Immigration and Refugee Protection Regulations

Marginal note:Class

• 75 (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 preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 80(7), or the equivalent in continuous part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix;

  • (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; and

  • (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.

• Marginal note:Minimal requirements

  (3) If the foreign national fails to meet the requirements of subsection (2), the application for a permanent resident visa shall be refused and no further assessment is required.

• Marginal note:Designation for equivalency assessment

  (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

  • (b) if, in the case of a professional body, their equivalency assessments are recognized by at least two provincial professional bodies that regulate an occupation listed in the National Occupational Classification matrix at Skill Level A or B for which licensing by a provincial regulatory body is required.

• Marginal note:Public notice

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

• 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:Revocation of designation

  (7) The Minister may revoke a designation if

  • (a) the organization or institution no longer meets the criteria set out in subsection (4);

  • (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

  (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.