Version Française
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 Visitors and Business People, 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 (FTA), there are three or four groups of Business People. Canada has a signed the FTAs:
- North American FTA, NAFTA (between Canada, Mexico, and the U.S),
- Canada/Chile FTA,
- Canada/Peru FTA,
- Canada/Colombia FTA,
- Canada/Korea FTA, and
- Canada/European Union Comprehensive Economic and Trade Agreement, CETA.
Categories of Business People
|
Under these Free Trade Agreements (FTAs), a Labour Market Impact Assessment (LMIA) is not required to be issued a Work Permit. An employer in Canada can thus hire Business People without the need to get the approval of ESDC. To qualify, you will need to be a citizen of the countries part of the FTAs.
Under these FTAs, Business People are segmented into 4 groups and each one has its own definition and rules. Below are the ones for the NAFTA: |
Business Visitors
Business Visitors come to Canada to conduct business, during a time period that is usually a couple days to several weeks. They are not considered as part of the job market in Canada and do not have to apply for a Work Permit to conduct their activities. Only the following business activities are permitted:
Under NAFTA, business visitors can also conduct other types of business activities (marketing, research, etc.). For more details, check this page.
- Purchasing goods and/or services from a Canadian business.
- Ordering goods and/or services.
- Attending a convention, conference, trade fair, or meeting.
- Handling in-situ customer service (not manual work),
- Attending training by company in Canada, being an employee of its foreign subsidiary.
- Carrying out employee training at the Canadian subsidiary of a foreign company, or
- Attending training by a company in Canada that supplied you goods and/or services.
Under NAFTA, business visitors can also conduct other types of business activities (marketing, research, etc.). For more details, check this page.
Professionals
There are three conditions to be considered a professional under NAFTA:
For more details, check this page.
- You have to possess the required qualifications needed to practice one of the occupations permitted under NAFTA (section 3.8).
- You need a Canadian job offer.
- You need to apply and be granted a Work Permit. You will not need a Labour Market Impact Assessment (LMIA).
For more details, check this page.
Intra-Company Transferees
Intra-company transferees are employees that are transferred to a company in Canada which has a parent, subsidiary, affiliate, or branch relationship with the American or Mexican company. There are three conditions to qualify:
For more details, check this page.
- You need to currently work and have been working for at least one continuous year for the American or Mexican company.
- You must be offered a managerial or executive job in Canada, or one that uses specialized knowledge.
- You need to apply and be granted a Work Permit. You will not need a Labour Market Impact Assessment (LMIA).
For more details, check this page.
Traders and Investors
To qualify as a trader or investor under NAFTA, there are three main conditions:
For more details, check this page.
- You have to be an executive or supervisor planning (i) large trades between the U.S. or Mexico and Canada, or (ii) large investments in Canada.
- You must respect other NAFTA rules.
- You need to apply and be granted a Work Permit. You will not need a Labour Market Impact Assessment (LMIA).
For more details, check this page.
The other FTAs hold similar conditions as those of NAFTA. Differences between NAFTA and the other FTAs are highlighted:
For the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), provisions are considerably distinct those of NAFTA. You can find the 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/Colombia FTA,
- here for the Canada/Korea FTA.
For the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), provisions are considerably distinct those of NAFTA. You can find the 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 that Canada is a part of, Business People from 140+ countries (WTO members) have greater access to the Canadian services market.
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.
