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BUSINESS
VISITORS
Canada's universal immigration provisions have no equivalent to
the B-1 business visitor category in the U.S., and, in fact, no such
nomenclature exists outside of the NAFTA, CCFTA and GATS. In the U.S.,
the B-1 category formulates, in conceptual terms, the necessary elements
for one to engage in business activities without the need for an
employment-based nonimmigrant visa. Thus, as long as there is no
U.S.-based remuneration, the benefit of the activity accrues abroad, and
when certain other requirements are complied with, there is a myriad of
activities in which one may engage without an employment-based
nonimmigrant status. Such is not the case in Canada. ?b>
Universal Provisions
By contrast to the U.S. B-1 concept, in Canada, subsection 19(1)
of the Immigration Regulations lists only 24 specific activities for
which one is not required to obtain an employment authorization before
engaging in these employment activities in Canada. The rationale for
this section is that entry of persons to engage in these listed
activities generally does not have an adverse impact on the labor
market.
Examples of persons who may seek entry into Canada for employment
purposes without previously obtaining an employment authorization
include diplomats and other officials accredited to Canada, military
personnel, certain crew members, foreign journalists, judges and
referees at international sporting events, those pursuing a medical
elective at a Canadian medical school, certain convention organizers,
and students engaged in on-campus employment.
The language of Regulation 19(1) is often terse in its
description of the various activities. Accordingly, the following is an
explanation of selected employment authorization-exempt categories of
interest to U.S. practitioners, based on the Immigration Manual and
operations memoranda published by Citizenship and Immigration Canada (CIC).
Clergy and related workers-19(1)(c). Persons coming to Canada to
be employed by a congregation or a religious order in the achievement of
its spiritual goals may receive full remuneration for their services
without having an employment authorization. The person may enter Canada
to work as an ordained minister or as a layperson, provided that the
responsibilities assumed are of a spiritual nature and consist mainly of
preaching doctrine, presiding at liturgical functions, or spiritual
counseling. Persons coming to work in a religious institution in areas
of a non-spiritual nature (e.g., secretarial, management, or finance
occupations) will not qualify for this exemption.
The exemption is a simplified version of the R visa category in
the U.S., except that there is no two-year membership requirement and no
need to apply for an employment-based status. An applicant from a
Schedule II visa exempt country may simply appear at a Canadian port of
entry with the appropriate documentation to apply for entry in this
category.
Performing artists-19(1)(d). This exemption applies only to a
performing artist or group and the staff members who accompany the
artist or group when there is a total number of no fewer than 15
persons. Examples are the Ice Capades, ballet or opera companies, a
circus, or a musical band. Accompanying staff includes only those
individuals who are integral to the performance, including those with
skills or knowledge unique to the performance. It is not necessary for
the performer and the accompanying members to enter Canada at the same
time and place, providing the group number is 15 or more and the group
is performing together in Canada.
Other entertainers exempt from the requirement of an employment
authorization are guest personalities being interviewed on radio or
television shows where remuneration is nominal or non-existent, and
certain foreign film or television producers coming to Canada to produce
a film or documentary entirely funded abroad. All other entertainers
require an employment authorization.
In contrast to performers applying for O or P status in the U.S.,
no peer advisory consultation is required for artists seeking entry into
Canada on an employment authorization-exempt basis. Furthermore, no
prior petition need be filed, and where the performers are visa exempt
there is instant adjudication at the port of entry. Unlike the P
category, there are no restrictions based on length of association with
the group.
Buyers-19 (1)(g). An employee of a foreign business or foreign
government may come to Canada for the purpose of purchasing Canadian
goods or services for that business or foreign government. The range of
persons included in this exemption is broad and includes those who are
coming to arrange for the export of goods and services, those designated
by the purchaser to control the quality of the product during and after
manufacture, and those persons who wish to acquire training or
familiarization with the goods or services purchased. A pre-condition to
admission under this exemption is that the person may not contribute to
or be actively engaged in production of the goods and services in
Canada.
Sellers-19(1)(h). Individuals coming to Canada to sell their
products may be permitted to do so without an employment authorization
under certain circumstances. The seller must be involved in the sale of
goods but not services, and cannot sell directly to the general public.
This exemption permits sales to wholesalers, retailers,
institutions, and to businesses that would use the product for their
business. Admission under this exemption is limited to a period of fewer
than 90 days.
Intracompany employees-19(1)(i). Permanent employees of
corporations or unions that carry on business outside Canada are
permitted to enter Canada for the purposes of consulting with other
employees or members of those corporations or unions in Canada, or
inspecting a Canadian branch office or headquarters on behalf of those
unions or corporations. The types of activities permitted under this
exemption are in-house consultation, monitoring, negotiating, auditing,
and inspecting, and do not include performing hands-on managerial
duties. This exemption does not apply to employees of outside firms or
auditors hired by the company for these or other purposes.
Interestingly, entry under this exemption is also limited to a
period of fewer than 90 days. There is no such short-term temporal
limitation on any work-related visa in the U.S., and there is no
provision for short-term Ls coming to consult. In the U.S., the issue is
not so much for how long admission is sought, but rather, what activity
is carried on while in the U.S. If the activity could well be viewed as
employment, such as in-house consultation or auditing, even if one seeks
entry for only a few days, the need to obtain a work visa remains. In
addition, in Canada this exemption based on length of stay does not
require any specific period of previous employment for this category of
intracompany transferee.
Emergency service personnel-19(1)(j). The purpose of this
exemption is to facilitate the entry of persons coming to Canada to
render services in times of emergency. Such emergency services may be
medical, i.e., to preserve the life of one or more persons. The
emergency services may also be to preserve property as the result of a
natural disaster or an industrial or commercial accident threatening the
environment. Among the persons who may be admitted under this exemption
are doctors, medical teams, appraisers, insurance adjusters, or hydro
workers.
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