analysts (39)
1. Project engineers (19%)
2. Steam-ticketed operators (19%)
3. Mining engineers (18%)
4. Electrical/instrumentation engineers (16%)
5. Mechanical engineering technologists (11%)
6. Heavy-duty equipment mechanics (10%)
7. Heavy equipment operators (9%)
8. Environmental technicians (7%)
9. Quality assurance analysts (7%)
10. Drafting technologists (6%)
Source: PHRCC
Demographics a ChallengeAge-related attrition will create 9,500 jobs in 201 – 2015 period
-3,000-2,000-1,000
01,0002,0003,0004,0005,0006,000
Nu
mb
er o
f Jo
bs
Year-Over-Year Net Hiring Requirements for Canada’s Oil and Gas Industry
Due to Industry Activity Due to Age-related Attrition
2012F 2013F 2014F 2015F
3,531 2,256 1,548 2,116
Source: PHRCC
Net Hiring 2012 - 2015Top 10 Petroleum Occupations Based on Net Hiring Requirements to 2015
By Number of Jobs By Percentage of 2011 Employment1. Field workers, laborers and operators
(2,764)
2. Steam-ticketed operators (1,238)
3. Heavy equipment operators (1,132)
4. Engineers (chemical, mechanical, petroleum) (429)
5. Drilling coordinators/primary production managers (429)
6. Heavy-duty equipment mechanics (381)
7. Supervisors, drilling and services (303)
8. Millwrights and machinists (275)
9. Truck drivers (254)
10. Industrial electricians (225)
1. Project engineers (28%)
2. Steam-ticketed operators (27%)
3. Mining engineers (26%)
4. Electrical/instrumentation engineers (24%)
5. Heavy-duty equipment mechanics (18%)
6. Mechanical engineering technologists (18%)
7. Heavy equipment operators (17%)
8. Quality assurance analysts (15%)
9. Drafting technologists (14%)
10. Environmental technicians (14%)
Source: PHRCC
Total Hiring Outlook to 2015
-3,000
-2,000
-1,000
0
1,000
2,000
3,000
4,000
5,000
6,000
2012F 2013F 2014F 2015F
Nu
mb
er o
f Jo
bs
Year-Over-Year Total Hiring Requirements for Canada's Oil and Gas Industry
Due to Industry Activity Due to Age-related Attrition Due to Leakage
4,887 3,662 2,914 3,482
Source: PHRCC
Recommendations• Industry can:
o Recruit skilled workers from outside industryo Retain skilled workers during slowdownso Invest in retention practiceso Build internal capacity
• Government can:o Communicate with industry and focus policies and programs o Enhance community housing, infrastructure and services in
hard-to-recruit locations o Improve timely access to workers outside Canada
Source: PHRCC
Conclusion
We’ll come up with something. We always do.
Presented by:
Date:
Kathy Bonazew
March 21, 2013
Taxation in Canada
Taxation in Canada
• Foreign workers will likely have to pay income tax in Canada• Canadian taxation is based on residency• Residency status will determine taxation in Canada
Factual resident
• Resident of Canada for income tax purposes based on facts and circumstances
• Residential ties in Canada include:– Home– Spouse or dependants– Personal property (automobile, furniture, etc.)– Economic ties
• Subject to Canadian income tax on income from all sources• Can claim non-refundable tax credits
– May be pro rated for a part-year of residency
• Residency status in home country may be a factor
Non-residents
• Does not establish or otherwise have significant residential ties with Canada and has not been in Canada for more than 183 days
• Subject to Canadian income tax only on income from Canadian sources• Can claim non-refundable tax credits if 90% or more of the worker’s income is
from Canadian employment– Basic personal amount, the spouse or common-law partner amount, if applicable or the amount for
an eligible dependant.
• Can claim non-refundable tax credits for Canadian Pension Plan (CPP) and Employment Insurance (EI) premiums
Deemed non-residents
• Worker that:– Has been in Canada for more than 182 days in the year and– Is Considered resident of another country with which Canada has an income tax treaty
• Taxed in the same manner as non-residents
Deemed residents
• Worker from a non-treaty country who has been in Canada for 183 days or more in a calendar year
• Subject to Canadian Income tax on income from all sources (both inside and outside of Canada)
• Can claim in full all non-refundable tax credits that are applicable. (i.e. basic personal amounts, spouse or common law partner amounts or the amount for an eligible dependant)
• Can claim CPP and EI premiums
Double taxation
• A tax treaty between Canada and the worker’s home county ensures that the worker does not have to pay tax twice on the same income
Employer withholding
• Workers that have regular and continuous employment in Canada are subject to tax deductions in the same manner as Canadian resident employees
Form TD1, Personal Tax Credits Return
• All persons working in Canada have to complete a federal Form TD1 and a provincial TD1 and submit them to their employers
• Helps the employer determine the amount of tax to deduct from earnings• If a worker does not give the employer a completed provincial Form TD1, the
employer should deduct provincial tax using claim code “0”
T4 Information Return and Slips
• Employers are subject to the same reporting requirements for foreign workers as they are for Canadian resident employees
Waiver From Withholding Tax
• A tax treaty between Canada and a worker’s home country may exempt a certain amount of employment income from Canadian income tax
– Barbados and U.S. - $10,000– Jamaica - $5,000– Mexico - $16,000
• If employment income is less than the treaty amount, the entire amount is exempt from Canadian income taxation
• If employment income is more than the treaty amount, the entire amount is subject to Canadian income taxation
• Must request a waiver of withholding• CPP contributions and EI premiums withholding requirements will apply
T1 Income Tax and Benefit Return
• Must be filed if:– Worker is requesting a refund of income tax, CPP and/or EI– Worker has to pay income tax with respect to employment income earned– CRA requests that a return be filed
• Recommend that all foreign workers file a return• Province of employment determines return(s) to be filed
– If employed in more than one province Form T2203 Provincial and Territorial Taxes – Multiple Jurisdictions must be completed
T1 Income Tax and Benefit Return
• Schedule D Information About Your Residency Status• Schedule 1 Federal Tax• Form 428 Provincial Tax• T4 slips• Schedule A Statement of World Income• Schedule 5 Details of Dependant• Form T2203 Provincial and Territorial Taxes – Multiple Jurisdictions
Time Limit For Refunds
• Within 3 years of the due date of the original return for income tax refunds• Within 4 years of the end of the tax year for CPP refunds• Within 3 years of the end of the tax year for EI refunds
Home Country Tax Issues
• A non-resident of Canada is likely resident for income tax purposes in his home country
– Will have to coordinate tax filings between the two countries
• U.S. taxes citizens regardless of where they live and/or work– Ongoing U.S. filings and additional reporting requirements
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Thank you for Joining UsShawna Vogel, FMC 780.423.7335 e: shawna.vogel@fmc‐law.com David Yager, MNP 403.461.8566 e: [email protected] Nizam, FMC 780.423.7201 e: yasmeen.nizam@fmc‐law.com Kathy Bonazew, MNP 780.969.1454 e: [email protected]
The preceding presentation deals with the kinds of issues companies dealing with immigration could face. If you are faced with one of these issues, please retain professional assistance as each
situation is unique.