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• What are the temporary worker provisions of free trade agreements?

Certain business people may work in Canada without a work permit provided that they enter Canada for international business activities without entering the Canadian labour market. Business people may represent a foreign business or government and are remunerated outside Canada. Their principal place of business is outside Canada. The business person category includes certain persons entering under the provisions outlined in certain free trade agreements, such as the North American Free Trade Agreement (NAFTA), the Canada–Chile Free Trade Agreement (CCFTA) and the General Agreement on Trade in Services (GATS).

Business persons from all countries are facilitated under the general provisions of the Immigration and Refugee Protection Regulations. See www.cic.gc.ca.

What are the temporary worker provisions of free trade agreements?

North American Free Trade Agreement

Under chapter 16 of NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business activities or investments.

All business people covered by NAFTA are exempt from the need to obtain approval a labour market opinion from HRSDC. This means that Canadian employers do not need to have a job offer approved by HRSDC to employ a United States or a Mexican business person.

General provisions on temporary entry also apply to citizens of the three countries.

NAFTA applies to four specific categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.

A business visitor:

• must be entering Canada to take part in an international business activity listed in appendix 1603.A.1 of chapter 16 of NAFTA (these activities include technical or scientific research, attendance at a convention or trade fair, sales of products or services for an enterprise located in the United States or Mexico—but not delivery at the time—and after-sales service);
• cannot be seeking to join the domestic labour market—in other words, the principal source of remuneration remains outside Canada; and
• does not need a work permit.

A professional:

• must be qualified to work in one of the more than 60 professions listed in appendix 1603.D.1 of chapter 16 of NAFTA (for example, accountants, computer systems analysts, engineers, management consultants and technical writers);
• needs a work permit; and
• must have pre-arranged employment with a Canadian employer.

An intra-company transferee:

• must have worked at least one year in the preceding three-year period for the United States or Mexican employer who wishes to effect the transfer;
• must be transferred to Canada to work temporarily for the same or an affiliated employer;
• works only at the executive or managerial level, or has specialized knowledge; and
• needs a work permit.

A trader or an investor:

• is a business person carrying on substantial trade in goods or services, principally between Canada and his or her country of citizenship, or is a business person conducting substantial investment activities in Canada, in a supervisory or an executive capacity, or in a capacity that involves essential skills;
• meets additional requirements under NAFTA; and
• needs a work permit.

For further information on all categories, consult appendix G of the Temporary Foreign Worker Guidelines on the CIC Web site at www.cic.gc.ca/manuals-guides/english/fw/fwe.pdf.

Canada–Chile Free Trade Agreement

The Canada–Chile Free Trade Agreement (CCFTA) is modelled on NAFTA and makes it easier for Canadian and Chilean citizens to temporarily enter the other country. The rules and requirements are similar to those under NAFTA and cover the four categories of business people: business visitors, professionals, intra-company transferees, and traders and investors.

For more information, please refer to the booklet Temporary Entry to Canada under the Canada–Chile Free Trade Agreement—A Guide for Chilean Business Persons, or consult appendix B of the Temporary Foreign Worker Guidelines on the CIC Web site at www.cic.gc.ca/manuals-guides/english/fw/fwe.pdf.

General Agreement on Trade in Services

Under GATS, Canada has committed to facilitating market access for certain business people who are foreign service providers in specified sectors. The commitments apply to service providers from more than 140 World Trade Organization member countries. Three categories of business people are covered: business visitors, professionals and intra-company transferees. Qualified business people find it easier to enter Canada because they do not need to obtain a labour market opinion from HRSDC confirmation or, in the case of a business visitor, a work permit.

For more information, please refer to the booklet Temporary Entry to Canada under the General Agreement on Trade in Services (GATS), or consult appendix D of the Temporary Foreign Worker Guidelines on the CIC Web site at www.cic.gc.ca/manuals-guides/english/pub/fw/fwe.pdf.

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