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

Regulations are current to 2019-11-19 and last amended on 2019-08-15. Previous Versions

PART 6Economic Classes (continued)

DIVISION 1Skilled Workers (continued)

Transitional Federal Skilled Workers (continued)

 [Repealed, SOR/2019-174, s. 8]

 [Repealed, SOR/2019-174, s. 8]

 [Repealed, SOR/2008-253, s. 8]

 [Repealed, SOR/2008-202, s. 2]

 [Repealed, SOR/2019-174, s. 8]

Quebec Skilled Worker Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the Quebec skilled worker class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the Quebec skilled worker class if they

    • (a) intend to reside in the Province of Quebec; and

    • (b) are named in a Certificat de sélection du Québec issued to them by that Province.

  • (3) and (4) [Repealed, SOR/2008-253, s. 9]

  • Marginal note:Requirements for accompanying family members

    (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that

    • (a) the person who made the application has become a permanent resident; and

    • (b) the foreign national is not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2008-202, s. 3
  • SOR/2008-253, s. 9

Provincial Nominee Class

Marginal note:Class

  •  (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of the class

    (2) A foreign national is a member of the provincial nominee class if

    • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

    • (b) they intend to reside in the province that has nominated them.

  • Marginal note:Substitution of evaluation

    (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

  • Marginal note:Concurrence

    (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

  • Marginal note:Exclusion

    (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if

    • (a) the nomination was based on the provision of capital by the foreign national; or

    • (b) the foreign national intends to participate in, or has participated in, an immigration-linked investment scheme.

  • Marginal note:Exception

    (6) Subsection (5) does not apply if

    • (a) the capital is provided by the foreign national to a business in the province that nominated them, other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains;

    • (b) the foreign national controls or will control

      • (i) a percentage of equity in the business equal to or greater than 33 1/3 per cent, or

      • (ii) an equity investment in the business of at least $1,000,000;

    • (c) the foreign national provides or will provide active and ongoing management of the business from within the province that nominated them; and

    • (d) the terms of the investment in the business do not include a redemption option.

  • (7) and (8) [Repealed, SOR/2008-253, s. 10]

  • Marginal note:Definitions

    (9) The following definitions apply in this section.

    immigration-linked investment scheme

    immigration-linked investment scheme means a strategy or plan

    • (a) where one of the objectives of the strategy or plan is to facilitate immigration to Canada and one of the objectives of the promoters of the strategy or plan is to raise capital; or

    • (b) where the agreement or arrangement in respect of the strategy or plan was entered into primarily for the purpose of acquiring a status or privilege under the Act. (projet de placement lié à l’immigration)

    percentage of equity

    percentage of equity means

    • (a) in respect of a sole proprietorship, 100% of the equity of the sole proprietorship controlled by a foreign national or their spouse or common-law partner;

    • (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by a foreign national or their spouse or common-law partner; and

    • (c) in respect of a partnership or joint venture, the percentage of the profit or loss of the partnership or joint venture to which a foreign national or their spouse or common-law partner is entitled. (pourcentage des capitaux propres)

  • Marginal note:Non-application

    (10) Subsections (5), (6) and (9) do not apply in respect of a foreign national who is issued a nomination certificate referred to in paragraph (2)(a) before September 2, 2008.

  • Marginal note:Transitional

    (11) Subsections (5) and (6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10).

  • Marginal note:Requirements for accompanying family members

    (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that

    • a) the person who made the application has become a permanent resident; and

    • b) the foreign national is not inadmissible.

  • SOR/2004-167, s. 80(F)
  • SOR/2008-202, ss. 4, 5
  • SOR/2008-253, s. 10
  • SOR/2009-164, s. 1
  • SOR/2010-195, s. 8(F)
  • SOR/2016-316, s. 3
  • SOR/2019-212, s. 4(F)

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 that is designated under subsection 74(3) using a language test that is approved under that subsection, the results of which must indicate that the foreign national has met the applicable threshold that is 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.

    • (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
  • SOR/2016-298, s. 8
 
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