Immigration and Refugee Protection Regulations

Marginal note:Criteria

• 74 (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

  • (a) the number of applications in all classes under this Part that are being processed;

  • (b) the number of immigrants who are projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and

  • (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.

• Marginal note:Designation for evaluating language proficiency

  (3) The Minister may designate, for any period specified by the Minister, any organization or institution to be responsible for evaluating language proficiency if the organization or institution has expertise in evaluating language proficiency and if the organization or institution has provided a correlation of its evaluation results to the benchmarks set out in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens.

• Marginal note:Public notice

  (4) The Minister shall make available to the public a list of the designated organizations or institutions.

• Definition service agreement

  (5) For the purpose of subsection (6), 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 evaluating the language proficiency of foreign nationals.

• Marginal note:Revocation of designation

  (6) The Minister may revoke a designation if

  • (a) the organization or institution no longer meets the criteria set out in subsection (3);

  • (b) the organization or institution submitted false, misleading or inaccurate information or has contravened any provision of federal or provincial legislation relevant to the service provided by the organization or institution; or

  • (c) either the Government of Canada or the organization or institution has terminated the service agreement.

• Marginal note:Conclusive evidence

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