Foreign camp owner or director, and outfitters [R205(a) – C11] – Unique work situations – International Mobility Program

In these instructions “officer” 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

• Employer-specific work permits – General processing – International Mobility Program
• Assessing genuineness of the offer of employment on work permit application – R200(5)
• Conditions and validity period on work permits
• Public list of Employers who have been non-compliant

For a camp owner, or equal share camp owners, directors or their spouse or common-law partner, a work permit is required, but they are exempt from a Labour Market Impact Assessment (LMIA) pursuant to paragraph 205(a) of the Immigration and Refugee Protection Regulations (IRPR), administrative code C11.

Other members of the foreign owner’s family, should they wish to be employed by the camp, will be subject to the LMIA requirement as detailed in Business owners seeking only temporary residence – [R205(a) – C11].

These program delivery instructions apply whether the camp is a children’s recreational facility or a hunting or fishing camp/outfitter.

In these instructions, the term “spouse” refers to either a common-law partner or a married spouse. To be considered a spouse, the applicant must be in a genuine relationship with the principal foreign national.

On this page

• Eligibility
• Documentary evidence
• Application assessment
• Genuine relationship
• Final decision
• Family members
• Related links
• Previous updates

Eligibility

Foreign nationals involved with outfitting operations in which no fees are charged do not require work permits and may be admitted as tourist visitors.

Business visitors – Foreign national owners of outfitting operations with paying clientele may be admitted as business visitors (tour operators or guides) if they are accompanying the clientele from outside Canada and if there is little in the way of services being provided to the clientele while in Canada. For example, the foreign national is not preparing meals or providing guiding services but is assisting with any problems the clientele may encounter after arriving at the destination.

A foreign national owner of an outfitting operation in which fees are charged is eligible for an LMIA-exempt work permit if the business is able to satisfy the requirement of significant benefit to Canada.

Recognizing that many outfitting operations are owned jointly by individuals with equal shares of a fishing or hunting operation (for example, 5 owners, each with 20% ownership), IRCC is allowing the C11 exemption for each of these owners if the business is able to satisfy the requirement of significant benefit to Canada.

Other owners (for example, owners with a lesser share) in this category must apply for a work permit as employees and thus require an LMIA if they are conducting “work”.

Documentary evidence

Requirements for fishing and hunting outfitters vary by province (for example, there is a yearly licence for commercial outfitters in Saskatchewan). In conducting their review of the camp/outfitting or fishing operation, officers should request and review the relevant licences or registration documents that the foreign national has obtained.

Supporting documents may include income and expenditures, rental or lease agreements for the land, and a business plan and ownership documents.

Application assessment

A key step for officers is to identity the essential elements of the camp/outfitting or fishing operation: ownership, share of ownership, other foreign nationals and Canadians involved with the operation (namely guides and employees), the services provided by the operation, fees charged, Canadian goods and services being used, etc. It is also necessary to determine whether “work” is occurring.

For the assessment of foreign nationals entering Canada where the officer assesses that the foreign national does not qualify as either a tourist or a business visitor and is involved to some degree with any fishing or hunting outfitting operation or is working as a camp/outfitter in the province, the information below may assist in decision-making:

• Sole owner or majority owner (and spouses)
  • Eligible for an LMIA-exempt work permit under C11 if the officer is satisfied that significant benefit to Canada is substantiated
• Owner with equal share (and spouses)
  • Eligible for an LMIA-exempt work permit under C11 if the officer is satisfied that significant benefit to Canada is substantiated
• Other owner (that is, not a majority owner or an equal owner)
  • Requires an LMIA and a work permit as an employee if carrying out “work”
• Non-owner (including guides)
  • See Fishing guides

Significant benefit for these typically small, seasonal outfitting operations can be assessed based on the following:

• amount of income brought into and remaining in Canada (meaning any amounts charged to foreign “guests” or clientele that directly cover the costs associated with the trip)
• amount spent on goods and services in Canada or wages to Canadians or permanent residents
• assessment of general economic stimulus, meaning development or job creation
• assessment of whether or not the outfitter is impinging on other Canadian service providers. For example, are other Canadian outfitters in the area losing business directly because of this outfitter’s operation? An officer could consult with the provincial or territorial tourism authority (or outfitting association, if applicable) for their opinion. An officer might also suggest that the outfitter obtain a letter from a local chamber of commerce attesting to their business’s economical benefit to the region, or advise them to obtain one for next entry.

Genuine relationship

In accordance with section R4, a foreign national shall not be considered a spouse or a common-law partner of a person if the marriage or common-law partnership either

• was entered into primarily for the purpose of acquiring any status or privilege under the IRPA, or
• is not genuine.

If officers have concerns as to the genuineness of the relationship, to be procedurally fair, they should request further documentation or information to confirm that the relationship between the dependent spouse and the principal foreign national is genuine and is not a relationship of convenience. Procedural fairness means giving the applicant the opportunity to respond to the officer’s concerns prior to any decision.

If the officer believes that the applicant has misrepresented themselves, the officer should follow the instructions for proceeding with a determination.

Final decision

For detailed instructions, please review Business owners seeking only temporary residence – [R205(a) – C11] – International Mobility Program.

Family members

The spouses of foreign national owners whose application for an LMIA-exempt work permit under administrative code C11 is approved may also obtain such work permits if they are otherwise admissible to Canada.

Related links

• Significant benefit – General guidelines (C10)
• Business owners seeking only temporary residence – [R205(a) – C11] – International Mobility Program

Previous updates

2014-12-18