CETA: Contractual Service Suppliers and Independent Professionals

Under the provisions of the Comprehensive Economic and Trade Agreement (CETA), certain contractual service suppliers and independent professionals may work in Canada without a Labour Market Impact Assessment (LMIA) needing to be obtained.

Under CETA, applicants in either category may stay in Canada for a cumulative period of no more than 12 months in any 24-month period or for the duration of the contract, whichever is less.

Applicants in either category must be:

• citizens of a European Union member state;
• engaged in the temporary supply of a service for a period not exceeding 12 months (if longer than 12 months, the commitments in CETA will only apply for the initial 12 months of the contract); and
• contracted to provide a service in accordance with the regulations set out in CETA.

Applicants must also possess:

• a university degree or a qualification demonstrating knowledge of an equivalent level; and
• professional qualifications if required to practice an activity pursuant to the laws or requirements in the province or territory where the service is supplied.

Some categories of engineering and scientific technologists are eligible to enter Canada as professionals without a university degree.

Specific criteria for contractual service suppliers

Contractual service supplier means an employee of an enterprise in the European Union (EU) who has a contract to supply a service to a Canadian consumer. The EU enterprise cannot have an establishment in Canada.

In addition to the general criteria listed above, as a contractual service supplier, the applicant must also:

• be engaged in the supply of a service on a temporary basis as an employee of an enterprise which has obtained a service contract;
• have been an employee of the EU-headquartered enterprise for at least one year prior to application;
• possess three years of professional experience in the sector of activity that is the subject of the contract at the date of submission; and
• not receive remuneration for the provision of services other than the remuneration paid by the enterprise employing the contractual service suppliers during their stay in Canada

Specific criteria for independent professionals

Independent professional means a self-employed professional who has a contract to supply a service to a Canadian consumer.

In addition to the general criteria listed above, as an independent professional, the applicant must also:

• be engaged in the supply of a service on a temporary basis as a self-employed person; and
• possess at least six years of professional experience in the sector of activity which is the subject of the contract as of the date of submission of an application for entry into Canada.

Service sectors

Contractual services suppliers or independent professionals may enjoy facilitated entry to the Canadian labour market if their work is in one of the following sectors or sub-sectors.

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