CETA (Comprehensive Economic and Trade Agreement) is a free trade agreement between Canada and the European Union. It includes provisions for facilitating temporary work mobility between Canada and EU member states.
Under CETA, eligible individuals from EU member states may apply for a work permit to work in Canada for up to one year without the need for a Labour Market Impact Assessment (LMIA). This means that the employer does not need to prove that there are no Canadians available to fill the position.
To be eligible for a CETA work permit, the applicant must:
- Be a citizen of an EU member state
- Have a job offer from a Canadian employer in an eligible occupation
- Meet the qualifications and requirements for the job
Eligible occupations under CETA include a wide range of professions, including but not limited to engineers, technicians, management consultants, and research and development personnel.
It’s important to note that while a LMIA is not required for CETA work permits, applicants must still meet other immigration requirements, such as admissibility to Canada and possessing a valid passport.
CETA (Comprehensive Economic and Trade Agreement) includes provisions that protect investors from the European Union and Canada by establishing a framework for investment protection and dispute resolution.
Under CETA, investors from the European Union and Canada can benefit from:
- National Treatment: Investors are treated no less favorably than domestic investors in terms of their investments.
- Most-Favored-Nation Treatment: Investors are treated no less favorably than investors from any third country.
- Fair and Equitable Treatment: Investors are entitled to fair and equitable treatment under the law, and protection against arbitrary or discriminatory treatment by the host state.
- Protection against Expropriation: Investors are protected against direct or indirect expropriation without prompt, adequate and effective compensation.
- Investment Dispute Resolution: CETA provides for a transparent and efficient dispute resolution mechanism for investment disputes, including access to independent arbitrators.
These provisions apply to a wide range of investments, including direct and indirect investments, as well as investments in services, intellectual property, and other related areas.
It’s important to note that CETA’s investment provisions have been the subject of some controversy, with critics arguing that they could limit the ability of governments to regulate in the public interest. However, supporters of the agreement argue that the provisions are necessary to provide investors with the confidence and protection they need to invest in foreign markets.
CETA Application Procedures
The application procedures for CETA (Comprehensive Economic and Trade Agreement) depend on the specific provisions being applied for, as the agreement covers a range of areas including trade in goods, services, investment, and government procurement. Here is a general overview of the application procedures for some of the key provisions:
- Tariff Elimination: Under CETA, tariffs are gradually eliminated on a wide range of goods traded between the European Union and Canada. To take advantage of this provision, importers/exporters must follow the rules of origin requirements and complete the necessary paperwork. This includes obtaining a proof of origin certificate and declaring the correct tariff classification for the goods.
- Services and Investment: CETA also includes provisions for facilitating the temporary movement of professionals and investors between Canada and the EU. To apply for these provisions, eligible individuals must follow the specific application procedures for the relevant work permit or visa. This may include submitting an application, providing supporting documentation, and attending an interview.
- Government Procurement: CETA also provides for access to government procurement opportunities in Canada and the EU for eligible suppliers. To apply for these opportunities, suppliers must follow the specific procurement rules and procedures of the relevant government agency.
In general, it is important to carefully review the specific provisions of CETA that apply to your situation, and to follow the relevant application procedures and requirements closely. This may involve working with a trade or immigration specialist to ensure that your application is complete and meets all of the necessary criteria.
Contractual Service Supplies and Independent Professionals
Under CETA (Comprehensive Economic and Trade Agreement), contractual service suppliers and independent professionals from the European Union and Canada are eligible to provide services in each other’s markets on a temporary basis.
Contractual service suppliers are businesses that provide services through the temporary presence of their employees in the market of another country. Independent professionals, on the other hand, are self-employed individuals who provide services on a temporary basis.
To take advantage of this provision, eligible contractual service suppliers and independent professionals must meet certain requirements, including:
- Residency: The individual or business must be a resident of an EU member state or Canada.
- Eligible Activities: The services provided must be listed in the Annex 10-C of CETA, which includes a range of professions such as accountants, architects, engineers, and management consultants.
- Temporary Presence: The individual or business must provide the services on a temporary basis and must not establish a permanent presence in the host country.
- Qualifications: The individual or business must meet the necessary qualifications and requirements for the profession they are engaged in.
It is important to note that CETA provides for temporary entry and stay, but it does not allow for permanent residency or citizenship in the host country.
To take advantage of this provision, eligible individuals and businesses should review the specific requirements and procedures for obtaining the necessary work permits or visas, which may vary depending on the country and profession. They may also need to work with an immigration or trade specialist to ensure compliance with relevant laws and regulations.
In conclusion, CETA is a comprehensive trade agreement between Canada and the European Union that aims to strengthen economic ties and promote trade and investment between the two regions. The agreement covers a range of areas, including trade in goods, services, investment, and government procurement.
CETA provides a number of benefits for businesses and individuals from both regions, including tariff elimination, access to government procurement opportunities, and temporary entry and stay for professionals and investors. However, it is important to carefully review the specific provisions and requirements of CETA and to follow the relevant application procedures closely to ensure compliance with relevant laws and regulations.
Overall, CETA represents a significant step forward in the economic relationship between Canada and the European Union, providing opportunities for increased trade and investment that can benefit both regions.