Training as a business visitor vs. training requiring a work permit

There is a fine line between when a foreign national can simply enter as a business visitor and when a work permit is required. Employers must carefully consider the parameters of the training activities in Canada to determine if a work permit is required to authorize the activities in Canada. If an officer determines that a work permit is required for the training activities, this could delay business requirements and training plans.

Short-term trainees, particularly employees of a related corporation abroad, may be permitted to enter Canada as business visitors under the business provisions as long as the trainees continue to be paid abroad and provided their duties are strictly limited to training activities while in Canada.

Employees coming to Canada to provide training can enter as business visitors in certain circumstances (e.g., when training is contemplated in the after-sales service provisions of a contract or service agreement). For instance, a foreign national entering Canada to train Canadians on machinery or software does not trigger the requirement for a work permit as long as the original contract clearly sets out the training requirement. Employees should have a copy of the service agreement with them at the time of entry, as well as an invitation letter and other supporting documents.