ARCHIVED – Operational Bulletin 124 – July 31, 2009 (expired)

Implementation of the Canada-Peru Free Trade Agreement

This Operational Bulletin has expired. Please refer to FW 1 [PDF, 1.5 Mb] for current information.

Background

Pursuant to R204 of the Immigration and Refugee Protection Regulations, an International Free Trade Agreement (FTA) was signed between Canada and Peru in 2008 which, like the North American Free Trade Agreement (NAFTA), covers trade in goods, services and investments.

The FTA contains the provisions to facilitate, on a reciprocal basis, temporary entry for business persons. These provisions are contained in the FTA, chapter 12, Temporary Entry for Business Persons, which is similar to NAFTA, chapter 16.

The Canada-Peru FTA is effective August 1, 2009.

General guidelines

The Canada-Peru FTA contains the obligation to grant temporary entry to four categories of business persons–business visitors, professionals, intra-company transferees and traders/investors–with some minor differences from the NAFTA.

These differences include:

1) Permanent residents:

The inclusion of the permanent residents (not only citizens) of each country to the Canada-Peru FTA is different from the Foreign Worker Manual (FW 1), Appendix G, section 1.6. Therefore, proof of permanent resident status is also an accepted document for presentation in support of an application.

2) Business visitors
(FW 1, Appendix G, sections 2.2, 2.6 and 2.7):

• the addition of “Meetings and Consultations” to the categories of Business Visitors;
• the inclusion of after-lease servicing in addition to after-sales servicing; and
• under General Service, the addition of:
  • cook personnel (cooks and assistants) attending or participating in gastronomic events or exhibitions, or consulting with business associates;
  • information and communication technology service providers attending meetings, seminars or conferences, or engaged in consultations with business associates; and
  • franchise traders and developers who seek to offer their services.

3) Intra-company transferees
(FW 1, Appendix G, section 4):

• employed continuously by the enterprise for six months (one year for NAFTA) within the three-year period immediately preceding the date of application for admission; and
• the intra-company transferees category has expanded to include a new category of “management trainee on professional development”, meaning an employee with a post-secondary degree who is on a temporary work assignment intended to broaden that employee’s knowledge of and experience in a company in preparation for a senior leadership position within the company.

4) Professionals and Technicians
(FW 1, Appendix G, section 3.2):

• professionals are listed using a negative list, meaning that all professionals that meet the general definition of professionals are covered, except for the professionals set out on the list (see below).
• technicians are listed using a positive list, meaning that only those technicians included on the list of technicians are covered (see FTA Appendix 1203.D.1, below).

Canada-Peru FTA

PROFESSIONALS - NOT covered

All Health, Education, and Social Services occupations and related occupations:

• Managers in Health, Education, Social & Community Services
• Physicians, Dentists, Optometrists, Chiropractors, Other Health Professions
• Pharmacists, Dietitians & Nutritionists
• Therapy & Assessment Professionals
• Nurse Supervisors & Registered Nurses
• Psychologists, Social Workers
• University Professors & Assistants
• College & Other Vocational Instructors
• Secondary, Elementary School Teachers & Counsellors

All Professional occupations related to Cultural Industries, including:

• Managers in Libraries, Archives, Museums and Art Galleries
• Managers in Publishing, Motion Pictures, Broadcasting and Performing Arts
• Creative & Performing Artists

Recreation, Sports and Fitness Program and Service Directors
Managers in Telecommunication Carriers
Managers in Postal and Courier Services
Managers in Manufacturing
Managers in Utilities
Managers in Construction and Transportation
Judges, Lawyers and Notaries except Foreign Legal   Consultants

TECHNICIANS – covered

Civil Engineering Technologists and Technicians
Mechanical Engineering Technologists and Technicians
Industrial Engineering and Manufacturing Technologists and   Technicians
Construction Inspectors and Estimators
Engineering Inspectors, Testers and Regulatory Officers

Supervisors in the following:

• Machinists and Related Occupations
• Printing and Related Occupations
• Mining and Quarrying
• Oil and Gas Drilling and Service
• Mineral and Metal Processing
• Petroleum, Gas and Chemical Processing and Utilities
• Food, Beverage and Tobacco Processing
• Plastic and Rubber Products Manufacturing
• Forest Products Processing
• Textile Processing

Contractors and Supervisors in the following:

• Electrical Trades and Telecommunications Occupations
• Pipefitting Trades
• Metal Forming
• Shaping and Erecting Trades Carpentry Trades
• Mechanic Trades
• Heavy Construction Equipment Crews
• Other Construction Trades
• Installers, Repairers and Servicers

Electrical and Electronics Engineering Technologists and   Technicians (includes electronic service technicians)
Electricians (includes industrial electricians)
Plumbers
Industrial Instrument Technicians and Mechanics
Aircraft Instrument, Electrical and Avionics Mechanics,   Technicians and Inspectors
Underground Production and Development Miners
Oil and Gas Well Drillers, Servicers and Testers
Graphic Designers and Illustrators
Interior Designers
Chefs
Computer and Information System Technicians
International Purchasing and Selling Agents

Coding

The Labour Market Opinion (LMO) exemption code is T21 (Trader), T22 (Investor), T23 (Professional) and T24 (Intra-Company Transferee).