The inflow of international business and entrepreneurs into Canada will only drive the growth of the economy and the country’s success. By entering into bi-lateral and multi-lateral trade agreements with other countries, it will also foster the economic relationship that Canadian businesses have, making it easy for Canadian business visitors to invest in other countries.
By ensuring visa reciprocity to other countries, Canada can ensure that its economy thrives.
After-sales or lease services
People engaged in after-sales or lease services can also be categorized as business visitors if they utilize Canadian individuals in the repairing and servicing, supervising installers, and setting up and testing commercial or industrial equipment (including computer software)
The International Mobility Program authorizes people to work in Canada without a work permit if coming as a business visitor. Such individuals have to be engaged in the repair or service of specialized equipment which was purchased or leased outside Canada, provided the service is being performed as part of the original or extended sales agreement, lease/rental agreement, warranty or service contract.
After-sales and lease services equally apply to sales or lease agreement or when a purchase order is for a software upgrade to operate previously sold or leased equipment. Furthermore, a business visitor could be a service person who visits Canada for installation, configuration or training people in the use of a software upgrade. A sales or lease agreement or purchase order for a software upgrade is a new contract for a new product. Keep in mind that hands-on building and construction work is not covered by this provision.
Warranty or service agreement
For warranty or service agreements, the contracts must have been negotiated as part of the initial sales or lease/rental agreements or addendum of the initial agreement for the international visitor to be seen as a business visitor. Also, the service contracts must be negotiated with the third parties who are involved after the signing of the sales or lease/rental agreement are not covered by this provision. Where the project to be handled in Canada is not insured, a work permit and a Labour Market Impact Assessment (LMIA) is generally required.
Individuals not considered business visitors
There are certain foreign workers not who are not considered as business visitors. Some of the classes of persons not considered as business visitors are nannies, personal assistants or other people employed on a short-term basis or in a temporary capacity which is less than six months, and will need to obtain a work permit.
Furthermore, in circumstances where an employer in Canada directly contracts the services from an international organization, the employee of such company in Canada will need a work permit.
In many instances, this occurs with the North American Free Trade Agreement (NAFTA), especially where service providers are not seen as business visitors because payments are not directly from a Canadian company. This is because of the contractual agreement between the Canadian company and employee of the international organization, there is an entry into Canada’s labour market, the implication of this is that because the international organization receives remuneration from a Canadian source, the worker will not be viewed as a business visitor.
For example, a Canadian dockyard is undergoing expansion, and contracts the services of an American company based in the U.S. The American company sends one or more of their employees to Canada to work on the project on site. Since they are working in Canada, and since their U.S-based employer is receiving payment for their services, the employees do not meet the business visitor criteria and cannot receive consideration as business visitors.