Business visitors to Canada will face increased scrutiny under new officer instructions

The criteria foreign business people must meet to enter Canada without a work permit just became stricter.

Canada’s immigration legislation has long provided a work permit exemption allowing individuals to enter the country for certain business purposes. This allowed relatively easy access for travellers from certain countries to enter Canada for valid business purposes with very little evidence or paperwork. New instructions issued to immigration officers this month will tighten the rules on who meets this exemption and the qualifying evidence that should be provided.

A primer on business visitors

Found at section 186(a) of the Immigration and Refugee Protection Regulations, the business visitor work permit exemption facilitates international business activity in Canada by allowing foreign nationals to enter Canada for certain business matters, so long as they are not directly entering the Canadian labour market. Permissible business activities under this exemption may include:

• Purchasing Canadian goods or services or receiving training in relation to those goods or services;
• Attending business meetings, trade shows, or conferences;
• Providing after-sales services as part of a warranty or sales agreement;
• Providing employee training for a Canadian branch of a foreign company; and
• Taking orders for goods or services.

Business visitors can generally remain in Canada for up to six months, though trips are generally shorter. Their employment and primary source of remuneration must remain outside of Canada during their business visit, and they cannot perform work functions while already in Canada on business.

What’s changed?

First, the good news: the recent updates to the business visitor rules include a clarification that the examples of allowable business activities provided in the legislation are merely examples, and are not intended to represent an exhaustive list. This leaves the door open for business visitors to enter for other, albeit similar, purposes. Moreover, the new instructions provide an opportunity for frequent travelers with a positive immigration compliance record to receive longer-term or multiple-entry business visitor approval.

Notwithstanding these beneficial changes, employers and travellers should be aware that the updates now require business visitors to travel with proof of their employer’s financial support for their trip if applicable. Additionally, business visitors must provide proof of their personal funds and ability to financially self-support while in Canada, regardless of whether their employer will cover their expenses. Further, the updated officer instructions make a point to hone in on the requirements that must be considered in every business visitor application, including that the foreign national must not be entering the Canadian labour market, that the business activity is international in scope, that remuneration and the principal place of business must remain outside of Canada, and that the foreign national must provide proof of their business purpose in entering Canada, as well as a letter of invitation from the Canadian entity they will visit. Based on this updated, clear-cut language, employers can expect a stricter application of these criteria moving forward.

Employer takeaways

Historically, business travellers may have taken a lacks approach to entering Canada. Business travellers will commonly attempt entry without evidence of their purpose in Canada. These changes represent a more stringent approach to the assessment of business visitor applications that many may not be fully prepared for. At best, appearing at a Canadian port of entry without proper paperwork may result in denied entry and a long flight back to your originating country. At worst, this could result in an allegation of misrepresentation. Employers, companies, and business travelers should not expect any previous leniency they were provided at the border to apply moving forward, and should undertake additional preparations for entry to Canada, including collecting financial information and documentation evidencing the purpose of entering Canada.

For further information on preparing business people for entering Canada, and on whether you or your employees may qualify for a work permit exemption, contact a member of the MLT Aikins immigration team today.

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