Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Instructions

• 10.3 (1) The Minister may give instructions governing any matter relating to the application of this Division, including instructions respecting

  • (a) the classes in respect of which subsection 10.1(1) applies;

  • (b) the electronic system referred to in subsections 10.1(3) and 10.2(3);

  • (c) the submission and processing of an expression of interest, including by means of the electronic system;

  • (d) the circumstances in which an expression of interest may be submitted by means other than the electronic system and respecting those other means;

  • (e) the criteria that a foreign national must meet to be eligible to be invited to make an application;

  • (f) the period during which a foreign national remains eligible to be invited to make an application;

  • (g) the personal information that the Minister may disclose under section 10.4 and the entities to which that information may be disclosed;

  • (h) the basis on which an eligible foreign national may be ranked;

  • (h.1) subject to subsection (1.01), the establishment of categories of eligible foreign nationals for the purposes of ranking, which groupings may consist of

    • (i) all eligible foreign nationals,

    • (ii) eligible foreign nationals who are eligible to be members of a class referred to in an instruction given under paragraph (a), or

    • (iii) eligible foreign nationals who are eligible to be members of a category established in an instruction given under paragraph (h.2);

  • (h.2) the establishment of categories for the purposes of ranking and the criteria for eligibility to be a member of a category;

  • (i) the rank within a grouping that an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

  • (j) the number of invitations that may be issued within a specified period in respect of a grouping;

  • (j.1) the class referred to in an instruction given under paragraph (a) in respect of which an eligible foreign national who is invited to make an application must apply, if the foreign national is eligible to be a member of more than one class;

  • (k) the period within which an application must be made once an invitation has been issued;

  • (l) the means by which a foreign national is to be advised of any matter relating to their expression of interest, including an invitation to make an application; and

  • (m) any matter for which a recommendation to the Minister or a decision may or must be made by a designated person, institution or organization with respect to a foreign national.

• Marginal note:Category — condition

  (1.01) An instruction given under paragraph (1)(h.1) must not establish a category in respect of which a public consultation process referred to in subsection 10.5(1) has not been given the opportunity to provide advice and recommendations.

• Marginal note:Category — economic goal

  (1.1) If the Minister establishes a category in an instruction given under paragraph (1)(h.2), the Minister shall set out, in the instruction, the economic goal that the Minister seeks to support in establishing the category.

• Marginal note:Clarification

  (2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a grouping be zero.

• Marginal note:Application of instructions

  (3) An instruction given under any of paragraphs (1)(a), (b) and (e) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

• Marginal note:Publication

  (4) Instructions given under subsection (1) must be published on the Department of Citizenship and Immigration’s Internet site. Instructions given under any of paragraphs (1)(a), (d) to (g), (k) and (l) must also be published in the Canada Gazette.

• Marginal note:Criteria provided for under other Divisions

  (5) For greater certainty, an instruction given under subsection (1) may provide for criteria that are more stringent than the criteria or requirements provided for in or under any other Division of this Act regarding applications for permanent residence.