Business visitors – CPTPP – Agreements or arrangements – International Mobility Program

In these instructions “officers” refers to employees of both Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.

The instructions on this page should be reviewed in conjunction with

• Business visitors [R186(a)]: Authorization to work without a work permit – International Mobility Program
• Public list of Employers who have been non-compliant

Officers should initially assess citizens (or permanent residents from specific signatory countries) of Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) countries against the general business visitor instructions for paragraph 186(a) of the Immigration and Refugee Protection Regulations (IRPR) and related Program Delivery Instructions (PDIs). In cases, where their activities are not covered by the general provisions, officers should refer to the business visitor provisions provided in Chapter 12 and Annex 12-A of the CPTPP to determine eligibility under R186(a). However, applications made under after-sales or after-lease services may be made only by citizens from certain signatory countries. For further information, see After-sales or after-lease services below.

The business visitors category of the CPTPP is open to citizens of the following countries that have ratified the CPTPP:

• Australia
• Brunei
• Chile
• Japan
• Malaysia
• Mexico
• New Zealand
• Peru
• Singapore
• Vietnam

On this page

• Eligibility
• Permissible business activities
• Documentary evidence
• Final decision
• Related links

Eligibility

To be eligible as a business visitor under the CPTPP, a foreign national must

• be a citizen of one of the following countries that has ratified the CPTPP:
  • Australia (including permanent residents)
  • Brunei
  • Chile
  • Japan
  • Malaysia
  • Mexico
  • New Zealand (including permanent residents)
  • Peru
  • Singapore
  • Vietnam
• be engaged in permissible business activities as described in Annex 12-A of the CPTPP;
• be engaged in permissible activities that are international in scope;
• not have intent to enter the Canadian labour market
  • the primary source of remuneration for the business activity remains outside Canada
  • the principal place of business of the foreign national remains outside of Canada
• be compliant with existing immigration and admissibility requirements for temporary entry
• request entry as a business visitor at the port of entry (POE).

Business visitors must apply at a POE in the same manner as persons covered by other paragraphs of R186 . An application cannot be made prior to arriving in Canada.

Border services officers at the Primary Inspection Line may make the determination that a foreign national meets the requirements for temporary entry as a business visitors, except persons applying for entry under the after-sales or after-lease service provision. These foreign nationals should be referred to Immigration Secondary due to the complexity of the application and for reasons of client service and program consistency.

Permissible business activities

The permissible business activities are generally of a commercial nature that reflect the components of a business cycle. Typical examples of business activities include, but are not limited to, consultation, negotiation, discussion, research, participation in educational, professional or business conventions or meetings and soliciting business.

The following are permissible business activities under Annex 12-A of the CPTPP:

• Meetings and consultations
• Research and design
• Manufacturing and production
• Marketing
• Sales
• Distribution
• General service
• After-sales or after-lease service

Where an activity is not listed in Annex 12-A of the CPTPP, officers should continue to assess the applicant against the general Business Visitor provisions found in the IRPR and the related PDIs.

The term “commercial transaction” found in some provisions in Annex 12-A of the CPTPP may be described as any act within the confines of the law that is performed expressly to derive a profit. Commercial transactions refer to discussions and negotiations in respect to the sale, purchase, marketing, distribution, advertisement, procurement, transmission, transportation or packaging of goods or services.

Meetings and consultations

Business visitors in this group may be attending meetings, seminars or conferences or be engaged in consultations with business associates for any purpose. There is no requirement that the meeting or consultation be related to business of an enterprise (or enterprises) located in a CPTPP country.

Research and design

Business visitors in this group are technical, scientific or statistical researchers conducting independent research or research for a foreign enterprise.

Researchers working for a Canadian enterprise require a work permit.

Manufacturing and production

Business visitors in this group are purchasing or production management personnel conducting commercial transactions for a foreign enterprise.

Marketing

Business visitors in this group are market researchers or analysts conducting independent research or analysis for a foreign enterprise.

These visitors can also be trade-fair or promotional personnel attending a trade convention.

Sales

Business visitors in this group are sales representatives or agents taking orders or negotiating contracts for goods or services for a foreign enterprise in any country, but they are not delivering goods or providing services.

These visitors can also be buyers purchasing for a foreign enterprise.

Distribution

Business visitors in this group are transportation operators who are transporting goods or passengers from a CPTPP country to Canada or loading and transporting goods or passengers from Canada onward to any other country, with no unloading of goods or passengers loaded in Canada.

General service

General service include any of the following:

• professionals and technicians engaging in a business activity at a professional or technical level as set out in Annex 12-A Section D of the CPTPP.
  • In order to determine whether the professional meets the conditions of R186(a) an officer should consider how the professional is being renumerated. An individual who is to be paid in Canada would be considered to be joining the labour market and could not be authorized to enter Canada as a business visitor, whereas, professionals whose primary source of remuneration for the business activity remains outside Canada may qualify.
• management and supervisory personnel engaging in business-related duties (for example, making arrangements to lease office space in Canada) for a foreign business
• financial services personnel (insurers, bankers and investment brokers) engaging in commercial transactions for an enterprise in any country
• tourism personnel (tour and travel agents, tour guides and tour operators) attending or participating in conventions or conducting a tour that has begun outside of Canada
  • The tour may end in Canada or outside of Canada, but it must begin outside of Canada.
• translators or interpreters performing services as employees of a foreign enterprise in a party other than Canada

After-sales or after-lease service

After-sales or after-lease service includes the installation, repair, or servicing of commercial, industrial equipment, machinery, or computer software.

Installation includes setting-up and testing of the commercial, industrial equipment, machinery, or computer software. It does not include operating the equipment or machinery, or computer software for production.

Specific eligibility requirements for after-sales or after-lease service

The after-sales or after-lease service provisions of the CPTPP are not applicable to all of the signatory countries. These provisions are only available to citizens or permanent residents of

• Australia (citizens and permanent residents)
• Brunei (citizens only)
• Chile (citizens only)
• Malaysia (citizens only)
• Mexico (citizens only)
• New Zealand (citizens and permanent residents)

As well, the following requirements apply to business visitors seeking entry under the after-sales or after-lease service provisions of the CPTPP:

• purpose of entry is to install, repair, service, or supervise these functions, or train workers to perform services;
• work is pursuant to original sales or lease contract and any warranty or service agreement incidental (connected) to the sale or lease of equipment or machinery (including computer software);
• equipment or machinery (including computer software) is commercial or industrial (not for household or personal use);
• equipment or machinery or computer software was manufactured and purchased outside Canada;
• work is carried out during the validity of any warranty or service agreement or any extensions of same;
• work requires specialized knowledge (which excludes hands-on building and construction work); and
• compliance with existing immigration requirements for temporary entry.

The CPTPP does not relieve after-sales or after-lease service personnel, or any other business person, from the obligation to comply with municipal, regional, provincial/territorial, or other federal requirements where these apply.

Work that does not meet the eligibility requirements of after-sales or after-lease service

Persons whose activities or services in Canada would constitute hands-on building and construction work may not enter under R186(a) and the CPTPP as after-sales or after-lease service providers.

Generally the entry of foreign tradespersons in the building and construction industry is subject to an assessment of the availability of domestic labour (an LMIA). As part of the LMIA process, Service Canada will consult with organized labour prior to making a determination.

For personnel performing the installation or servicing, entry should not be granted when performing hands-on building and construction work. The performance of these activities are not permitted, regardless of working in sales, warranty or service agreements supporting they be completed.

Building and construction work: includes installing, maintaining, and repairing utility services, any part of the fabric of any building or structure, or machinery, equipment, or structures within a building.

Building and construction work includes activities normally performed by (but not limited to):

• labourers;
• millwrights;
• heat and frost insulators;
• bricklayers;
• carpenters and joiners;
• electrical workers;
• operating engineers (includes heavy equipment operators);
• elevator constructors;
• sheet metal workers;
• teamsters;
• boilermakers;
• residential, commercial, or industrial painters (including the application of all service coatings no matter how applied);
• bridge, structural, and ornamental ironworkers;
• plumbers and pipefitters;
• roofers;
• plasterers and cement masons.

Building and construction work includes work involving:

• assembly lines;
• conveyor belts and systems;
• overhead cranes;
• heating, cooling, and ventilation or exhaust systems;
• elevators and escalators;
• boilers and turbines; and
• dismantling or demolition of commercial or industrial equipment or machinery, whether on-site or in-plant.

Documentary evidence

A business visitor under the CPTPP must provide the following documentation:

• proof of citizenship of a CPTPP country (or proof of permanent residence in Australia or New Zealand);
• documentation to support the purpose of entry (must be a business activity listed in Annex 12-A of the CPTPP
• evidence that the business activity is international in scope and that the they are not attempting to enter the Canadian labour market.
  • the primary source of remuneration is outside Canada, and
  • the person’s place of business remains outside Canada and the profits of the business are accumulated primarily outside Canada.

In general, an individual who is to be paid in Canada would be considered to be joining the labour market and could not be authorized to enter Canada as a business visitor. The payment of expenses incidental to the trip is allowed, as is an honorarium.

Documentary evidence for after-sales or after-lease service:

Business visitors applying under the after-sales or after-lease service provision of Annex 12-A of the CPTPP should be referred for a secondary examination when seeking entry, due to the complexity of the application and for reasons of client service and program consistency.

The following documentation is required:

• proof of citizenship or permanent residence to one of the following countries;
  • Australia (citizens and permanent residents)
  • Brunei (citizens only)
  • Chile (citizens only)
  • Malaysia (citizens only)
  • Mexico (citizens only)
  • New Zealand (citizens and permanent residents); and
• copies of the original sales or lease agreement, and warranty or service agreement, including extensions, which clearly support the purpose of entry.

The warranty or service contract must be incidental to, or connected to the sale or lease of commercial or industrial equipment or machinery, including computer software.

The warranty or service agreement does not need to have the same date as the sales or lease agreement. Particularly with third party service as it may take a number of months after the sale or lease before the company installing or servicing the machinery is identified and sub-contracted.

The initial warranty or service agreement may be extended provided that the sales or lease agreement, or initial warranty or service agreement contained a provision allowing for the extension. The after-sales or after-lease service, therefore, continues to be contracted as part of the sale of the equipment or machinery, or computer software.

Third party service

If third party service occurs, there must be clear wording in the sales or lease agreement that specifies a third party will perform the installation, warranty, or service work. Unless such wording exists, there is no evidence that the third party service is incidental to the sale or lease. However, the firm need not be named in the agreement, as it may take some time for the firm to be identified. When a third party is not named in the sales or lease agreement, business visitors may be expected to provide a letter from the seller of the equipment that identifies them as the third party referenced in the original sales or lease agreement.

When a seller or lessor located in a CPTPP country outside of Canada contracts the after-sales or after-lease servicing to a third party, it must be established in a CPTPP country.

Lack of documentation

Every effort should be made to allow documentation to be provided (e.g., by fax, email or verbal explanation) from the company in Canada or the business visitor’s employer in the applicable CPTPP country.

The requirement of documentation has been imposed in order to clearly establish that the proposed activity is incidental or connected to the sale or lease of the equipment or machinery or computer software.

A verbal statement that the business of the applicant is being carried on outside Canada can be acceptable. Alternative indications (business cards, business papers, advertising pamphlets, etc.) may be helpful.

Final Decision

Visitor record

For business visitors under the CPTPP, the maximum initial length of stay in Canada is 6 months.

Applications for extension of status should be determined based on whether the foreign national remains eligible.

Related links

• Business visitors [R186(a)]: Authorization to work without a work permit – International Mobility Program