Canada: New Canadian Temporary Immigration Options Under The CPTPP

Last Updated: January 29 2019
Article by Krista Schofer

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership ("CPTPP") is a free trade agreement between Canada and 10 countries in the Asia-Pacific region (Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam). On Dec. 30, 2018, the CPTPP came into force between six countries that had ratified the CPTPP: Canada, Australia, Japan, Mexico, New Zealand and Singapore.  

The purpose of the CPTPP is to facilitate market access, investment opportunities and trade amongst the parties. Of interest from an immigration standpoint, the CPTPP contains new temporary immigration options for citizens of member countries. From a Canadian perspective, the immigration provisions are aimed at increasing opportunities to support economic growth for Canadians and Canadian businesses and adding greater certainty, predictability and expediency of the immigration process, while taking into consideration Canada's existing immigration policies and reciprocity between member countries.

The immigration categories under CPTPP are summarized below. The work permit streams under the CPTPP do not require a test of the Canadian labour market and there are no quotas or numerical restrictions for applications. Temporary workers applying for a work permit under the CPTPP must be entering with prearranged contracts or employment offers with Canadian employers. Individuals cannot be "seeking" employment to benefit from the streams.

Business Visitors

Citizens and certain permanent residents of member countries who qualify as business visitors may stay in Canada for up to six months, with possible extensions. 

Business visitors must be requesting temporary entry into Canada and meet the following requirements:

  • The primary source of remuneration for the proposed business activity is outside of Canada; and
  • The principal place of business and the predominant place of accrual of profits remain outside of Canada.

Further, business visitors must be seeking to engage in one of the following business activities:

  • Meetings and consultations – includes meetings, seminars and conferences.
  • Research and design – technical, scientific or statistical researchers conducting independent research or research for an organization outside of Canada.
  • Manufacturing and production –  purchasing or production management personnel conducting commercial transactions for an organization outside of Canada.
  • Marketing – market researchers or analysts conducting independent research for an organization outside of Canada.
  • Sales – sales representatives or agents taking orders or negotiating contracts for goods or services for an organization outside of Canada.
  • Distribution – transportation operators who are transporting goods or passengers from a place outside of Canada to Canada, or loading and transporting goods or passengers from Canada to a place outside of Canada, without unloading in Canada.
  • After-sales or after-lease services – currently only available to citizens of Australia, Mexico or New Zealand who possess specialized knowledge essential to a company outside of Canada. There must be a contract to install, repair/maintain or supervise services or training workers to perform service with respect to a warranty or other valid service contract. The activities must be with respect to the sale or lease of commercial or industrial equipment or machinery (including computer software) which has been purchased or leased from an organization located outside of Canada.
  • General service –includes certain professionals engaging in a business activity at a professional or technical level, management and supervisory personnel engaging in a commercial transaction for an organization outside of Canada, certain financial services personnel engaging in commercial transactions for an organization outside of Canada, certain tourism personnel, and translator or interpreters performing services as employees for an organization outside of Canada.

Business travelers from member countries will first be assessed under CPTPP. Where activities do not fall under CPTPP, business travelers will be assessed under the general business visitor provisions in the Immigration and Refugee Protection Act and Immigration and Refugee Protection Regulation ("Canadian Immigration Legislation").

Intra-Corporate Transferees

Intra-Corporate Transferees may stay in Canada for up to three years, with possible extensions. Intra-Corporate Transferees are business persons employed for at least one continuous year in the preceding three year period, by an organization in a member country abroad who seek to provide services in Canada to an affiliated entity in one of the following categories (*depending on the member country):

  • executive or manager;
  • a specialist*; or
  • a management trainee on professional development*.

Although the executive or manager and specialist categories are largely similar to the current intra-company categories under the General Agreement on Trade in Services, the "Management trainee on professional development" is a new category for intra-company transfers. It is defined as 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.


Individuals who have invested a substantial amount of capital into Canada may apply for a work permit and stay in Canada for up to one year, with possible extensions. Investors are defined as business persons seeking to establish, develop or administer an investment to which the business person or the business person's enterprise has committed, or is in the process of committing, a substantial amount of capital, in a capacity that is supervisory, executive or involves essential skills.

Professionals and Technicians

Highly-skilled professionals and technicians may stay in Canada for up to one year, with possible extensions. The CPTPP has a list of specific occupations that are permitted under this category on a country-by-country basis.

Professionals are based on a negative list – all highly skilled (NOC 0 & A occupations) are permitted, except those that are specifically listed. Technicians are based on a positive list – only those specific occupations listed are permitted.

Under to the CPTPP, there are wage, education and experience requirements for professionals and technicians. Professionals and technicians should be provided with at least the prevailing wage received by other similarly qualified professionals and technicians in the industry and in the area where the work is being performed. Further, to qualify as a professional or technician, the applicant must have theoretical and practical application of a body of specialized knowledge and either evidence of licensing or certification in their occupation (if required by the applicable province or territory in Canada). Where the occupation is unregulated, evidence of the required education or work experience must be demonstrated.

To qualify as a professional, the applicant must have the following:

  • a post-secondary degree of four or more years, unless otherwise specified in the country-specific occupation list, and any additional requirements defined in the National Occupational Classification ("NOC"); and
  • paid work experience of at least two years in the sector of activity of the prearranged services.

To qualify as a technician, the applicant must have the following:

  • a post-secondary or technical degree of two or more years, unless otherwise specified in the country-specific occupation list, and any other minimum requirements for entry defined in the NOC; and
  • paid work experience of at least four years in the sector of activity of the prearranged services.

The applicant must also have the ability to communicate in either French or English for the purpose of the job to be performed in Canada.

What this means for employers

The CPTPP provides new opportunities for citizens of member countries to visit and work in Canada temporarily. Further, under the principles of reciprocity, the immigration benefits provided to member countries under the CPTPP are reciprocated and available to qualifying Canadians. This facilitates the entry of Canadians in the member countries and provides Canadians and Canadian companies with new immigration, market and investment opportunities in member countries. The provisions under CPTPP effectively give Canadian employers another option in growing their workforce with the benefit of skilled foreign nationals.

Read the original article on

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
Dale & Lessmann LLP
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Dale & Lessmann LLP
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions