MLT Aikins immigration lawyers Reis Pagtakhan and Jessica Jensen were recently invited to participate in an in-person stakeholder consultation by the Government of Manitoba as it prepares for the upcoming review of the Canada–United States–Mexico Agreement (CUSMA).
As part of the consultation, stakeholders were asked to identify key priorities and opportunities for modernization of the CUSMA. Jessica and Reis shared practical, employer focused insights based on their extensive experience advising Manitoba businesses on cross-border workforce mobility.
Their recommendations focused on potential updates to Chapter 16 of CUSMA, which governs the temporary entry of business persons to Canada, the United States and Mexico. In particular, they highlighted opportunities for Manitoba to advance proposals to Canada that would better align the agreement with today’s labour market realities faced by Manitoba businesses.
Their key recommendations included:
Shifting from a negative to positive list of professions
Modernizing the professional occupations allowed entry to Canada, Mexico and the U.S. by encouraging a shift from a “positive” list of eligible professions to a “negative” list. A positive list, which has remained largely unchanged since the North American Free Trade Agreement was introduced in 1994, limits eligibility to a fixed set of occupations. A negative list, which Canada already uses in several newer free trade agreements, would exclude only specified occupations and automatically accommodate emerging professions as the economy evolves.
If a positive list is retained, expanding it to reflect the modern economy by adding occupations that did not exist when the list was first developed, such as human resources professionals and technology roles aligned with Canada’s Global Talent Stream occupations.
Adoption of Canada’s work permit exemption model
Enhancing business visitor mobility by encouraging the adoption of Canada’s 15 and 30-day work permit exemption model across all CUSMA parties for highly skilled occupations.
Permanent resident eligibility
Extending CUSMA eligibility to permanent residents of Canada, Mexico and the U.S., an approach Canada has taken in certain other free trade agreements. This change would increase international mobility options for newcomers employed by Manitoba businesses.
Introducing more clarity on licensing requirements for individuals allowed to work under CUSMA
While CUMSA allows certain professionals to work in Canada, Mexico and the U.S., the requirement by some states and provinces to require local licensing can frustrate these opportunities. Introducing more clarity on how professionals can navigate these requirements in a timely and cost-effective manner would improve the ability of companies to do business across borders.
The MLT Aikins Immigration team regularly engages with governments, employers and industry stakeholders on immigration policy and workforce mobility issues. Participation in consultations such as this reflects the firm’s ongoing commitment to providing practical, business driven perspectives that support Manitoba’s economic growth and competitiveness.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
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