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This page contains information on the temporary entry provisions of the North American Free Trade Agreement (NAFTA). The text of the actual agreement is found in part V, Chapter 16. North American Free Trade Agreement. This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department. The Agreement opens up the three countries’ markets by ensuring that future laws will not create barriers to doing business. In order for trade to expand, individuals must have access to each other’s country to sell, provide goods or services or trade and invest. Chapter 1. 6 of the NAFTA, entitled “Temporary Entry for Business Persons”, provides the mechanisms to allow selected categories of temporary workers access to each other’s market(s). Chapter 1. 6 eases the temporary entry of citizens of the U. ![]() Are you interested in working in New Zealand? Healthstaff Recruitment provide information for registered nurses and consultancy. Minister of International Development and La Francophonie (Compton-Stanstead) Marie-Claude Bibeau was born, raised and educated in Sherbrooke. She started her career at the Canadian International Development Agency, working in. Are you interested in gaining practical veterinary experience working with animals around the world? Get out of the classroom and into a clinic, field project, or wildlife hospital. S., Mexico and Canada, whose activities are related to the trade of goods or services, or to investment. The NAFTA is a reciprocal agreement and Canadians will be afforded similar treatment when seeking entry to the U. S. Chapter 1. 6 does not replace, but adds to our existing general provisions. An American or Mexican business person seeking entry to Canada is eligible for consideration under the provisions of the NAFTA, as well as the general provisions which apply to all foreign workers. Background. The NAFTA reflects a preferential trading relationship initiated between Canada and the U. S. With the coming into force of the NAFTA, the FTA was suspended. Chapter 1. 6 of the NAFTA is modelled on the FTA and deals only with temporary entry of selected business persons. It has no effect on permanent residence. The Agreement defines temporary entry as entry without the intent to establish permanent residence. Under the NAFTA, the U. S., Mexico and Canada are required to meet a number of obligations. Among them are the publication of a public information booklet on temporary entry under the NAFTA and the provision of statistical information. Given the growing public image of the NAFTA and the importance of sharing information with our NAFTA partners, it is crucial that data entered into FOSS or GCMS be as accurate and as complete as possible in order to meet our obligations related to statistics. A trilateral Temporary Entry Working Group, consisting of officials from departments which have an interest in the temporary entry of workers, meets every year to oversee the implementation and administration of Chapter 1. NAFTA. The director of Economic Policy and Programs (SSE), Selection Branch (SSD), and U. S. The Working Group is also responsible to develop measures to facilitate temporary entry of business persons on a reciprocal basis. What NAFTA does. NAFTA facilitates temporary entry for business persons who are citizens of the U. S., Mexico and Canada and who are involved in the trade of goods or services, or in investment activities. NAFTA removes the need for a Labour Market Impact Assessment (LMIA) for all business persons covered by the Agreement. In the case of a business visitor, it removes the need for a work permit. For professionals and intra- company transferees, it expedites the application process because one can apply at the port of entry (POE), (note that nationals who require a temporary resident visa to enter Canada, however, should apply at a visa office prior to coming to Canada). What NAFTA does not do. NAFTA does not assist permanent admission. It does not apply to permanent residents of the three countries. It does not replace the general provisions dealing with foreign workers. It has no effect on universal requirements related to passports and identity documentation, medical examinations and safety and security. It does not replace the need for workers to meet licensing or certification requirements respecting the exercise of a profession. It does not extend special privileges to spouses and members of the family. Their entry is governed by the provisions of the Immigration and Refugee Protection Act and the Regulations. Who is covered by NAFTA? The temporary entry provisions of Chapter 1. NAFTA are restricted to citizens of the U. S., Mexico and Canada. In the case of the U. S., citizens of the District of Columbia and Puerto Rico are covered by the NAFTA; however, citizens of Guam, the Northern Mariana Islands, American Samoa and the U. S. Virgin Islands are excluded from the NAFTA. Permanent residents of the three countries are not covered. They are, however, covered by the general provisions governing the temporary entry of foreign workers. Regulatory authority. The temporary entry provisions of the NAFTA are to be used in addition to the general entry provisions governing foreign workers. The business visitor category is the same as the generally- applied rule in R1. NAFTA is slightly more restrictive and requires a sale. The other three categories of business person are eligible for work permits through R2. LMIA process persons whose entry is granted pursuant to an international agreement between Canada and other countries. Administrative codes have been assigned to each category. Categories of business persons included under the NAFTABusiness persons included in Chapter 1. NAFTA are grouped under four categories: business visitors; professionals; intra- company transferees; traders and investors. Business visitors engage in international business activities related to research and design; growth, manufacture and production; marketing; sales; distribution; after- sales service; and general service. These activities reflect the components of a business cycle (see Appendix 1. A. 1 of Chapter 1. Business visitors are authorized to enter Canada for business purposes under R1. Professionals are business persons who enter to provide pre- arranged professional services— either as a salaried employee of a Canadian enterprise, through a contract between the business person and a Canadian employer, or through a contract between the American or Mexican employer of the business person and a Canadian enterprise. Appendix 1. 60. 3. D. 1 of NAFTA lists more than 6. Agreement. Professionals enter to provide services in the field for which they are qualified. Professionals are not subject to an LMIA but require a work permit (R2. T2. 3). Intra- company transferees are employed by an American or Mexican enterprise in a managerial or executive capacity, or in one which involves specialized knowledge, and are being transferred to the Canadian enterprise, parent, branch, subsidiary, or affiliate, to provide services in the same capacity. Intra- company transferees are exempt from the LMIA process but require a work permit (R2. T2. 4). Traders and investors carry on substantial trade in goods or services between the U. S. Traders and investors must be employed in a supervisory or executive capacity or one that involves essential skills. Traders and investors are not subject to the LMIA process but require a work permit (R2. T2. 1 and T2. 2, respectively) for which they must apply at a visa office before departing for Canada. Admission decisions. In assessing applications for temporary entry by citizens of the U. S. An American or Mexican citizen who is not eligible for entry under the NAFTA may qualify under the general provisions governing temporary workers. In making admission decisions the overall objectives of the NAFTA which seek to facilitate trade between Canada, the U. S. This definition is consistent with Canadian immigration law. It is sufficiently flexible to respond to the needs of business persons and it recognizes that the concept of temporary entry cannot, in most situations, be based simply on a specific time limitation. The definition is not to be perceived as being open- ended, nor as a mechanism to circumvent procedures applicable to permanent residence. Like many temporary workers, temporary workers authorized to enter Canada under the NAFTA are allowed to work temporarily either in a temporary or permanent position. The NAFTA cannot be used, however, as a means to remain in Canada indefinitely. Administrative definitions and interpretations. Labour certification tests: In Canada, this means the Employment and Social Development Canada LMIA or the LMIA of a job offer for a temporary foreign worker. They do not include the immigration procedures established by Canada, the U. S. A Party may refuse to issue an immigration document authorizing employment to a business person where the temporary entry of that person might affect adversely: the settlement of any labor dispute that is in progress at the place or intended place of employment; orthe employment of any person who is involved in such dispute. When a Party refuses pursuant to paragraph 2 to issue an immigration document authorizing employment, it shall: inform in writing the business person of the reasons for the refusal; andpromptly notify in writing the Party whose business person has been refused entry of the reasons for the refusal.”The provision applies only to NAFTA business persons subject to the requirement for a work permit: professionals, intra- company transferees, and traders and investors. To comply with Articles 1. NAFTA, officers are required to: provide a letter at the time of refusal to the applicant that includes the following information. NAFTA provision 1. R2. 00(3)(c); andinform NHQ by sending an URGENT fax with complete information on the case, including a copy of the above refusal letter and copies of documentation presented by the applicant, to: Director, Economic Policy and Programs (SSE), Selection Branch (SSD), FAX (6. A copy of the fax is to be sent to the Regional Office concerned. NHQ will inform the country of which the business person is a citizen. Business visitors. See General Provisions for more information on examining and processing business visitors. What requirements apply to business visitors? The following requirements apply: citizenship of the U. S. The wording of the Appendix has been modified from the official NAFTA text and explanatory notes added. Appendix 1. 60. 3. A. 1 is not exhaustive but illustrates the types of activities covered. While I was living in London, many friends have gone and come. 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