Canada ICT Program: Key Updates on Intra-Company Transferees
On October 3, Canada updated its guidance regarding the Canada ICT Program, specifically related to Intra-Company Transferees (ICTs). The Immigration, Citizenship and Refugees Canada (IRCC) revised section R205(a) to clarify that ICTs must involve transfers from existing multinational corporations (MNCs). The updates provide clearer guidance on assessing the “specialized knowledge” required for applicants.
Changes to ICT Guidance
IRCC made significant revisions to its guidance for section R205(a), which falls under the category of Canadian Interests – Significant Benefit. In line with these updates, IRCC has also modified staff documentation for paragraphs R186(s) and R204(a). This revision affects various free trade agreements (FTAs) linked to the Canada ICT Program, including:
- Canada–United States–Mexico Agreement (CUSMA)
- Canada–Korea Free Trade Agreement
- Canada–Peru Free Trade Agreement
- Canada–Colombia Free Trade Agreement
- Canada–Chile Free Trade Agreement
- Canada–European Union: Comprehensive Economic and Trade Agreement (CETA)
- Canada–United Kingdom Trade Continuity Agreement
- Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Major Updates to Intra-Company Transferees
Key updates regarding ICTs include:
- Clarification on Multinational Corporations: ICTs must be transfers from a foreign enterprise of an existing MNC. Guidance has been provided on how to determine if an enterprise qualifies as an MNC.
- Definition of Specialized Knowledge: The updated guidance clarifies what constitutes “specialized knowledge.” It details how to assess whether an applicant possesses this knowledge and if the position requires it.
- Eligibility Criteria: The eligibility criteria for foreign nationals applying for ICT have been clarified.
- Consolidation of Instructions: All instructions regarding ICTs under R205(a) have been consolidated into a single, comprehensive page.
Additionally, the IRCC emphasized that the ICT route should not be misused to transfer a general workforce to affiliated entities in Canada.
Standardization of Free Trade Agreement Instructions
The updates also standardized the format for free trade agreements related to the Canada ICT Program. The revisions include:
- Integrating all guidance on assessing ICTs into the ICT instructions for each FTA.
- Formatting instructions into individual pages for each temporary work provision.
- Including an overview page for better clarity.
Conclusion
The Canada ICT Program allows employers to obtain work permits for foreign nationals without requiring a Labour Market Impact Assessment (LMIA). This streamlines the process, enabling quicker access to the Canadian labor market while ensuring that the hiring of foreign workers benefits the Canadian economy.