Hiring Foreign Workers in Visual Effects (VFX), Animation and Gaming through International Trade Agreements

By Heather Bell

Under the International Mobility Program (IMP), Canadian employers can support a foreign national for a work permit without the requirement of a Labour Market Impact Assessment (LMIA). One of the most commonly used LMIA-exemption is R204: International Free Trade Agreements (FTAs). Canada currently has ten FTAs with provisions that facilitate the entry of temporary foreign workers.

Basic Requirements:

• Foreign national has pre-arranged employment or a service contract with a Canadian company; or providing a service as part of a contract between the foreign company and Canadian company.
• Foreign national is a citizen of the participating country (some FTAs include permanent residents).
• The occupation is skilled, and the foreign national has the required education and experience.

FTAs are used frequently by Canadian VFX, animation and gaming companies. Here is a brief summary of occupations listed under each FTA that are relevant to these industries:

Canada-United States-Mexico Agreement (CUSMA)

*These requirements are specific to CUSMA. However, foreign workers must also review the employment and education requirements of the National Occupation Classification (NOC) for their occupation. This is for all FTAs.

Canada-Chile Free Trade Agreement

Same as CUSMA.

Canada-Peru Free Trade Agreement

Canada-Peru FTA uses a negative list for professionals, meaning all professionals listed are excluded and cannot qualify for a work permit. It uses a positive list for technicians, allowing foreign nationals whose occupation is listed under technician to qualify for a work permit. Both professionals and technicians must meet the NOC requirements.

Canada-Colombia Free Trade Agreement

Same as Canada-Peru FTA.

Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)

Like the Canada-Peru agreement, CPTPP uses a negative list for professionals and a positive list for technicians. It is possible that some industry professionals qualify under CPTPP. However, we are cautious to suggest this since the negative list includes all professional occupations related to cultural industries.

Only citizens of Australia (permanent residents included), Mexico and Japan are eligible to participate at this time.

Canada-Korea Free Trade Agreement

The Canada-Korea FTA uses a positive list, but breaks down professionals into contract service suppliers and independent professionals. Contract service suppliers refer to a Korean entity who has been engaged by a Canadian entity to provide a service. Independent professionals mean a self-employed professional providing a service to a Canadian entity through a pre-arranged contract.

Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA)

This FTA includes both contractual service suppliers and independent professionals. However, the requirements are more specific. For example, an independent professional must have six years of professional experience in the sector of activity of the contract with the Canadian company.

Occupations listed include engineering and computer services, such as software engineers, designers and computer and information systems managers. There is no Graphic Designer listed.

Agreement on Trade Continuity between Canada and the United Kingdom of Great Britain and Northern Ireland (CUKTCA)

Same as CETA.

Canada–Panama Free Trade Agreement

General Agreement on Trade in Services (GATS)

GATS requires a service contract between a foreign entity and a Canadian entry, where the professional is required for a limited time (up to 3 months within a 12 month period) to provide a service in Canada.

Contact Us

The information provided is meant to give VFX, animation and gaming companies a high-level and brief summary of options under the trade agreements. But since each FTA has its own parameters, including how long a permit can be issued for, we encourage companies to contact our firm and review each agreement before determining what is possible.

Information about each FTA can be found here: International Mobility Program: International Free Trade Agreements.