Pubdate: Wed, 16 Nov 2016
Source: Ottawa Citizen (CN ON)
Copyright: 2016 Postmedia Network Inc.
Contact:  http://www.ottawacitizen.com/
Details: http://www.mapinc.org/media/326
Author: Susan Mas
Page: A5

LEGALIZED POT INDUSTRY COULD IMPORT U.S. TALENT

'Huge demand' for Americans seen under flexible NAFTA rules

For most of the states that voted for Trump, their principal export
market is Canada.

Americans wishing to flee a Donald Trump presidency could work in
Canada's soon-to-be-legalized pot industry, say two immigration
lawyers who dedicated a how-to podcast to our neighbours to the south.

Canada is the first G7 country that has committed to legalizing
marijuana, announcing at the United Nations earlier this year that it
would introduce new legislation by the spring of 2017, even though
doing so would breach three international treaties signed by previous
Canadian governments.

A federal task force led by Canada's former deputy Prime Minister Anne
McLellan is expected to report back by the end of November with
recommendations on how to move forward.

Many startup companies will be seeking the expertise required to get
their businesses off the ground as Canada inches closer to legalizing
marijuana, immigration lawyers Betsy Kane and Mark Holthe said.

According to Kane, of the Ottawa firm Capelle Kane, Canadian marijuana
companies could easily tap into U.S. talent in a variety of
occupations found under NAFTA.

Pharmacists, biologists, chemists, biochemists, horticulturalists,
plant breeders and even soil scientists will soon find themselves in
"huge demand," Kane said.

"These type of professionals should be seeking out opportunities
immediately and in the next year because I think there is a lot of
demand and these people will get immediate work permits with a simple
offer from many of these startup marijuana companies."

However, Holthe, a former immigration officer turned partner at the
firm of Holthe Tilleman in Calgary, cautioned that not every pot
enthusiast would qualify for a three-year work permit.

"Just because you have a private grow-op in your backyard doesn't mean
you're going to qualify as a professional under NAFTA," Holthe said.

Kane, who has some experience at bringing in marijuana professionals,
said she recently helped a client apply for a work permit under the
plant breeder occupation under NAFTA.

"I was feeling a little nervous," Kane said, but it was a "slam dunk -
no different than a professor."

In other words, Democrats who want to bide their time in Canada until
the next U.S. presidential election in 2020, could find themselves at
the forefront of a multibillion-dollar industry.

Canada's move toward legalizing marijuana was bolstered last week when
Americans in California, Maine, Massachusetts and Nevada voted to
legalize it for recreational use.

Nine states have now given the nod to pot; the others are Alaska,
Colorado, the District of Columbia, Oregon and Washington.

With the right credentials, Americans in those states could lend their
skills to Canadian companies and move back at the end of their work
permit.

"The beauty of NAFTA," Holthe said, "is there is no requirement on the
Canadian company to show that there is no Canadian available for the
job."

This is unlike Canada's express entry immigration system, in which
employers need a document known as a labour market impact assessment
(LMIA) before they can hire a foreign worker over a Canadian one.

"You find a company that is willing to hire you and bang, you're in,"
Holthe said.

All of this is assuming that Trump doesn't tear up the North American
Free Trade Agreement, as he vowed to do during the U.S. presidential
campaign. Canada has already signalled that it is prepared to
renegotiate NAFTA.

Colin Robertson, a former diplomat and vice-president and fellow at
the Canadian Global Affairs Institute, said the business case speaks
for itself.

Canada and the U.S. exchange about $1.6 million in goods and services
every minute, according to the federal government, with nearly nine
million U.S. jobs depending on trade and investment with Canada.

"For most of the states that voted for Trump, their principal export
market is Canada," Robertson said.

Reopening NAFTA could be an opportunity for Canada to bring the
agreement into the 21st century.

"There are lots of good things about NAFTA but I wouldn't be opposed
to modernizing the occupations list," Kane said.

Some of the occupations under NAFTA are rarely used and don't really
reflect the technology skills of today's professionals.

"There's a whole series of professions that we didn't think of, that
didn't exist in 1994 when NAFTA came into effect," Robertson said.

As for Canadian employers luring U.S. talent, there's no doubt Canada
could stand to benefit from a Trump exodus, however small.

American celebrities who vowed to move to Canada if Trump won - such
as Bryan Cranston, who is also in favour of legalizing marijuana -
could also find some work in British Columbia where the film and TV
industry continues to thrive largely due to generous tax credits.

"Even if one per cent of those who said they were thinking of coming
here did, it would not be insignificant," Robertson said.
- ---
MAP posted-by: Matt