Free Trade Agreement Business People
Enter and work in Canada if you qualify under a Free Trade Agreement (FTA)
This article will let you understand the difference between Business People and Business Visitors, and the perks of doing temporary business in Canada under the Free Trade Agreements that Canada has signed with some countries.
What are Business People
Business People come to Canada to do business temporarily under a Free Trade Agreement. Depending on the Free Trade Agreement, there are three or four groups of Business People. Canada has a signed the following Free Trade Agreements:
- North American Free Trade Agreement, NAFTA (between Canada, Mexico, and the U.S),
- Canada-Chile Free Trade Agreement,
- Canada-Peru Free Trade Agreement,
- Canada-Columbia Free Trade Agreement,
- Canada-Korea Free Trade Agreement, and
- Canada-European Union Comprehensive Economic and Trade Agreement, CETA.
Categories of Business People
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Under these Free Trade Agreements, Business People do not need a Labour Market Impact Assessment (LMIA). This means that Canadian employers do not need to have a job offer approved by Employment and Social Development Canada to hire an business person from these countries.
There are four groups of Business People under these agreements and each one has its own definition and rules. Below are the ones for the NAFTA: |
Business Visitors
A Business Visitor is someone who comes to Canada to take part in international business activities without being part of the Canadian labour market. Business visitors usually stay in Canada for a few days or a few weeks but cannot stay for more than six months.
Business visitors do not need a Work Permit and are allowed the following business:
Under NAFTA, they may also take part in other activities, such as research, marketing and general services. For more details, check this page.
Business visitors do not need a Work Permit and are allowed the following business:
- buying Canadian goods or services for a foreign business or government,
- taking orders for goods or services,
- going to meetings, conferences, conventions or trade fairs,
- giving after-sales service (managing, not doing hands-on labour),
- being trained by a Canadian parent company that you work for outside Canada,
- training employees of a Canadian branch of a foreign company, or
- being trained by a Canadian company that has sold you equipment or services.
Under NAFTA, they may also take part in other activities, such as research, marketing and general services. For more details, check this page.
Professionals
To work in Canada as a professional, you must:
For more details, check this page.
- be qualified to work in one of the jobs set out in NAFTA (such as engineers, dentists, pharmacists, scientists, teachers, etc.),
- have a job offer from a Canadian business in that field, and
- have a Work Permit, without the Labour Market Impact Assessment (LMIA).
For more details, check this page.
Intra-company transferee
An intra-company transferee is sent to work for the same company in a different country. If this is your case, you must:
For more details, check this page.
- have worked
- on an ongoing basis,
- for at least one year in the last three years, and
- for the same or a related employer in the United States or Mexico,
- be transferred to Canada to work short term for the same or a related employer,
- work as a manager, as an executive or in a job that uses specialized knowledge, and
- have a Work Permit, without the Labour Market Impact Assessment (LMIA).
For more details, check this page.
Traders and Investors
To work in Canada as a trader or investor, you must:
For more details, check this page.
- be involved, as a supervisor or executive, or in a role that involves essential skills, in planning:
- a large amount of trade in goods or services, mainly between Canada and your home country, or
- a large investment in Canada by you or your company,
- meet any other rules of NAFTA, and
- have a Work Permit, without the Labour Market Impact Assessment (LMIA).
For more details, check this page.
The other Chile, Peru, Columbia and Korea Free Trade Agreements contain provisions similar to NAFTA. Differences between NAFTA and the other FTAs are highlighted:
For the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), provisions are significantly different from the NAFTA. You can find details here. The Labour Market Impact Assessment (LMIA) exemption still applies.
- here for the Canada-Chile FTA,
- here for the Canada-Peru FTA,
- here for the Canada-Columbia FTA,
- here for the Canada-Korea FTA.
For the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), provisions are significantly different from the NAFTA. You can find details here. The Labour Market Impact Assessment (LMIA) exemption still applies.
General Agreement on Trade in Services (GATS)
Under the General Agreement on Trade in Services (GATS), Canada agreed to make it easier for foreign business people to access the Canadian services market. This applies to service providers from more than 140 World Trade Organization member countries. Three groups of Business People are covered: Business Visitors, Professionals and Intra-Company Transfers.
As for the Free Trade Agreements, a Labour Market Impact Assessment (LMIA) is not needed, but if a Work Permit is issued, its validity will not exceed three months and cannot be extended. For more information on the GATS rule, see here.
As for the Free Trade Agreements, a Labour Market Impact Assessment (LMIA) is not needed, but if a Work Permit is issued, its validity will not exceed three months and cannot be extended. For more information on the GATS rule, see here.
