Fishing guides: [R205(a) – C11 Canadian lakes - self employed] or [R205(b) – C20 border lakes – reciprocity] - Unique work situations – International Mobility Program

In these instructions “officer” refers to employees of both IRCC and the Canada Border Services Agency (CBSA).

The instructions on this page should be reviewed in conjunction with the following:

• Reciprocal employment general guidelines [R205(b) - C20] - Canadian interests - International Mobility Program
• Employer-specific work permits - General processing - International Mobility Program
• Assessing the genuineness of the offer of employment on a work permit application – R200(5)
• Conditions and validity period on work permits (temporary workers)
• Public list of Employers who have been non-compliant

Since 1993, Canada and the United States (U.S.) have recognized the legitimate nature of both countries’ labour certification process (confirmation) for fishing guides who want to operate in the other country, as the temporary entry provisions of Canada-United States-Mexico Agreement (CUSMA) do not apply to fishing or hunting guides. As a result, such guides in Canada are subject to either a labour market impact assessment (LMIA) requirement or an exemption from the LMIA requirement pursuant to the Immigration and Refugee Protection Regulations (IRPR) depending on the location of work and the type of employer.

For administrative code C11, LMIA exemption is for guides who are self-employed (where there is no employer on either side) and can demonstrate that their activities attract tourism or benefit Canadian citizens or permanent residents.

For administrative code C20, LMIA exemption is based on the principle and fact that Canadian fishing guides are accorded a similar privilege to work on the U.S. side of a border lake.

On this page

• Definitions
• Eligibility
• Documentary evidence
• Application assessment
• Final decision
  • Approval
  • Refusal
• Family members
• Previous updates

Definitions

Border lake: A border lake is a lake that straddles the Canada–U.S. border.

Canadian lake: A Canadian lake is a lake that is fully inside the Canadian border.

Eligibility

• U.S. citizen or permanent resident.
• An offer of employment submitted by the employer.

LMIA exempted

• Fishing guides on Canadian lakes who are self-employed, with no employer on either side of the border, under IRPR paragraph R205(a) and LMIA administrative code C11 – self-employed
  • The fishing guide must demonstrate they would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents.
  • The fishing guide must be able to demonstrate that their activities attract tourism or benefit Canadian citizens or permanent residents.
• Fishing guides on border lakes work permits under LMIA administrative code C20 – reciprocal employment are facilitated under IRPR paragraph R205(b) and based on the principle and fact that Canadian fishing guides are afforded a similar privilege to work on the U.S. side of the border lake. The reciprocity is established on the totality of the border lakes across Canada and the U.S. This means that fishing guides on border lakes do not have to demonstrate reciprocity on an individual basis provided all other requirements are met.

LMIA required

Not for consideration under either administrative code listed above

• U.S. fishing guides who are not self-employed fishing guides and who wish to work on a Canadian lake which is fully inside the Canadian border.
• U.S. fishing guides working for a Canadian employer, such as a resort.

Consistent with the privilege of free navigation in the Boundary Water Treaty, U.S. guides who cross the Canadian boundary line to get to a U.S. fishing destination are not required to report for examination by Canadian port of entry officials. U.S. fishing guides possessing an Ontario fishing licence and fishing well across the boundary line within Canada are not considered to be incidentally in Canada and do require a work permit.

Documentary evidence

• Proof of U.S. citizenship or permanent residence
• An offer of employment submitted by the employer
• C11 Canadian lakes - Self-employed: Officers may determine a work permit application meets the requirement of paragraph R205(a) if they are satisfied that
  • the work of a foreign national will benefit or provide opportunities for Canadians or permanent residents socially, culturally or economically,
  • supporting documents may include income and expenditures, a business plan and ownership documents.
• C20 Border lakes - employment is facilitated under IRPR paragraph R205(b) and based on the principle and fact that Canadian fishing guides are afforded a similar privilege to work on the U.S. side of the border lake. The reciprocity is established on the totality of the border lakes across Canada and the U.S. This means that fishing guides on border lakes do not have to demonstrate reciprocity on an individual basis provided all other requirements are met.
• In addition officers may determine a work permit application meets the requirement of paragraph R205(b) if they are satisfied that
  • the applicant has provided evidence that the work is for fishing season and during daylight hours only.

Application assessment

Foreign nationals who are eligible for processing under administrative codes C11 or C20 are subject to all other eligibility and admissibility requirements under the Immigration and Refugee Protection Act (IRPA) and the IRPR.

Officers must be satisfied that all eligibility requirements are met at the time of the decision on the work permit application.

C11: Canadian lakes - Self-employed

Fishing guides must be able to demonstrate that their activities attract tourism or significant benefit to Canadian citizens or permanent residents.

• Significant benefit can be assessed based on the following, but not limited to:
  • if the officer is satisfied that the majority of profits will be remaining in Canada (that is, any amounts charged to ‘guests’ directly cover costs associated with the trip), or
  • by the amount of money the business spends in Canada for goods and services and/or the Canadians employed.

Final decision

The work permit will be issued under the authority of subparagraph R205(a) – C11 Canadian lakes - self employed or R205(b) – C20 border lakes – reciprocity.

In GCMS, under the “Application” screen, officers should enter the information below in the specified fields for all applications.

Approval

In GCMS, under the “Application” screen, officers should enter the additional information below in the specified fields for approved applications.

Refusal

If an officer has determined that the applicant does not meet the eligibility requirements, they should record their refusal reasons for decision and outline the rationale underlying the decision as well as the facts and elements considered in a case note. For assistance, officers can follow the steps in Decision-making: Standard of review and process for making a reasonable decision.

Family members

There are no specific provisions for family members in this stream.

Previous updates

2017-02-13

2022-12-06