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
Daniela Bassan Last month, the Supreme Court of Canada released its much-anticipated decision in Keatley Surveying Ltd. v Teranet Inc., 2019 SCC 43. This was a certified class proceeding on behalf of all land surveyors…
Read MoreKillian McParland With the federal election coming up next week on October 21, 2019, it is a good time for a reminder of the employer obligations under the Canada Elections Act. Employees who are eligible…
Read MoreJohn Samms The upcoming federal election is drawing near. You may be thinking about exercising your democratic and constitutional right to vote – you may not be. You may never even consider participating in the…
Read MoreTwila Reid and Kara Harrington On January 1, 2020, changes to the Newfoundland and Labrador Occupational Health and Safety Regulations, 2012 (“Regulations”) will take effect. These changes impact employers in a variety of ways, most…
Read MorePeter McLellan, QC In the January 18, 2019 article, Change is the only constant – Bill C-86 changes in federal labour and employment regulation, we outlined in detail massive changes to how federal labour and…
Read MoreRick Dunlop and Madeleine Coats The proposed Workplace Harassment and Violence Prevention Regulations (“Regulations”) will replace the current workplace violence obligations in the Canada Occupational Health and Safety Regulations. Although the Regulations will likely not…
Read MoreHilary Newman Earlier this year, the Prince Edward Island Labour Relations Board (“Board”) issued a decision¹ wherein it certified the Charlottetown Professional Firefighters Association (“Association”) as bargaining agent for: All employees of the City of…
Read MoreBryan Mills and John Morse On May 21, 2019, the New Brunswick Labour and Employment Board (”Board”) dismissed an application by the New Brunswick Union of Public and Private Employees (“Union”) seeking certification as bargaining…
Read MoreJonathan Coady and Justin Milne The Ontario Court of Appeal has found that the Greenhouse Gas Pollution Pricing Act¹ is valid federal legislation.² The Act implements national minimum pricing standards to reduce greenhouse gas (“GHG”) emissions.…
Read MoreRichard Niedermayer, TEP, Jennifer Taylor and Bhreagh Ross, summer student There is a right to testamentary freedom under section 7 of the Charter, according to a recent decision of the Nova Scotia Supreme Court. In…
Read More