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?
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.
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.
By Brian Johnston, K.C. and Richard Jordan On November 9, 2023, Minister of Labour, Seamus O’Regan, introduced Bill C-58 in the House of Commons to amend the Canada Labour Code to prohibit the use of…Read More
By Kevin Landry & Eryka Gregory The Retail Payment Activities Regulations (“Regulations”) under the Retail Payment Activities Act (“RPAA”) were finalized and published in the Canada Gazette Part II on November 23, 2023. The RPAA was…Read More
By Kevin Landry On November 9 2023, Bill C-365, An Act respecting the implementation of a consumer-led banking system for Canadians (“C-365”), short titled as the ‘Consumer-led Banking Act’ was read in the House of…Read More
By Jennifer Taylor The Nova Scotia Court of Appeal (“NSCA”) has issued an important decision clarifying the test to disallow a limitations defence. The decision, Halifax (Regional Municipality) v Carvery (“Carvery”), has real implications for personal…Read More
By Deanne MacLeod, K.C., Burtley Francis & David Slipp On September 21, 2023, the Federal Government introduced Bill C-56: An Act to amend the Excise Tax Act and the Competition Act (“Bill C-56”), with the…Read More
By Nancy Rubin, K.C. and Lauren Agnew The long-awaited Green Choice Program Regulations (N.S. Reg. 155/2023) were released by the provincial government on September 8, 2023, offering some clarity into the practical implementation of Nova…Read More
By Koren Thomson, John Samms, and Matthew Raske The Newfoundland and Labrador Court of Appeal has held that the Information and Privacy Commissioner for this province (the “Commissioner”) does not have the authority to order…Read More
By Perlene Morrison, K.C. Municipalities are required to pass code of conduct bylaws in accordance with section 107 of the Municipal Government Act (the “MGA”). Subsection 107(1) of the MGA specifically states that a municipality’s…Read More
By Sheila Mecking and Kathleen Starke On August 23, 2023, the Ontario Superior Court (“ONSC”) upheld a complaints decision which ordered a psychologist to complete a continuing education or remedial program regarding professionalism in public…Read More
By Dante Manna As we advised in a previous podcast, all federal employers with at least ten employees have been subject to the Pay Equity Act  (“PEA”) and Pay Equity Regulations  (“Regulations”) since…Read More