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Overview

Business Visitors in Canada: Working Without a Work Permit

Canada, as one of the world’s leading economies, welcomes numerous business visitors each year. Its role in the Organisation for Economic Co-operation (OECD), the Group of 7 (G7), and as a participant in the Canada-United States-Mexico Agreement (CUSMA) illustrates its commitment to fostering international business relations. Depending on the nature of their tasks and their nationality, some business visitors can conduct trade and business activities in Canada without the necessity for a work permit.

Reasons for Business Visits

Individuals might come to Canada as business visitors for numerous reasons:

  • To attend business events such as meetings, conventions, fairs, etc.
  • To procure Canadian goods or services for an overseas company.
  • To record orders for products or services.
  • To offer after-sales services, barring manual labor in construction trades.
  • To receive training from a Canadian parent company for roles outside Canada.
  • To instruct employees of a Canadian branch of an overseas firm.

Depending on their country of origin, Business visitors might need a Temporary Resident Visa (TRV) or an Electronic Travel Authorization (eTA).

After-sales or Lease Services

Professionals involved in repair, servicing, overseeing installations, and testing commercial equipment (including software) can be categorized as business visitors. Hence, they might not need a Canadian work permit. However, tasks like manual installations, typically performed by construction trades, are excluded from this provision.

Warranty or Service Agreement

The provision for business visitors applies if the service contracts were part of the original or an extension of the original sales or lease agreements. Separate service contracts post the primary agreement do not fall under this classification. Typically, such roles necessitate a work permit and a Labour Market Impact Assessment (LMIA).

Exceptions

When a Canadian company directly avails services from a foreign firm, the foreign company’s employees delivering the services in Canada need a work permit. Even if the foreign employee doesn’t receive remuneration directly from a Canadian source, the mere existence of a contract between the Canadian and foreign company implies the foreign worker’s involvement in the Canadian labor market.

For instance, if a Canadian infrastructure project employs a U.S. urban planning firm, the firm’s team members working onsite in Canada wouldn’t qualify as business visitors since the firm gets compensated for the project engagement.

Those aiming to join the Canadian labor force might need a Temporary Work Permit. Certain professionals working short-term in Canada under specific conditions might be exempt from work permits but might not be categorized as business visitors.

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