For existing companies in Canada

• The Canadian and foreign companies must have parent, branch, subsidiary, or affiliate business relationships.
• Both companies must be actively engaged in business. This means they must continuously provide goods or services, and the company must be operating in Canada.

For start-up companies in Canada

• Having established offices in two or more countries and generating revenue. (In the case of CPTPP, one country may suffice.)
• Having the financial ability to support the startup costs of the business and pay employee wages.
• Creating and submitting a business plan that includes realistic plans for securing personnel for the new business and expanding operations in Canada.
• Securing (or in the process of securing) a physical business location.
• If transferring executives or managerial employees to Canada, the company must be of sufficient scale to support this.
• If transferring specialized knowledge employees, their work must be expected and directed by management in Canada.
• The transferee must be able to demonstrate the ability to establish the company in Canada.

• Currently employed by a multinational company outside of Canada, which serves as the sending entity.
• Transferring to a Canadian company that is a branch, parent company, subsidiary, or affiliate of the employing company.
• Employed at a legitimate and ongoing business location of the company in Canada.
• Meeting all foreign entry requirements as set forth by Canadian immigration law.
• Having worked continuously, full-time, for at least 1 year within the past 3 years in a role that is comparable to the position they will assume in Canada.

Circumstances in which the “full-time employment” requirement may be waived

Even if the employment is part-time, other factors, including the following, may be taken into consideration:

• The employee’s length of employment.
• The comparability of the position held abroad and the position in Canada.
• The nature of the part-time role (e.g., number of working hours).
• Whether the company is misusing the ICT program for purposes other than its intended scope.

Circumstances in which the “1 year of continuous employment” requirement may be waived

If there has been a recent acquisition or merger of the company, the “1 year of continuous employment” requirement may be waived if the employee has worked for at least one year within the past three years at an affiliate of the new company.

Managerial position

Senior Manager

A position responsible for managing all or part of the company, overseeing and supervising the work of other managerial or specialized employees.

Functional Manager

A position responsible for managing specific functions necessary to achieve the company’s objectives. This does not necessarily include managing employees.

Executive

A position primarily responsible for overseeing the management of the entire company or its key divisions.

Position requiring specialized knowledge

A job performed by employees who possess advanced expertise in the company’s products, services, processes, and procedures, as well as company-specific knowledge.