NAFTA allows American or Mexican citizens who meet certain criteria to come to Canada as Business Visitors; these people are exempt from the Work permit requirements. In order to qualify:

• The applicant must be a citizen of USA or Mexico;
• The activities to be performed must fall within the scope of Appendix 1603.A.1 of NAFTA (reproduced below);
• The activities must be international in scope;
• The primary source of remuneration must be outside Canada;
• The principal place of business must be outside Canada; and
• The applicant has no intention of entering the Canadian labour market.

Appendix 1603.A.1
Business Visitors

Research and Design

• Technical, scientific and statistical researchers conducting independent research or research for an enterprise located in the territory of another Party.

Growth, Manufacture and Production

• Harvester owner supervising a harvesting crew admitted under applicable law.
• Purchasing and production management personnel conducting commercial transactions for an enterprise located in the territory of another Party.

Marketing

• Market researchers and analysts conducting independent research or analysis or research or analysis for an enterprise located in the territory of another Party.
• Trade fair and promotional personnel attending a trade convention.

Sales

• Sales representatives and agents taking orders or negotiating contracts for goods or services for an enterprise located in the territory of another Party but not delivering goods or providing services.
• Buyers purchasing for an enterprise located in the territory of another Party.

Distribution

• Transportation operators transporting goods or passengers to the territory of a Party from the territory of another Party or loading and transporting goods orpassengers from the territory of a Party, with no unloading in that territory, to the territory of another Party.
• With respect to temporary entry into the territory of the United States, Canadian customs brokers performing brokerage duties relating to the export of goods from the territory of the United States to or through the territory of Canada.
• With respect to temporary entry into the territory of Canada, United States customs brokers performing brokerage duties relating to the export of goods from the territory of Canada to or through the territory of the United States.
• Customs brokers providing consulting services regarding the facilitation of the import or export of goods.

After-Sales Service

• Installers, repair and maintenance personnel, and supervisors, possessing specialized knowledge essential to a seller's contractual obligation, performing services or training workers to perform services, pursuant to a warranty or other service contract incidental to the sale of commercial or industrial equipment or machinery, including computer software, purchased from an enterprise located outside the territory of the Party into which temporary entry is sought, during the life of the warranty or service agreement.

General Service

• Professionals engaging in a business activity at a professional level in a profession set out in Appendix 1603.D.1.
• Management and supervisory personnel engaging in a commercial transaction for an enterprise located in the territory of another Party.
• Financial services personnel (insurers, bankers or investment brokers) engaging in commercial transactions for an enterprise located in the territory of another Party.
• Public relations and advertising personnel consulting with business associates, or attending or participating in conventions.
• Tourism personnel (tour and travel agents, tour guides or tour operators) attending or participating in conventions or conducting a tour that has begun in the territory of another Party.
• Tour bus operators entering the territory of a Party, provided they meet specified conditions; and
• Translators or interpreters performing services as employees of an enterprise located in the territory of another Party.

The information on CanadaVisaLaw.com’s Web Site has been prepared so you may learn more about the services we offer. These materials do not constitute legal advice, and are not intended to provide specific advice about your particular situation. Because the law constantly changes and is subject to varying interpretations, we urge you to contact us regarding any specific problem you may have, and we advise you not to take, or refrain from taking, any action based upon materials in this Web Site without consulting legal counsel.