Work Permit and LMOs for Fishing and Hunting Outfitting Operations

Citizenship and Immigration Canada has released an Operational Bulletin clarifying the work permit and Labour Market Opinion requirements for foreign nationals involved to some degree with any fishing or hunting outfitting operations who do not qualify as either a tourist or a business visitor.

An outfitter will be eligible for a tourist visitor if no fees are charged.

An outfitter will qualify as a business visitor if the outfitter is accompanying clientele from outside of Canada and the foreign national is providing little in the way of services while in Canada.

Where the outfitter is charging services, and where the outfitter will be performing services while in Canada, the following chart applies:

 

Characteristic of Outfitter LMO Requirements
Sole owner or majority owner Eligible for LMO exemption if there is a significant benefit to Canada.
Owner with equal share Eligible for LMO exemption if there is significant benefit to Canada.
Non-majority owner Requires LMO and Work Permit as an employee if carrying out “work”.

Requires LMO and Work Permit as an employee if carrying out “work”.

Non-owner (including guides)
 

In the case of small, the factors to determining whether a seasonal outfitting operation will provide a significant benefit to Canada include:

  • the amount of income brought into and remaining in Canada;
  • the amount spent on goods and services in Canada or wages to Canadians;
  • the general economic stimulus; and/or
  • whether the outfitter is impinging on other Canadian service providers.

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