Regulation 204 — LMIA exemptions — international agreements
Text of provision
A work permit may be issued under section 200 to a foreign national who intends to perform work under
(a) an agreement or arrangement between Canada and the government of a foreign state or an international organization, other than an agreement or arrangement concerning seasonal agricultural workers;
(b) an agreement entered into by one or more countries and by or on behalf of one or more provinces;
(c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act; or
(d) a youth mobility agreement or arrangement between Canada and the government of a foreign state or the competent authority of any other foreign territory, or between Canada and an international or domestic organization, that would create or maintain reciprocal employment for Canadian citizens in a foreign state or territory.
Plain English
Regulation 204(a) exempts from LMIA any foreign national who seeks to perform work pursuant to an international agreement between Canada and a foreign state, including CUSMA/USMCA, CETA (EU-Canada), CPFTA (Chile), and other trade agreements that include provisions on the temporary entry of businesspersons.
Each agreement specifies the eligible categories — professionals, intra-company transferees, traders and investors — and the conditions that must be met for LMIA exemption.
Practical effect
The CUSMA/USMCA Chapter 16 exemption is the most widely used LMIA exemption. It allows US and Mexican nationals in specified professions (e.g., engineers, accountants, computer systems analysts, teachers) to obtain work permits without an LMIA at the port of entry, provided they have a valid job offer and meet the qualification requirements. Canadian employers who want to hire US or Mexican professionals quickly use this route rather than the LMIA process, which takes months. The CETA equivalent applies to European professionals in specified categories.