In its ongoing expansion of free trade, Canada is set to launch a new chapter on March 8, entering into the ‘Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP – a variation on the original TPP which faltered when the United States declined to participate). This free trade agreement’s members are:
- Australia
- Brunei
- Canada
- Chile
- Japan
- Malaysia
- Mexico
- New Zealand
- Peru
- Singapore
- Vietnam
This agreement is of course is in addition to the Canada-European Union Free Trade Agreement, which launched just a few months ago, and a number of other free trade agreements which Canada maintains.
In addition to other elements of free trade, the CPTPP provides for eased immigration provisions for nationals of member countries into Canada (and reciprocally to the other jurisdictions). These provisions provide primarily for work or business visitation under certain circumstances, where otherwise, some form of labour market impact assessment, or labour certification, would have been required.
Here is a sampling of some CPTPP provisions for member country citizens seeking work permits or business related entry into Canada:
- Business Visitors:
- Includes ‘Service Sales Persons’ which appears to allow for entry of business visitors to carry out service or sales activity even beyond the ordinary ‘after-sales’ allowances which typically require that the service to be provided is pursuant to a commitment made in an initial purchase/lease.
- Intra-Company Transferees
- Includes Management Trainees
- Allows ‘specialists’ to have ‘specialized knowledge of company’s products or service and their application in international markets’, OR ‘an advanced level of expertise or knowledge of the company’s processes and procedures’. This seems to open the door to allow for a broader range of ‘specialist’ than the standard intra-company provisions which typically require proprietary knowledge AND advanced experience.
- (Note that Malaysia, Singapore and Vietnam are excluded for the purpose of ‘specialists’)
- Professionals
- This category includes professionals and technicians, but there are unique categories of occupations based on the reciprocal situation with each country.
- Professionals require educational requirements as set out in the NOC for that occupation, along with 2 years of experience, and remuneration ‘at a level consummate with other similarly-qualified professionals within the industry in the region where the work is performed’. It is not clear that this is limited to Job Bank based median wage estimates, as is typically otherwise required.
- Technicians have similar requirements, but need 4 years of work experience.
- As noted, there are unique occupational categories, too extensive to set out here, but certainly, there is a wide variety of potential for professionals and technicians from member countries.
Of course, much of the above is still open to interpretation, and it is far too early to assess the impact of the new CPTPP on immigration issues, (notably work permit allowances), but certainly, it appears that the CPTPP will be a useful and beneficial tool for both employers in Canada as well as prospective employees from member countries.
The information in this article is for general purposes only, and not intended as legal advice for any particular situation.