IRCC’s CPTPP instructions outline when eligible foreign nationals may enter Canada as business visitors without a work permit, including the activities they may carry out and the evidence they should provide at the port of entry.
Who may qualify as a CPTPP business visitor
To qualify, a foreign national must be a citizen of a CPTPP country that has ratified the agreement. Permanent residents of Australia and New Zealand may also qualify. Applicants must be carrying out a permissible activity that is international in scope, with their primary source of remuneration and principal place of business remaining outside Canada.
Applicants must also meet temporary-entry and admissibility requirements and request entry as a business visitor at a port of entry. Applications cannot be made before arrival in Canada.
IRCC lists Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United Kingdom and Vietnam among the countries whose citizens may qualify under this category.
Permissible business activities under the CPTPP
The CPTPP covers commercial activities connected to the business cycle, including meetings and consultations, research and design, manufacturing and production, marketing, sales, distribution and general service. Where an activity is not listed in Annex 12-A of the agreement, officers may assess it under the general business visitor provisions.
Examples include attending meetings, seminars or conferences; conducting independent research or research for a foreign enterprise; undertaking market research; taking orders or negotiating contracts for a foreign enterprise; and purchasing for a foreign enterprise. Sales representatives and agents may not deliver goods or provide services.
General service activities may include certain professional or technical work, management and supervisory duties for a foreign business, financial-services transactions, qualifying tourism activities, and translation or interpretation services for a foreign enterprise. A person paid in Canada would be considered to be joining the Canadian labour market and could not be authorized as a business visitor.
After-sales and after-lease service has additional limits
The CPTPP provisions for after-sales or after-lease service cover the installation, repair or servicing of commercial or industrial equipment, machinery or computer software, including setup and testing. They do not cover operating equipment or software for production.
These provisions are available only to citizens or permanent residents of certain CPTPP countries identified in IRCC’s instructions. The work must be connected to an original sales or lease contract and an incidental warranty or service agreement, involve equipment or software manufactured and purchased outside Canada, and require specialized knowledge.
Hands-on building and construction work is not permitted under these provisions. People seeking entry for after-sales or after-lease service should be referred for secondary examination at the port of entry.
Documents and length of stay
Business visitors must provide proof of citizenship in a CPTPP country, or proof of permanent residence in Australia or New Zealand where applicable. They should also provide documentation supporting the purpose of entry, that remuneration remains outside Canada, and that their place of business and business profits remain primarily outside Canada.
For after-sales or after-lease service, applicants must provide documents supporting the original sale or lease and the related warranty or service agreement. Where third-party service is involved, the documentation must establish that the service is connected to the original sale or lease.
The maximum initial length of stay for a CPTPP business visitor is six months. Extension applications are assessed on whether the foreign national remains eligible.
Source: Official IRCC announcement