This article will let you understand the categories of Business Persons, and the perks of doing temporary business in Canada under the Free Trade Agreements that Canada has signed with some countries.
What are Business Persons per Free Trade Agreements
Business Persons come to Canada to do business temporarily under a Free Trade Agreement (FTA). These FTAs contain provisions to facilitate, on a reciprocal basis, temporary entry for Business Persons.
Canada has signed the following FTAs:
- Canada–United States–Mexico Agreement (CUSMA)
- Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA)
- Canada–Chile Free Trade Agreement (CCFTA)
- Canada–Colombia Free Trade Agreement (CCOFTA)
- Canada–European Union Comprehensive Economic and Trade Agreement (CETA)
- Canada–Korea Free Trade Agreement (CKFTA)
- Canada–Panama Free Trade Agreement (CPAFTA)
- Canada–Peru Free Trade Agreement (CPFTA)
- Canada–Ukraine Free Trade Agreement (CUFTA)
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
- General Agreement on Trade in Services (GATS)
Categories of Business Persons
Under these Free Trade Agreements (FTAs), Business Persons are usually segmented into 4 groups and each one has its own definition and rules:
- Business Visitors
- Professionals
- Intra-Company Transferees
- Traders and Investors
Business Persons entering Canada under an FTA as a Business Visitors may be eligible for a Work Permit exemption.
Eligible Business Persons (Professionals, Intra-Company Transferees, Traders and Investors) entering Canada under an FTA will generally require a Work Permit, but are exempt from requiring a Labour Market Impact Assessment (LMIA).
To qualify, you will need to be a citizen of the countries part of the FTAs.
Below are the details on each of the four categories of Business Persons.
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:
- 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 some FTAs, business visitors can also conduct other types of business activities (marketing, research, etc.).
Professionals
There are usually three conditions to be considered a professional under a Free Trade Agreement (FTA):
- You have to possess the required qualifications needed to practice one of the occupations permitted under the FTA.
- 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).
Each FTA has its eligibility conditions that could differ from the ones above.
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 company in the Free Trade Agreement’s (FTA’s) country. There are usually two conditions to qualify:
- You need to currently work and have been working for at least one continuous year for the company on the other country.
- 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).
Each FTA has its eligibility conditions that could differ from the ones above.
Traders and Investors
To qualify as a trader or investor under a Free Trade Agreement (FTA), there are usually two main conditions:
- You have to be an executive or supervisor planning (i) large trades between the other FTA country and Canada, or (ii) large investments in Canada.
- You need to apply and be granted a Work Permit. You will not need a Labour Market Impact Assessment (LMIA).
Each FTA has its eligibility conditions that could differ from the ones above.
Even if similar, details for eligibility criteria for each Free Trade Agreement should be consulted.
