The effective date of the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) for the first 6 countries was December 30, 2018. As other countries ratify the agreement, they are added to the annexes.

Chapter 12 – Temporary Entry for Business Persons of the CPTPP facilitates temporary entry to Canada for certain categories of business persons who hold citizenship in countries other than Canada that are signatories to the CPTPP.

As detailed below, new labour market impact assessment (LMIA) exemption codes have been created to capture data about business persons from CPTPP parties more effectively.

Member countries of the CPTPP

• Canada (ratified December 30, 2018)

• Australia (ratified December 30, 2018)

• Japan (ratified December 30, 2018)

• Mexico (ratified December 30, 2018)

• New Zealand (ratified December 30, 2018)

• Singapore (ratified December 30, 2018)

• Vietnam (ratified January 14, 2019)

• Peru (ratified September 21, 2021)

• Brunei, Chile and Malaysia have not yet ratified the temporary entry provisions.

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Categories for temporary entry
The CPTPP facilitates temporary entry for the following categories of business persons:
 

• Business visitors – Work permit exempt under subsection 186(a) of the Immigration and Refugee Protection Regulations (IRPR)

• Investors – LMIA exemption code T50

• Intra-corporate transferees – LMIA exemption code T51

• Professionals and technicians – LMIA exemption code T52

Place of application
Business visitor are work permit exempt and therefore applications can be made at a port of entry, provided the applicant already has a valid temporary resident visa or electronic travel authorization to allow them to travel to Canada. Applicants must apply for and obtain the temporary resident visa or electronic travel authorization prior to travelling to Canada.
 

Only citizens of countries that are exempt from the requirement for a temporary resident visa may apply for a work permit at the port of entry. Citizens of countries whose nationals require a visa are required to submit an application to an IRCC office abroad or from within Canada if they meet the conditions set out in section 199 of the Immigration and Refugee Protection Regulations.

To ensure a smooth entry to Canada, investors should submit their work permit application to an IRCC office prior to arrival in Canada.
 

Spousal provisions – LMIA exemption code T53
Depending on the citizenship of the principal applicant, work authorization for accompanying spouses is also facilitated, with the exception of business visitors. For spouses, the length of stay, including extensions, should be the same as the principal applicant.

Specific details on spousal eligibility, including citizenship requirements, are in the category pages .

An open work permit may be issued to the spouse of an investor, professional, technician or intra-corporate transferee if the principal applicant is either of the following:
 

• a citizen of Australia, Japan or Mexico

• a permanent resident of Australia

Extending work permits issued under the CPTPP
The CPTPP allows for extending work permits originally issued in accordance with the CPTPP. Work permits may be extended at the discretion of the officer assessing the application, provided that the necessary documentary evidence has been submitted by the applicant to support the request.

To extend a CPTPP work permit, the employer must submit a new offer of employment and the applicant must comply with regular work permit extension requirements.
 

When reviewing the duration requested by the employer, officers should examine the application and the offer of employment to ensure that the requirements and purpose of entry under the CPTPP are still being met. Extension applications under section R201 should be made online. Applications submitted at a port of entry or at an IRCC office outside of Canada are considered to be new work permit applications under section R200.

Examples of acceptable documentation to support an extension include the following:
 

• a service contract extension justification from the offering enterprise

• updated business plans

• an offer for a new contract

• feasibility studies and marketing plans

Determining eligibility
To determine eligibility, officers should consider the following factors:
 

• the intentions of the applicant

• What is the applicant doing in Canada?

• How long has the applicant been here?

• How long is the request for?

• the reason given by the applicant for applying for the extension

• Are the plans well thought out or merely frivolous?

• Has the applicant previously received an extension?

 

• the applicant’s situation in their home country

• What family, employment or other responsibilities and obligations has the person left behind?tised.

• How have these responsibilities been discharged?

• Is a prolonged stay in Canada reasonable and feasible?

• the initial intent of the application

• What was the original purpose of the business visit to Canada?

• Has the original purpose of the business visit been fulfilled?

• If the original purpose of the business visit has not been fulfilled, was sufficient time originally granted to fulfil the purpose?

• the necessary licence or documentation to practise the applicant’s occupation in Canada in instances where an occupation is regulated at a provincial or territorial level

• For example, in most provinces and territories, electrician and plumber are regulated occupations and require documentation to be practised