Definitions

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Immigration Refugee Protection Act (IRPA for short)
Is the current Act which defines and provides the criteria with respect to Canada immigration and the granting of refugee protection to persons who are displaced, persecuted or in danger. IRPA passed Parliament in November 2001 and became law on June 28, 2002. IRPA replaces the previous immigration regulations which were in effect since 1976.

The Canada-Chile Free Trade Agreement (“CCFTA”)
Implements the Canada-Chile Free Trade Agreement and related agreements; wherein the Governments of Canada and Republic of Chile have entered into a Free Trade Agreement. CCFTA aims include the elimination of trade barriers, promotion of fair competition, and increase of investment opportunities between these two countries. The employment of the Act must be undertaken in a manner consistent with environmental protection and conservation.

CCFTA is modeled on NAFTA and facilitates temporary entry on a reciprocal basis, by eliminating the requirement for an economic effect opinion. The rules governing temporary entry are similar to those in NAFTA and include the same four categories of business persons (business visitor, professional, intra-company transfers and trader or investor) who can enter Canada without a labour market test being applied. However, minor changes were introduced in the CCFTA to reflect the bilateral nature of the agreement.

The General Agreement on Trade in Services (GATS)
The GATS is a comprehensive agreement that covers all government measures "affecting trade in services." Any national government measure that in any way affects the trade in services is subject to GATS rules and open to a possible legal challenge from other WTO members. Only government procurement is explicitly excluded from GATS. All other laws, regulations, est. are covered by the GATS agreement.

Under GATS, Canada has made commitments to allow market access for foreign service providers in three categories (business visitors, professionals and intra-company transfers). GATS commitments apply to the 140 members of the World Trade Organization (WTO). As with NAFTA, the temporary entry of a business person can be facilitated without the need for a labour market test

The North American Free Trade Agreement (“NAFTA”)
The NAFTA agreement waives the need for employers in Canada to obtain confirmation from the Human Resources Development of Canada (HRDC) in regard to hiring US or Mexican businesspersons for a position in Canada.

NAFTA applies to four specific categories and each has the following requirements:

A business visitor:

must enter Canada to take part in a specific activity as listed in Appendix A of Chapter 16 of the NAFTA agreement. These activities include technical or scientific research, attendance at a convention or trade fair, sales of products or services (but not delivery at the time) and after-sales service;
cannot seek to join the domestic labour market. The principal source of remuneration remains outside Canada; and
does not require an Employment authorization (work permit).

A professional:

must be qualified to work in one of the more than 60 professions listed in Appendix D of Chapter 16 of the NAFTA agreement. Accountants, computer systems analysts, engineers, and technical writers are example of professions accepted under NAFTA; and
requires an Employment authorization (work permit).

An intra-company transferee:

must have been employed for at least one year in the preceding three-year period for the U.S. or Mexican employer who now wishes to effect the transfer;
must be transferred to Canada to work temporarily for the same or an affiliated employer;
works only at the executive or managerial level, or has specialized knowledge; and
requires an Employment authorization (work permit).

A trader or investor:

is a businessperson carrying on substantial trade in goods or services principally between Canada and his or her country of citizenship, or is a businessperson conducting substantial investment activities in Canada, in a supervisory or executive capacity, or in a capacity that involves essential skills;
meets additional requirements under the NAFTA; and
needs an Employment authorization (work permit).