WORLD TRADE  
ORGANIZATION  TN/S/W/42 
S/WPDR/W/33 
25 May 2005 
 
 (05-2106) 
Council for Trade in Services Special Session Working Party on Domestic Regulation Original:   English 
 
 
 
COMMUNICATION FROM CANADA 
 
Transparency Template - Canada’s Revised Horizontal Mode 4 Offer  
 
 The following communication, dated 20 May 2 005, from the delegation of Canada is being 
circulated to the Members of the Council for Trad e in Services and the Working Party on Domestic 
Regulation.  
_______________ 
 
 
1. Few WTO Members would dispute that many existing horizontal mode 4 commitments are 
not sufficiently transparent.  In that regard, Canada  has been promoting the transparency of horizontal 
mode 4 commitments.  Some Members are aware that, as a way of improving the understanding of 
mode 4 commitments, Canada has proposed that each Member provide voluntarily - and separate from its specific commitments -  all relevant info rmation sources for each of its commitments:  i.e., 
links to the relevant parts of all laws, regula tions, policies, practices or administrative guidelines 
relevant to each specific mode 4 commitment. 
2. Canada has promoted the use of a template as a practical and effective way to improve the 
information related to horizontal mode 4 commitments .  We have attached, for use with our revised 
mode 4 offer, a completed template that provides lin ks to the  immigration laws, regulations, policies 
and administrative guidelines relevant to each of Canada’s current horizontal mode 4 commitments 
and those in our initial and revised offers.  This in formation is provided for purposes of transparency 
and neither interprets nor forms any pa rt of Canada’s specific commitments.  
3. Canada believes that this information will he lp both trade policy officials and business people 
better understand and assess and make use of Canada’s mode 4 commitments. 
 
  
  TN/S/W/42 
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Page 2 
 
Horizontal Mode 4 Commitments Law Regulations Ad ministrative Guidelines Other Public Information 
 
1. Intra-Corporate Transferees  
 
A natural person of another Member who has been employed by a juridical person s
 of another 
Member for a period of not less than one year 
within the three-year period immediately 
preceding the date of application for 
admission to Canada  and seeks temporary 
entry in order to render services to (i) the same juridical person which is engaged in substantive 
business operations in Canada or (ii) a juridical 
person constituted in Canada and engaged in 
substantive business operations in Canada 
which is owned by or controlled by or affiliated with the aforementioned juridical person. 
 
These comprise:   
 a) Executives
 
 
A natural person employed by a juridical person 
who primarily directs the management of that juridical person, establishes goals and policies 
for that juridical person or for one of its major components or functions, and has wide 
decision-making powers with little senior 
supervision.   
  
 
   
2002 Immigration 
and Refugee 
Protection Act at  http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
  
2002 IRPA 
Regulations, (at  
http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, 
Issuance of Work 
Permits, Canadian   Interests,  
Regulation  205(a).  
  
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign 
Worker Manual at  http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Sections 5.28 and 5.31, p. 25, 28-30, Parts 1 and 3, and 
Appendix D on GATS.    
1. Working Temporarily in 
Canada 
www.cic.gc.ca/english/work/inde
x.html  
and 
http://www.cic.gc.ca/english/wor
k/exempt-2.html  
 
2. Publication/brochure called "Temporary Entry to Canada 
under  the General Agreement on 
Trade in Services" 1996, C&I-
155-03-96CIC, 
p. 4.  
3. Publication called “You Asked 
About…immigration and citizenship” at 
http://www.cic.gc.ca/english/pub/
you-asked/section-18.html  
 
  TN/S/W/42
S/WPDR/W/33
Page 3Horizontal Mode 4 Commitments Law Regulations Ad ministrative Guidelines Other Public Information 
 
 b) Managers  
 A natural person employed by a juridical person 
who directs that juridical person or one of its 
departments or subdivisions; supervises and controls the work of other supervisory, 
professional or managerial employees; and has discretionary control of the juridical person's daily affairs and can make employment 
decisions. 
  c) Specialists
 
 A natural person employed by a juridical person 
who possesses specialized knowledge at an 
advanced level of expertise and proprietary knowledge of the juridical person’s product, 
service, research equipment, techniques or management. 
 
d) Persons entering for career              
      development purposes]  
 
A natural person employed by a juridical 
person for not less than one year within the 
period immediately preceding the date of 
application for admission to Canada and 
who seeks temporary entry and stay for 
career development purposes or to obtain 
training in business techniques or methods. 
 
 
       
 
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Page 4 
Horizontal Mode 4 Commitments Law Regulations Ad ministrative Guidelines Other Public Information 
 
2. Business visitors (including service  
    sellers and persons responsible for   
    setting up a commercial presence)  
  
A natural person who stays in Canada without 
acquiring remuneration from within Canada and 
without engaging in making direct sales to the 
general public or supplying services, for the 
purposes of participating in business meetings, 
business contacts including negotiations for the 
sale of services and/or other similar activities 
including those to prepare for establishing a 
commercial presence in Canada and  to supply 
after-sales or after-lease services.  
  
2002 Immigration 
and Refugee Protection Act at  
http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
  
 
  
  
 
  
2002 IRPA 
Regulations, (at  http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 9, Division 3, Work without a permit, Regulations 
186a & 187. 
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign Worker Manual at  
http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Section 5.2, p. 9 and Appendix 
D on GATS.   
 
 
  1. Working Temporarily in 
Canada www.cic.gc.ca/english/work/inde
x.html  
 2. Publication/brochure called 
"Temporary Entry to Canada under  the General Agreement on Trade in Services" 1996, C&I-
155-03-96CIC, 
 p. 4. 
 
   
 
 
3. Contract Service Suppliers (CSS)  
 
A natural person who is an  employee of a 
juridical person of another Member and seeks 
to engage, as part of a services contract 
granted by a juridical person or a services 
consumer in Canada and obtained by that  
juridical person of the other Member (other 
than agencies as defined by CPC 872), in an 
activity at a professional level in an 
occupation listed in the chart below, provided 
that the person possesses the necessary 
education and accreditation requirements as 
stipulated in the chart below.  
 
  
2002 Immigration 
and Refugee Protection Act at  
http://laws.justice.
gc.ca/en/I-
2.5/SOR-2002-
227/index.html  
 
 
  
 
 
 
 
   
2002 IRPA 
Regulations, at  http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, Regulation 204(a) 
on international 
agreements. 
 
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign Worker Manual at  
http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Section 5.26, p. 19 on the 
labour market test exemption for GATS professionals, 
Section 5.27, p. 20 and 
Appendix D on GATS.
  1. Working Temporarily in 
Canada www.cic.gc.ca/english/work/inde
x.html  
 2. Publication/brochure called 
"Temporary Entry to Canada under  the General Agreement on 
Trade in Services" 1996, C&I-
155-03-96CIC,  p. 4. 
  TN/S/W/42
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Page 5 
Horizontal Mode 4 Committments Law Regulations Ad ministrative Guidelines Other Public Information 
 
4. Independent Professionals  
 
A natural person who is a self-employed 
professional in another Member and seeks to 
engage, as part of a services contract granted 
by a juridical person or a services consumer 
in Canada and obtained by that professional 
in an activity at a professional level in an 
occupation listed in the chart below, provided 
that the person possesses the necessary 
education and accreditation requirements as 
stipulated in the chart below.  
  
2002 Immigration 
and Refugee 
Protection Act at  http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
 
  
 
 
  
2002 IRPA 
Regulations at 
http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, 
Regulation 204(a) 
on international agreements.  
  
Temporary Foreign Worker 
Guidelines/FW1 Foreign Worker Manual at  
http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Section 5.26, p. 19 on the 
labour market test exemption for GATS professionals, 
Section 5.27,  p. 20 and 
Appendix D on GATS.
  1. Working Temporarily in 
Canada 
www.cic.gc.ca/english/work/inde
x.html  
 
2. Publication/brochure called "Temporary Entry to Canada 
under  the General Agreement on 
Trade in Services" 1996, C&I-155-03-96CIC, 
 p. 4. 
 
 
5. Other 
 
Spouses and common-law partners of 
qualifying intra-corporate transferees or 
professionals  
  
2002 Immigration 
and Refugee 
Protection Act at http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
 
   
   
2002 IRPA  
Regulations at 
http://laws.justice.g
c.ca/en/I-2.5/SOR-
2002-
227/index.html  
Part 11, Division 3, 
Regulation 
205(c)ii, spouses and common-law 
partners of skilled workers.  
Temporary Foreign Worker 
Guidelines/FW1 Foreign Worker Manual at  
http://www.cic.gc.ca/manuals-
guides/english/fw/fwe.pdf  
Section 5.39, p. 35.  
1. Working Temporarily in 
Canada www.cic.gc.ca/english/work/inde
x.html  
 2. News Release November 
2001at 
http://www.cic.gc.ca/english/pres
s/01/0125%2Dpre.html  
 
Note:    The categories listed  in this template reflect both  Canada’s current commitments and elements of its initial and revi sed mode 4 offers.  
a)  Plain text – Canada’s current commitments   b)  Bold/Italics/Shaded – Canada’s initial offer  c )  Bold/Shaded – Canada’s revised offer  TN/S/W/42 
S/WPDR/W/33 
Page 6 
 
Occupation1 Minimum Education Requirements/Alternative 
Credentials Other  Requirements 
 
Engineers  
 
Agrologists  
 
  
Architects
 
  
Forestry Professionals
 
  
Geomatics Professionals
 
 
 
Land Surveyors  
   
Baccalaureate degree.
2 
 
Baccalaureate degree in agriculture or related science plus four years of related experience. 
  
Baccalaureate degree in architecture. 
  
Baccalaureate degree in forestry management or forestry 
engineering, or a provincial license.  
 
Baccalaureate degree in surveying, geography or 
environmental sciences plus three years related 
experience. 
 
Baccalaureate degree.  
  
Provincial license.3 
 
Licensing is required in New Brunswick, Alberta and Québec.  Temporary licensing is required in 
British Columbia.  
Provincial license and certificate required to 
practice.  
Licensing as a forester or forestry engineer is 
required in Alberta, British Columbia and Québec.  
 
  
 
 
Provincial license.  
 
 
  
 
                                                
 
1 In May 2005, the  definitions of these professions could be found in Canada’s National Occupation Classification (NOC) at      
http://www.hrsdc.gc.ca/en/hip/hrp/noc/noc_index.shtml  
 
2 The term "Baccalaureate degree" means a degree from an accredited academic institution in Canada or equivalent.  Academic equivalencies will be determined by the 
relevant equivalencies services in Canada.  
 
3 The term "Provincial license" means any document issued by a prov incial government, or under its authority, which permits a per son 
    to engage  in a regulated activity or profession . 
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Page 7 
 
Occupation Minimum Education Requirements/Alternative 
Credentials Other  Requirements 
 
Foreign Legal Consultants  
 
Urban Planners  
 
Information and Communications 
Technology Professionals  
 
  
 
 
 
  
 
  
Management Consultants   
Baccalaureate degree in law. 
 
Baccalaureate degree in urban planning.  
Baccalaureate degree in computer sciences or related a 
discipline and two (2) years of experience in computer 
sciences; or  
 
Baccalaureate degree and five (5) years of experience in 
computer sciences; or  
A Canadian I.S.P. designation (Information Systems 
Professional of Canada) or a licence or designation from a 
recognized foreign certification body.4 
 
 
A designated Certified Management Consultant (CMC) or 
equivalent designation recognized by the International 
Council of Management Consulting Institutes (ICMCI); 
or 
 
A management consultant certified by an accreditation 
body that is not recognized by the ICMCI but having a 
Baccalaureate degree and 5 years experience in a field 
directly related to the nature of the service contract.  
 Provincial license. 
 
Provincial license.  
__________ 
                                                 
4 Current list of recognized certification bodies:  United Kingdom - British Computer Society (BCS);  United States - Institute for the Certification of Computing 
Professionals (ICCP);  Canada - Canadian Information Processing Society (CIPS); New Zealand - New Zealand Computer Society (NZC S); Australia - 
Australian Computer Society (ACS).