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  1. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 87.1)
    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

      • [...]

      • (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).

    • (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.

    [...]


  2. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 75)
    Marginal note:Class
    •  (1) For the purposes of subsection 12(2) of the Act, the federal skilled worker class is hereby prescribed as a class of persons who are skilled workers and who may become permanent residents on the basis of their ability to become economically established in Canada and who intend to reside in a province other than the Province of Quebec.

    • Marginal note:Skilled workers

      (2) A foreign national is a skilled worker if

      • (a) within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation identified by the foreign national in their application as their primary occupation, other than a restricted occupation, that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;

      • [...]

      • (e) they have submitted one of the following:

        • (i) their Canadian educational credential, or

    • Marginal note:If professional body designated

      (2.1) If a professional body has been designated under subsection (4) in respect of the occupation identified by the foreign national in their application as their primary occupation, the foreign diploma, certificate or credential submitted by the foreign national must be relevant to that occupation and the equivalency assessment — which must be less than five years old on the date on which their application is made and must be issued by the designated professional body — must establish that the foreign diploma, certificate or credential is equivalent to the Canadian educational credential required to practise that occupation in at least one of the provinces in which the equivalency assessments issued by this professional body are recognized.

    • [...]

    • (4) For the purposes of paragraph (2)(e) and subsection (2.1), the Minister may designate, for a period specified by the Minister, any organization or institution to be responsible for issuing equivalency assessments

      • (a) if the organization or institution has the recognized expertise to assess the authenticity of foreign diplomas, certificates and credentials and their equivalency to Canadian educational credentials; and

    • [...]

    • Definition service agreement

      (6) For the purpose of subsection (7), service agreement means an agreement concluded between the Government of Canada and an organization or institution for the purpose of having the organization or institution supply the service of assessing the authenticity of foreign diplomas, certificates and credentials and their equivalency to Canadian educational credentials.

    • [...]

    • Marginal note:Conclusive evidence

      (8) For the purposes of paragraph (2)(e), subsection (2.1) and section 78, an equivalency assessment is conclusive evidence that the foreign diplomas, certificates or credentials are equivalent to Canadian educational credentials.

    [...]


  3. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 74)
    Marginal note:Criteria
    •  (1) For the purposes of paragraphs 75(2)(d), 79(3)(a), 87.1(2)(d) and (e) and 87.2(3)(a), the Minister shall fix, by class prescribed by these Regulations or by occupation, and make available to the public, minimum language proficiency thresholds on the basis of

      • [...]

      • (c) the potential, taking into account the applicants’ linguistic profiles and economic and other relevant factors, for the establishment in Canada of applicants under the federal skilled worker class, the Canadian experience class and the federal skilled trades class.

    • Marginal note:Minimum language proficiency thresholds

      (2) The minimum language proficiency thresholds fixed by the Minister shall be established in reference to the benchmarks described in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens.

    • (3) The Minister may designate, for any period he or she specifies, any organization or institution to be responsible for evaluating language proficiency and approve the language test to be used to evaluate that proficiency if the organization or institution

      • [...]

      • (b) has provided the Minister with an equivalency between its language test results and the benchmarks set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as the case may be.

    • [...]

    • Marginal note:Conclusive evidence

      (7) The results of an evaluation of language proficiency by a designated organization or institution using an approved language test are conclusive evidence of an applicant’s language proficiency in respect of the federal skilled worker class, the Canadian experience class or the federal skilled trades class, as the case may be.

    [...]


  4. Immigration and Refugee Protection Regulations - SOR/2002-227 (Section 70)
    Marginal note:Issuance
    • [...]

    • (2) The classes are

      • [...]

      • (b) the economic class, consisting of the federal skilled worker class, the Quebec skilled worker class, the provincial nominee class, the Canadian experience class, the federal skilled trades class, the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class and the Quebec self-employed persons class; and

    [...]



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