Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2014-08-05 and last amended on 2014-08-01. Previous Versions

Canadian Experience Class

Marginal note:Class
  •  (1) For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada, their experience in Canada, and their intention to reside in a province other than the Province of Quebec.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the Canadian experience class if

    • (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, exclusive of restricted occupations; and

    • (b) during that period of employment they performed the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;

    • (c) during that period of employment they performed a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all of the essential duties;

    • (d) they have had their proficiency in the English or French language evaluated by an organization or institution designated under subsection 74(3) and have met the applicable threshold fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

    • (e) in the case where they have acquired the work experience referred to in paragraph (a) in more than one occupation, they meet the threshold for proficiency in the English or French language, fixed by the Minister under subsection 74(1), for the occupation in which they have acquired the greater amount of work experience in the three years referred to in paragraph (a).

  • Marginal note:Application

    (3) For the purposes of subsection (2),

    • (a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience;

    • (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and

    • (c) the foreign national must have had temporary resident status during their period of work experience and any period of full-time study or training.

    • (d) to (g[Repealed, SOR/2012-274, s. 13]

  • (4) and (5) [Repealed, SOR/2012-274, s. 13]

  • SOR/2008-254, s. 3;
  • SOR/2011-54, s. 2;
  • SOR/2012-274, s. 13.

Federal Skilled Trades Class

Definition “skilled trade occupation”

  •  (1) In this section, “skilled trade occupation” means an occupation, unless the occupation has been designated a restricted occupation by the Minister, in the following categories listed in Skill Level B of the National Occupational Classification matrix:

    • (a) Major Group 72, industrial, electrical and construction trades;

    • (b) Major Group 73, maintenance and equipment operation trades;

    • (c) Major Group 82, supervisors and technical occupations in natural resources, agriculture and related production;

    • (d) Major Group 92, processing, manufacturing and utilities supervisors and central control operators;

    • (e) Minor Group 632, chefs and cooks; and

    • (f) Minor Group 633, butchers and bakers.

  • Marginal note:Class

    (2) For the purposes of subsection 12(2) of the Act, the federal skilled trades class is prescribed as a class of persons who are skilled trades workers and who may become permanent residents on the basis of their ability to become economically established in Canada in a skilled trade occupation and their intention to reside in a province other than the Province of Quebec.

  • Marginal note:Member of class

    (3) A foreign national is a member of the federal skilled trades class if

    • (a) following an evaluation by an organization or institution designated under subsection 74(3), they meet the threshold fixed by the Minister under subsection 74(1) for proficiency in either English or French for each of the four language skill areas;

    • (b) they have, during the five years before the date on which their permanent resident visa application is made, acquired at least two years of full-time work experience, or the equivalent in part-time work, in the skilled trade occupation specified in the application after becoming qualified to independently practice the occupation, and during that period of employment has performed

      • (i) the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification, and

      • (ii) a substantial number of the main duties listed in the description of the occupation set out in the National Occupational Classification, including all of the essential duties;

    • (c) they have met the relevant employment requirements of the skilled trade occupation specified in the application as set out in the National Occupational Classification, except for the requirement to obtain a certificate of qualification issued by a competent provincial authority; and

    • (d) they meet at least one of the following requirements:

      • (i) they hold a certificate of qualification issued by a competent provincial authority in the skilled trade occupation specified in the application,

      • (ii) they are in Canada and hold a work permit that is valid on the date on which their application is made and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and

        • (A) the work permit was issued based on a positive determination by an officer under subsection 203(1) with respect to their employment in a skilled trade occupation,

        • (B) they are working for any employer specified on the work permit, and

        • (C) they have an offer of employment — for continuous full-time work for a total of at least one year in the skilled trade occupation that is specified in the application and is in the same minor group set out in the National Occupational Classification as the occupation specified on their work permit — that is made by up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 209.91(3) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made, who are specified on the work permit, subject to the visa being issued to the foreign national,

      • (iii) they are in Canada and hold a work permit referred to in paragraph 204(a) or (c) — that is valid on the date on which their application is received — and, on the date on which the visa is issued, hold a valid work permit or are authorized to work in Canada under section 186, and the circumstances referred to in clauses (ii)(B) and (C) apply,

      • (iv) they do not hold a valid work permit or are not authorized to work in Canada under section 186 on the date on which their application is made and

        • (A) up to two employers, other than an embassy, high commission or consulate in Canada or an employer whose name appears on the list referred to in subsection 209.91(3) if a period of two years has not elapsed since the day on which the determination referred to in subsection 203(5) or 209.91(1) or (2) was made, have made them an offer of employment in the skilled trade occupation specified in the application for continuous full-time work for a total of at least one year subject to the visa being issued to them, and

        • (B) an officer has approved the offer for full-time work — based on an opinion provided to the officer by the Department of Employment and Social Development, on the same basis as an opinion provided for the issuance of a work permit, at the request of up to two employers or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met, and

      • (v) they either hold a valid work permit or are authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and on the date on which it is issued, and

        • (A) the circumstances referred to in clauses (ii)(B) and (C) and subparagraph (iii) do not apply, and

        • (B) the circumstances referred to in clauses (iv)(A) and (B) apply.

  • Marginal note:Substitution of officer’s evaluation

    (4) If the requirements referred to in subsection (3), whether or not they are met, are not sufficient indicators of whether the foreign national will become economically established in Canada, an officer may substitute their evaluation for the requirements. This decision requires the concurrence of another officer.

  • Marginal note:Requirement for funds

    (5) With the exception of the foreign nationals referred to in subparagraphs (3)(d)(ii), (iii) and (v), the foreign national must have, in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one half of the minimum necessary income applicable in respect of the group of persons consisting of the skilled trades worker and their family members.

  • SOR/2012-274, s. 14;
  • 2013, c. 40, s. 237;
  • SOR/2013-245, s. 2.