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Agreement between Canada and the Czech Republic concerning the Facilitation of Temporary Work Stays of Youth [2007] CATSer 12 (1 October 2007)

E105080

AGREEMENT BETWEEN CANADA AND THE CZECH REPUBLIC CONCERNING THE FACILITATION OF TEMPORARY WORK STAYS OF YOUTH

CANADA AND THE CZECH REPUBLIC, hereinafter referred to as “the Parties”

DESIRING to promote close co-operation and partnership between the two countries;

WISHING to encourage mobility and exchanges of youth; the enhancement of excellence of post-secondary institutions and non-governmental organizations; and the enhancement of competitiveness of businesses, including small- and medium-sized businesses, in the two countries;

WISHING to develop opportunities for their young citizens to complement their post-secondary education or training; to acquire work experience; and to improve their knowledge of the other country’s languages, culture and society, and thus to promote mutual understanding between the two countries;

CONVINCED of the value of facilitating such temporary work stays of youth;

HAVE AGREED on the following provisions:

ARTICLE 1

Purpose

The purpose of this Agreement is to simplify and facilitate administrative procedures applicable when young citizens of one Party, eligible under this Agreement, wish to enter and stay in the territory of the other Party to complement their post-secondary education or training; to acquire work experience; and to improve their knowledge of the other country’s languages, culture and society.

ARTICLE 2

Eligibility

The following Canadian and Czech citizens shall be eligible to benefit from the application of this Agreement:

a) Young citizens, including post-secondary graduates, who wish to obtain further remunerated training in the host country under a pre-arranged contract of employment in support of their career development;

b) Registered students of a post-secondary institution in their home country who wish to complete part of their academic curriculum in the host country by undertaking a pre-arranged, mandatory and remunerated internship or work placement, including in the context of an arrangement between post-secondary institutions;

c) Young citizens, including registered students in their home country, who intend to travel in the host country and who wish to obtain remunerated employment on an occasional basis in order to supplement their financial resources.

ARTICLE 3

Requirements

1. To qualify to benefit from this Agreement, young citizens of either Party who fall under one of the categories referred to in Article 2 shall submit an individual application to the other Party’s diplomatic mission or, if applicable, consular post, in the territory of the Party of which they are citizens, provided that they fulfill the following conditions:

a) Be between the ages of 18 and 35 inclusively on the date the application is submitted;

b) Be a Canadian citizen residing in Canada and holding a Canadian passport with a period of validity exceeding the expected duration of stay under this Agreement or a Czech citizen residing in the Czech Republic and holding a Czech passport with a period of validity exceeding the expected duration of stay under this Agreement;

c) Be in possession of a return ticket or sufficient financial resources to purchase such a ticket and have proof of financial resources necessary to cover the expenses involved at the beginning of their stay in the territory of the other Party;

d) Agree to take out insurance for health care, including hospitalization and repatriation, for the duration of their authorized stay, prior to their entry in the territory of the other Party;

e) As the case may be:

i. Demonstrate that they have obtained a pre-arranged contract of employment; or

ii. Provide documentation proving registration at a post-secondary institution in their home country and demonstrate that they have obtained a pre-arranged internship or work placement; or

iii. Confirm their intention to stay in the territory of the other Party to vacation there with the possibility of obtaining remunerated employment on an occasional basis to supplement their financial resources;

f) And meet any other requirements of the host country’s immigration legislation.

2. Eligible citizens may qualify up to a maximum of two times to benefit from the application of this Agreement, provided that it is under two different categories as set out in Article 2 and that there is an interruption between each stay. The duration of each stay shall not exceed one year.

ARTICLE 4

Fees

1. No fees shall be charged for the application under Article 3, paragraph 1 of this Agreement.

2. If deemed justified for the administration of this Agreement, each Party reserves the right to introduce a fee for the application under Article 3, paragraph 1 of this Agreement. Such a decision shall be communicated to the other Party through diplomatic channels. In such a case, the other Party may impose a fee on the basis of reciprocity.

ARTICLE 5

Entry and Stay

1. Each Party shall facilitate, under the terms of this Agreement, the procedures whereby the qualifying citizens of the other Party may enter and stay in its territory.

2. Subject to public policy considerations, the authorities of each Party shall issue to the other Party’s qualifying citizens, pursuant to Article 3, a document granting access to its territory. The document shall be valid for a maximum of one year and shall specify the reason for the stay.

a) In the case of Canada, it shall consist of a letter of introduction and, if applicable, a visa.

b) In the case of the Czech Republic, it shall consist of a visa for a stay exceeding 90 days.

3. The access documents described in the preceding paragraph shall be issued to qualifying citizens by the other Party’s diplomatic mission or consular post where the application was submitted pursuant to Article 3.

ARTICLE 6

Authorization to Work

1. Canadian citizens qualifying to benefit from the application of this Agreement and who have been issued a visa for a stay exceeding 90 days pursuant to Article 5, paragraph 2, are authorized to engage in employment in the Czech Republic without reference to the labour market situation and without a work permit for the duration of the validity of the above-mentioned visa.

2. Czech citizens qualifying to benefit from the application of this Agreement and who have been issued a letter of introduction pursuant to Article 5, paragraph 2:

a) Shall receive, in cases specified in Article 2 a) and b), upon their arrival in Canada and without reference to the labour market situation, a temporary work permit for a specified employer valid for the duration of their authorized stay; or

b) Shall receive, in cases specified in Article 2 c), upon their arrival in Canada and without reference to the labour market situation, a temporary open work permit for occasional employment valid throughout the territory of Canada for the duration of their authorized stay.

ARTICLE 7

General Provisions

1. Citizens of either Party who are benefiting from the application of this Agreement shall be required to obey the laws and regulations in force in the host country, particularly with regards to the practice of regulated professions.

2. The laws and regulations of the host country relating to social welfare, unemployment benefits and social assistance shall apply.

3. Citizens of either Party who are benefiting from the application of this Agreement shall be given the same treatment as citizens of the other Party with regards to working conditions and wages, in accordance with the domestic laws and regulations of the host country.

4. This Agreement does not affect obligations of each Party arising from other international treaties.

ARTICLE 8

Incentives

The Parties shall encourage government institutions, non-governmental organizations, post-secondary institutions and the private sector to lend their support to the application of this Agreement, particularly by giving advice to citizens so that they can obtain information and look for work placements or employment.

ARTICLE 9

Implementation

1. The Parties shall set on an annual basis, through an exchange of diplomatic notes, the number of citizens, based on reciprocity, who will be allowed to benefit from the application of this Agreement.

2. The minimum amount of financial resources required under Article 3, paragraph 1 c), shall be determined by mutual consent of the Parties, through an exchange of diplomatic notes.

3. The number of citizens benefiting from the application of this Agreement shall be counted from the entry into force of this Agreement to the end of the current year, and then annually from January 1 to December 31.

4. The Parties shall inform each other through diplomatic channels of all administrative procedures and conditions related to the implementation of the Agreement.

ARTICLE 10

Consultations

The Parties may, at any time, consult with each other concerning the interpretation and implementation of the provisions of this Agreement.

ARTICLE 11

Final Provisions

1. Each Party shall provide written notification to the other Party, through diplomatic channels, of the completion of the internal procedures required for this Agreement to come into force.

2. This Agreement shall come into force on the first day of the second month following the date of the latter of the notifications referred to in the preceding paragraph.

3. Either Party may at any time temporarily suspend the application of this Agreement, in part or in whole, by providing written notification to the other Party, including the effective date of suspension, through diplomatic channels. Suspension shall not affect the right to stay of persons already admitted in the territory of the host country under the terms of this Agreement.

4. Either Party may at any time terminate this Agreement with three months’ written notice through diplomatic channels. Termination shall not affect the right to stay of persons already admitted in the territory of the host country under the terms of this Agreement.

5. This Agreement may be amended in writing through mutual consent and such amendments shall enter into force according to the procedures established in paragraphs 1 and 2 of this Article.

IN WITNESS WHEREOF, the undersigned, duly authorized to this purpose have signed this Agreement.

DONE at Ottawa, this 23^rd day of November 2006, in two original copies, in the English, French and Czech languages, each version being equally authentic.

Tom MacDonald

FOR CANADA

Pavel Vosalík

FOR THE CZECH REPUBLIC