Post-Brexit impact on CETA mobility
The Canada-European Union Comprehensive Economic Trade Agreement (“CETA”) includes mobility provisions between Canada and European Union (“EU”) member states, providing a useful route for investors, contractual service providers, independent professionals, intra-company transferees, and business visitors to obtain authorization to carry out work activities in Canada.
Given the United Kingdom (“UK”) officially left the EU on Friday, January 31, 2020, are UK citizens still able to make use of CETA for work in Canada?
Transition period
Fortunately, no major changes immediately took place since the UK’s “Brexit” from the EU. The EU and UK were able to negotiate a Withdrawal Agreement that was signed on January 24, 2020 and formally approved on January 30, 2020. Accordingly, the UK has entered a transition period for approximately 11 months, at least until Dec 31, 2020, with possible extension.
During this transition period, the UK will have time to discuss the terms of its longer-term relationship with the EU, while otherwise benefiting from largely the same status. In particular, Canada has agreed that the UK can continue to be party to international treaties between the EU and Canada, including CETA.
Consequently, UK citizens should be able to continue to benefit from CETA’s mobility provisions to gain work authorization in Canada throughout the transition period.
Post-transition period
Once the transition period ends and the UK is no longer considered party to CETA, Canada and the UK would have to directly negotiate a bilateral agreement. Therefore, mobility options beyond the transition period are not yet clear.
However, for those who were considering CETA’s intra-company transferee provisions, there may still be opportunity under Canada’s general intra-company transferee category based on paragraph 205(a) of the Immigration and Refugee Protection Regulations. Similarly, individuals who were considering applying for a work permit on the basis of other CETA provisions may have options through the Temporary Foreign Worker Program’s Labour Market Impact Assessment (“LMIA”) process, or other LMIA-exempt work permit categories.
Our immigration group would be pleased to help you better understand your post-Brexit options to work in Canada as a citizen of the United Kingdom.
This update is intended for general information only. If you have questions about the above, please contact a member of our Immigration group.
Click here to subscribe to Stewart McKelvey Thought Leadership.
Archive
Perlene Morrison Prince Edward Island’s municipal legislation is being modernized with the implementation of the Municipal Government Act (the “MGA”). The legislation has now received royal assent and will be proclaimed in force at a future date.…
Read MoreJonathan Coady and Chera-Lee Gomez It’s that time of year – the moment when we look back at the year that was and chart our course for the year ahead. For many councillors, administrators and planning professionals…
Read MorePeter McLellan, QC and Michelle Black In a recent decision, R v McCarthy’s Roofing Limited, Judge Anne Derrick provided some much-needed clarity around what it means to be a “constructor” on a job site. This is critical as…
Read MoreRick Dunlop On December 13, 2016, the Government of Canada released A Framework for the Legalization and Regulation of Cannabis in Canada: The Final Report of the Task Force on Cannabis Legalization and Regulation (“Report”). The Report’s…
Read MoreBrian Johnston, QC Canadian employers are already coping with approximately 75,000 Canadians authorized to use medical marijuana. Health Canada expects that this number will increase to about 450,000 by 2024. Employers know that medical marijuana…
Read MoreJonathan Coady With its decision in Canada Post Corporation v. City of Hamilton,1 the Ontario Court of Appeal has confirmed that the placement of community mailboxes by Canada Post is a matter beyond the reach of municipalities…
Read MoreJennifer Taylor Introduction Thanks to some dirty windows, insurance lawyers have a new go-to Supreme Court case on issues of policy interpretation: Ledcor Construction Ltd v Northbridge Indemnity Insurance Co, 2016 SCC 37. The insurers in Ledcor Construction had…
Read MoreJennifer Taylor Introduction Appeal courts in Ontario1 and Nova Scotia2 have now issued decisions about Trinity Western University’s proposed law school (“TWU”) in British Columbia, and at first glance they couldn’t be more different. The Court of Appeal for…
Read MoreJoe Thorne1 and Giles Ayers2 Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable evidence, and permit litigants to assess their legal exposure…
Read MoreOn July 14, 2016 the Supreme Court of Canada issued a significant decision affecting federally regulated employers across Canada. In Wilson v. Atomic Energy of Canada Limited the Court held that the purpose of the unjust dismissal…
Read More