1.What are the temporary worker provisions of free trade agreements?
Business visitors may work in Canada without a work permit. They enter Canada for international business activities, without entering the Canadian labour market. Business visitors may represent a foreign business or government, and are remunerated outside Canada. Their principal place of business is outside Canada.
The business visitor 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).
1. What are the temporary worker provisions of free trade agreements?
North American Free Trade Agreement
Under Chapter 16 of the NAFTA, citizens of Canada, the United States and Mexico can gain quicker, easier temporary entry into the three countries to conduct business-related activities or investments.
All businesspersons covered by the NAFTA are exempt from the need to obtain approval from HRDC. This means that Canadian employers do not need to have a job offer approved by HRDC to employ a U.S. or Mexican businessperson.
General provisions on temporary entry also apply to citizens of the three countries.
The NAFTA applies to four specific categories of businesspersons: business visitors, professionals, intra-company transferees, and traders and investors.
A business visitor:
i. must be entering Canada to take part in an activity listed in Appendix 1603.A.1 of Chapter 16 of the NAFTA (these activities include technical or scientific research, attendance at a convention or trade fair, sales of products or services--but not delivery at the time--and after-sales service);
ii. cannot be seeking to join the domestic labour market--in other words, the principal source of remuneration remains outside Canada; and
iii. does not need a work permit.
A professional:
i. must be qualified to work in one of the more than 60 professions listed in Appendix 1603.D.1 of Chapter 16 of the NAFTA (for example, accountants, computer systems analysts, engineers, management consultants and technical writers); and
ii. needs a work permit.
An intra-company transferee:
i. must have worked for at least one year in the preceding three-year period for the U.S. or Mexican employer who wishes to effect the transfer;
ii. must be transferred to Canada to work temporarily for the same or an affiliated employer;
iii. works only at the executive or managerial level, or has specialized knowledge; and
iv. needs a work permit.
A trader or investor:
i. is a businessperson carrying on substantial trade in goods or services principally between Canada and his or her country of citizenship, or is a businessperson conducting substantial investment activities in Canada, in a supervisory or executive capacity, or in a capacity that involves essential skills;
ii. meets additional requirements under the NAFTA; and
iii. needs a work permit.
For further information on all categories, consult Appendix G of the Temporary Foreign Worker Guidelines.
Canada-Chile Free Trade Agreement
The CCFTA is modelled on the 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 the NAFTA and cover the four categories of business persons: 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.
General Agreement on Trade in Services
Under the GATS, Canada has committed to facilitate market access for certain businesspersons 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 businesspersons are covered:
i. business visitors;
ii. professionals; and
iii. intra-company transferees.
Qualifying businesspersons find it easier to enter Canada because they do not need to obtain HRDC 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. |
