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The Comprehensive Economic and Trade Agreement - CETA

On September 21, 2017, the Comprehensive Economic and Trade Agreement (CETA) came into effect between Canada and the European Union (EU). The free trade agreement between Canada and EU member states eliminates many of the tariffs between the two members and brings with it increased opportunities for businesses and professionals to engage in business. Many of the EU member states are yet to ratify the agreement in their countries.

CETA is meant to facilitate entry for business professionals who are citizens of EU member states by removing the requirement for a Labour Market Impact Assessment (LMIA) to be obtained before the person can legally work in Canada. New LMIA exemption codes have been created to apply to Business Visitors from EU member states. These exemptions will be granted under the International Mobility Program (IMP).

Applications can be processed at a Canadian port-of-entry or submitted from within Canada if they meet the requirements set out in section 199 of the Immigration and Refugee Protection Regulations.

Business Visitors

For short-term Business Visitors, the maximum length of stay for investment purposes is 90 days in any six-month period, unless otherwise eligible for longer durations.

All CETA Business Visitors may seek entry to Canada for a number of regular visits related to a specific project. These visits may take place over a period of weeks or months. Consideration is given pursuant a Visitor Record to facilitate entry and to reduce requests for additional information.

The list of eligible activities for Business Visitors is different under CETA than it is under the North American Free Trade Agreement (NAFTA). They include the activities listed below:

  • Meetings and consultations
  • Research and design
  • Marketing research
  • Training and seminars
  • Trade fairs and exhibitions
  • Sales
  • Purchasing
  • After-sales or after-lease service
  • Commercial transactions
  • Tourism personnel
  • Translation and interpretation

Restrictions on Business Visitor Eligibility under CETA

Short-term Business Visitors cannot:

  • Engage in selling a good or service to the general public
  • Receive remuneration directly or indirectly from a source in Canada
  • Be engaged in the supply of a service, except as provided in Annex 10-D

Intra-Company Transfer

CETA sets conditions whereby people may be transferred to work in Canada within the same affiliated Canadian company. The provisions in CETA for Intra-Company transfers remain largely similar to the existing Intra-Company transfer program, however, CETA adds graduate trainees to the list of accepted roles.

Under CETA, all intra-company transferees must:

  • Have been employed by an enterprise of, or have been partners in an enterprise of, an EU member state for at least one year; and
  • Be temporarily transferred to an enterprise (that may be a subsidiary, branch or head company of the enterprise) in Canada.

Graduate trainee applicants must also:

  • Possess a university degree; and
  • Be temporarily transferred to an enterprise in Canada for career development purposes or to obtain training in business techniques or methods

Investors

CETA provides provisions that allow eligible investors to stay in Canada for up to one year, with the possibility of extending their stay at the discretion of an officer.

The investor provisions of CETA apply to applicants who:

  • Will establish, develop or administer the operation of an investment in a capacity that is supervisory or executive;
  • Are the investor; and
  • Are employed by an enterprise that has committed or in the process of committing a substantial amount of capital.

Contractual Service Suppliers and Independent Professionals

Under CETA, applicants in both categories may stay in Canada for a cumulative period of not more than 12 months in any 24-month period or for the duration of the contract, whichever is less:

Applicants in both categories of professionals must be:

  • Citizens of a European Union member state;
  • Engaged in the temporary supply of a service for a period not exceeding 12 months (if longer than 12 months, the commitments in CETA will only apply for the initial 12 months of the contract); and
  • Contracted to provide a service in accordance with the Annex 10-E concordance table.

They must also possess:

  • A university degree or a qualification demonstrating knowledge of an equivalent level; and
  • Professional qualifications if required to practice an activity pursuant to the laws or requirements in the province or territory where the service is supplied.

For more information on CETA please click here.

Contact us today at (403) 452-9515 Ext. 100 or 1-800-932-1190 or email us directly.

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It is one thing to earn a living; it is another thing to make a difference in the world.

This is our formal thank you note to Evelyn Ackah and the Ackah Law Team for all the effort they put into helping us navigate and finally resolve the hurdle that was Canadian Immigration back in the spring of 2012.

A friend referred us to Evelyn; he assured us that Evelyn would take good care of us. Our friend was confident we were in good hands and said Evelyn would do her very best to help us and she did! At the time we did not know that his referral would go far beyond finding us help. Slowly we realized that it would become our own personal story of how we received grace and were reminded of the power in paying it forward

We wrote a detailed page of our dilemma, explaining how we came to be in the position we were in (overwhelmed with the hurdle that was Canadian Immigration and the uncertainty that we faced as a young family in Calgary). Evelyn agreed to take on our file with her team. They found the time to personally call us and listened intently and understood the details of what we were dealing with. They gave us their time, an honest opinion and provided clear direction which proved to be invaluable advice. Months went by but in time, we received word from Ackah Law that the Immigration office had finally reviewed our file and a decision had been made allowing our family to finally put the immigration matter to rest. We were finally able to focus again to live our lives without fear or pending doom.

Looking back now, even the sun appeared to shine a little brighter that day. At first we didn’t know whether to bake them a cake, drive out to meet their team, find their offices and personally thank them with a mighty hug or simply cry out to the heavens in thankful relief. Instead we emailed them to express our heartfelt thank-you and we hoped that they would know deep in their hearts just how grateful we were for all of their help.

Even though we relied on emails and phone conversations to communicate with them that year, we will always remember their constant professionalism, their kindness and understanding at a time that brought us so much pain not to mention fear. As if all their hard work wasn’t enough, Evelyn then then casually mentions that all their work was done pro-bono! We were thoroughly humbled!

To this day we are still eager to share how wonderful they all are as human beings but even more than that, we continue to pay it forward in honour of them, their service to us and their continued dedication in helping others.

Eternally thankful

– The Brummunds

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