International Mobility Program: Canadian interests – Significant benefit – Intra-company transferees – Qualifying job positions [R205(a)] (exemption code C62)

Executives and Senior Managers

As in NAFTA, this group includes persons in the senior executive or managerial categories, in possession of a letter from a company conducting business in Canada, identifying the holder as an employee of a branch, subsidiary, affiliate or parent of the company which is located outside Canada. The holder must be transferring to a Senior Executive or Managerial level position at a permanent and continuing establishment of that company in Canada for a temporary period.

Executive capacity means that the employee primarily:

• directs the management of the organization or a major component or function of the organization;
• establishes the goals and policies of the organization, component, or function;
• exercises wide latitude in discretionary decision-making; and
• receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

Managerial capacity means that the employee primarily:

• manages the organization, a department, subdivision, function, or component of the organization;
• supervises and controls the work of:
  • other managers or supervisors;
  • professional employees, or
  • manages an essential function within the organization, or a department or subdivision of the organization.
• has the authority to hire and fire, or recommend these and other personnel actions, such as promotion and leave authorization; if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and,
• exercises discretion over the day-to-day operations of the activity or function for which the employee has the authority.

In general, executives and managers plan, organize, direct, or control the activities of a business, or a division of a business (e.g. Vice President of Marketing), either independently or through middle managers. They are frequently responsible for the implementation of the policies of a business. More senior persons, either alone or in conjunction with a board of directors, may formulate policies which establish the direction to be taken by the business.