In general, foreign nationals require a work permit for legal authorization to work in Canada, but there are exceptions allowing business visitors to perform certain kinds of work without needing a permit.
Business visitors can work without needing a permit because they are not considered to be entering the Canadian labour market.
This article will explain
- What business visitors are generally legally permitted to do in Canada; and
- Common kinds business visitors and the specific conditions they must meet during their stay in Canada.
For more information on determining if you qualify as a work permit-exempt business visitor, read our previous article in this series.
If you have any doubt about whether you or one of your employees qualifies as a business visitor, you may wish to consult with an experienced immigration lawyer.
Being prepared with legal advice and/or a legal opinion letter can help you or your employee avoid running afoul of Canadian authorities, or being refused entry at the border.
Consult with an experienced immigration lawyer
What can business visitors do in Canada?
According to Canadian legislation, foreign nationals can qualify as business visitors when their work is limited to the following business activities during their time in Canada:
| Business activity | Description of role and activities |
|---|---|
| Meetings and consultations | Businesspersons attending: - Meetings; - Seminars; or - Conferences. |
| Research and design | Technical, scientific, and statistical researchers who are conducting independent research, or research for an enterprise in a country other than Canada. Purchasing and production management personnel conducting commercial transactions for a business in a country other than Canada. |
| Manufacture and production | Purchasing and production management personnel conducting commercial transactions for a business in a country other than Canada. |
| Marketing | Market researchers and analysts conducting research or analysis either independently, or for an enterprise in a country other than Canada. This can also include trade fair and promotional personnel attending a trade convention. |
| Sales and purchasing | Sales representatives and agents taking orders or negotiating contracts for goods and services (but not delivering goods or providing services) for an enterprise in a country other than Canada. |
| Distribution | Transportation operators transporting goods or passengers from Canada, without unloading in Canada, to the territory of another country; or operators who transport goods and passengers from another country to Canada. |
| After-sales or After-lease service | Installers, repair, and maintenance personnel, and supervisors who: - Possess specialized knowledge essential to seller or lessor’s contractual obligation; and/or - Who are performing services or training personnel to perform services. The need for the foreign national to enter Canada must be pursuant to a warranty, or other service contract incidental to the sale or lease of commercial or industrial equipment or machinery (including computer software). The commercial or industrial machinery/equipment must be from a enterprise located outside Canada to meet the requirements for business visitors. |
| General service | This encompasses: - Businesspeople engaging in activity at a professional or technical level; - Management and supervisory personnel engaging in a commercial transaction for an enterprise in a country outside Canada; - Financial service personnel (insurers, bankers, or investment brokers) engaging in commercial transactions on behalf of an enterprise located outside Canada; - Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in a country other than Canada; or - Translators or interpreters preforming services as employees of an enterprise in a country other than Canada. |
What conditions should be met to maintain business visitor status?
Here are some common examples of business visitors and the specific conditions that are placed on their stay:
| Example of business visitor | Specific conditions to required for business visitor status |
|---|---|
| After-sales service provider as part of a warranty or sales agreement | The foreign national’s service contract must be for specialized commercial or industrial equipment purchased or leased outside Canada. These contracts must be related to - Repair; - Service; - Set up; - Test; and/or - Supervising work. |
| Supervisors | Must supervise the installation of specialized machinery purchased or leased outside Canada. |
| Training and installation workers | Foreign nationals entering to train prospective users or maintenance staff in Canada on how to use specialized equipment purchased outside Canada. The foreign national must maintain their position in the home branch and not be paid any compensation by the Canadian branch. |
| Member of a board of directors, attending a meeting in Canada | Foreign nationals attending a board of directors meeting in Canada are generally considered to be business visitors if there is no direct entry into the Canadian labour market. |
| Employees of short-term temporary residents of Canada | Foreign nationals employed by short-term residents of Canada in a personal capacity (for example, as a nanny, personal assistant, or caregiver) may be considered business visitors when accompanying their employer. If the employer extends their stay (usually longer than 6 months), such that the employee is no longer predominantly working outside Canada, or their primary source of remuneration is no longer outside Canada, these employees may no longer qualify as business visitors. |
| Employee of a foreign company that is contracting a Canadian company | In situations where a foreign company has contracted a Canadian company to do some work, they may send an employee to Canada for quality assurance and inspection purposes. The foreign national in this case must remain an employee of the foreign company, on said company’s payroll. In addition, the foreign company requesting the service must be the primary beneficiary of the employee’s work and maintain their principal place of business outside Canada. |
The above table is not a complete account of examples or conditions of business visitor status. For more information, see our dedicated webpages.
Further conditions
After-sales service provider as part of a warranty or sales agreement
These contracts must be either an extension of the original agreement, or negotiated as part of the original sales, rental, or lease agreement for the equipment.
Member of a board of directors, attending a meeting in Canada
If these individuals wish to perform other business-related activities beyond attending the meeting (even those related to their position as a member of a board) while in Canada, they may require a work permit.
Employee of a foreign company that is contracting a Canadian company
These foreign nationals may be considered business visitors in Canada and may have the opportunity to stay in the country for up to two years.
The ability to stay in Canada for such an extended period as a business visitor is not common. Applicants in this role may need to re-apply to extend their business visitor status periodically.
Canadian regulations around business visitors are complex and nuanced.
Even if you are confident that you or your employee qualifies as a business visitor, it may be worth consulting with an experienced immigration lawyer and/or obtaining a legal opinion letter prior to seeking entry to Canada as a business visitor.
Consult with an experienced immigration lawyer