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Agreement between Canada and the Italian Republic Concerning Youth Mobility

E105703 - CTS 2022/9

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

DESIRING to foster close relations between them;

INTENDING to promote and facilitate access to opportunities that enable youth to gain a better understanding of the other Party’s culture, society, and languages through a travel, work, and life experience abroad;

INTENDING to ensure reciprocity by ensuring their respective citizens benefit equally from this Agreement, as well as from the type and quality of opportunities afforded;

CONVINCED of the value of facilitating youth exchanges;

HAVE AGREED as follows:

ARTICLE 1

Purpose

The purpose of this Agreement is to:

(a) define the Canadian and Italian citizens who can benefit from this Agreement;

(b) simplify and facilitate administrative procedures applicable when citizens of one Party intend to enter, stay, travel, and work temporarily in the other Party’s territory;

(c) ensure reciprocal conditions so that citizens of the Parties benefit equally from this Agreement; and

(d) ensure ongoing collaboration and information sharing between the Parties for the successful implementation of this Agreement. The Parties shall not share personal information (namely information about an identifiable individual) under this Agreement.

ARTICLE 2

Categories of Eligible Citizens

A citizen of Canada or the Italian Republic (“Italy”) is eligible to benefit from this Agreement if that citizen falls under one of the following categories:

(a) citizens who intend to travel in the host country (the country of the Party of which they are not citizens) and obtain temporary employment to supplement their financial resources;

(b) citizens, including recent post-secondary graduates, who intend to obtain work experience in the host country under a pre-arranged contract of employment in support of their career development or that aligns with their previous field of study; and

(c) registered students of a post-secondary institution who intend to complete a pre-arranged work placement related to their field of study in the host country, as a requirement of their academic curriculum.

ARTICLE 3

Qualifying Requirements

A citizen of Canada or Italy qualifies to benefit from this Agreement if the citizen meets the following requirements:

(a) submit a complete individual application to the host country;

(b) hold a Canadian passport with a validity date exceeding by at least three months the date of validity of the visa issued by Italy or reside in Italy and hold an Italian passport with a validity date exceeding the expected period of stay in Canada;

(c) be from 18 to 35 years old, inclusive, on the date that the application is received by the host Party;

(d) pay the applicable fees;

(e) have a departure ticket before arriving in the host country or sufficient financial resources to purchase the ticket;

(f) have proof of sufficient and reasonable financial resources to cover the expenses involved at the beginning of their stay in the host country. The Parties shall notify each other, through an exchange of diplomatic notes, of the corresponding sums;

(g) purchase health care insurance, including hospitalization and repatriation, for the entire authorized period of stay prior to arriving in the host country;

(h) provide, depending on the category of participation, as the case may be:

(i) documentation proving that they have obtained a pre-arranged contract of employment in the host country in support of their career development or that aligns with their previous field of study,

(ii) documentation proving that they are registered at a post-secondary institution and that they have obtained a pre-arranged work placement related to their field of study in the host country, as a requirement of their academic curriculum,

(iii) a declaration that their intention is to travel in the host country and work temporarily to supplement their financial resources; and

(i) satisfy any other relevant requirements of Canadian and Italian immigration legislation and regulations, including admissibility, other than those set out in subparagraphs (a) to (h).

ARTICLE 4

Length of Participation for Qualified Citizens

1. An eligible citizen who satisfies the qualifying requirements of this Agreement may benefit from this Agreement on a maximum of two (2) authorized participations. The authorized period of each stay must not exceed twelve (12) months.

2. A separate application must be submitted for each participation.

ARTICLE 5

Issuance of Documents

1. Each Party shall use its best efforts to facilitate the procedures for qualified citizens of the other Party to enter and remain temporarily in its territory.

2. Subject to applicable immigration legislation and regulations as well as considerations related to public interest, public order, national security, and public health:

(a) Canada shall issue to qualified Italian citizens, a letter of introduction and, if applicable, a temporary resident visa. If so required by regulation, Canada shall issue an electronic Travel Authorization (eTA). The letter of introduction must:

(i) facilitate work permit issuance upon qualified Italian citizens’ arrival at a Canadian port of entry,

(ii) be valid for a maximum of twelve (12) months,

(iii) indicate the authorized period of stay, and

(iv) specify the category for the stay, as defined in Article 2;

(b) Canada shall issue to qualified Italian citizens who hold a valid letter of introduction, upon their arrival in Canada, a work permit valid for the entire authorized period of stay, provided that they satisfy Canadian immigration legislation and regulations and any condition resulting from the exercise of an immigration officer’s discretionary authority. The work permits issued to citizens falling under Article 2(b) or 2(c) are employer-specific in accordance with documentation provided under Article 3.1(h)(i) or (ii), and work permits issued to citizens falling under Article 2(a) are not employer-specific;

(c) Canada shall ensure that the letter of introduction is issued by the Canadian officials to whom the application is submitted.

3. Subject to applicable immigration legislation and regulations as well as considerations related to public interest, public order, national security and public health:

(a) Italy shall issue a visa to qualified Canadian citizens. The visa must:

(i) be valid for a maximum of twelve (12) months,

(ii) indicate the authorized period of stay,

(iii) specify the category for the stay, as defined in Article 2, and

(iv) be a working-holiday visa for the category under Article 2(a); be a work visa for the category under Article 2(b); be a study/internship visa for the category under Article 2(c);

(b) The procedures necessary to engage in employment in Italy for citizens under Article 2(a) must be undertaken following the arrival of the visa holder. The employer must communicate the hiring of a Canadian citizen to the competent authorities, in accordance with the national legislation of Italy.

4. Canadian and Italian citizens in possession of the documents issued by Canada or Italy pursuant to this Article are entitled to work for the entire authorization of stay, a maximum duration of twelve (12) months, including with the same employer if they so choose.

ARTICLE 6

General Provisions

1. Qualified citizens who are benefiting from this Agreement are subject to the host country’s legislation and regulations, particularly with regard to employment standards, including wages, working conditions, employment insurance benefits, and occupational health and safety. In the case of Canada, the legislation and regulations relating to employment standards primarily fall within the jurisdiction of the provinces and territories.

2. The Parties shall develop service standards that prioritize program integrity and client service based-program delivery. This includes processing applications within a reasonable timeframe, providing easy access to program information and requirements, and timely communication with applicants.

ARTICLE 7

Implementation of the Agreement

1. This Agreement shall be implemented by the Parties in accordance with applicable international law and, with respect to Italy, in accordance with the obligations arising from its membership in the European Union.

2. The Parties shall jointly determine on an annual basis, through an exchange of diplomatic notes, the maximum number of citizens of each Party who will be permitted to benefit from this Agreement.

3. The Parties shall notify each other, through an exchange of diplomatic notes, of the administrative procedures and conditions, including financial requirements referred to in Article 3.1(f), related to the implementation of this Agreement.

4. The Parties shall establish a follow-up committee responsible for applying and monitoring this Agreement. This follow-up committee is composed of representatives of the governmental authorities of each Party responsible for the implementation of this Agreement.

5. Each Party shall record statistics on the number of the other Party’s citizens that benefit from this Agreement, as well as aggregate data for age and gender. Each Party shall provide these statistics and data to the other Party for every quota year on an annual basis and on request in a timely fashion from the date this Agreement enters into force.

6. The Parties shall notify each other immediately of their concerns if program abuse becomes apparent, and shall work together to resolve the problem.

ARTICLE 8

Information and Promotion

1. The Parties shall make available, particularly on their respective governmental Internet sites, all information concerning this Agreement, including any information concerning the steps required to apply for a stay. The Parties shall ensure that all documents required for the application are electronically accessible.

2. The Parties shall promote, either independently or in collaboration, to Canadian and Italian citizens the opportunities afforded to them under this Agreement.

ARTICLE 9

Entry into Force, Amendments, Termination, Dispute Settlement and Suspension

1. The Parties shall notify each other, through an exchange of diplomatic notes, of the completion of the internal procedures required for the entry into force of this Agreement.

2. This Agreement enters into force on the first day of the second month following the receipt of the last diplomatic note referred to in paragraph 1.

3. Upon entry into force of this Agreement, the Memorandum of Understanding between the Government of Canada and the Government of the Italian Republic concerning a Youth Exchange Program, signed at Ottawa on 18 October 2006, ceases to be in effect.

4. The Parties may amend this Agreement by mutual consent through an exchange of diplomatic notes. The amendments enter into force according to the procedures defined in paragraphs 1 and 2.

5. Any dispute arising out of the interpretation or implementation of this Agreement shall be settled amicably by means of direct consultations and negotiations between the Parties through diplomatic channels.

6. A Party may at any time terminate or temporarily suspend all or part of this Agreement by giving to the other Party a thirty-day notice in writing to that effect through diplomatic channels. The termination or suspension of this Agreement does not affect citizens who hold any document issued pursuant to Article 5 or citizens already admitted under this Agreement.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.

DONE at Ottawa and Rome, this 11th day of December 2020, at Rome this 20th day of January 2021, and at Toronto, this 3rd day of February 2021, in two originals, each in the English, French and Italian languages, all texts being equally authentic.

Marco Mendicino
FOR CANADA

Luigi Di Maio
FOR THE ITALIAN REPUBLIC