PART 1Interpretation and Application

DIVISION 1Interpretation

Marginal note:Definitions

• 1 (1) The definitions in this subsection apply in the Act and in these Regulations.

  common-law partner

  common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

  excessive demand

  excessive demand means

  • (a) a demand on health services or social services for which the anticipated costs exceed triple the average Canadian per capita health services and social services costs over a period of five consecutive years following the most recent medical examination required under paragraph 16(2)(b) of the Act; or

  • (b) a demand on health services or social services that would add to existing waiting lists and would increase morbidity or the mortality rate in Canada as a result of an inability to provide timely services to Canadian citizens or permanent residents. (fardeau excessif)

  health services

  health services means any health services – including the provision of devices related to the services, laboratory services and the supply of pharmaceuticals – for which more than half of the funds are contributed by governments, either directly or through publicly funded agencies. (services de santé)

  social services

  social services means residential or institutional care, including the provision of devices related to the care, that is recommended by a health professional and for which more than half of the funds are contributed by governments, either directly or through publicly funded agencies. (services sociaux)

  student

  student[Repealed, SOR/2014-14, s. 1]

  studies

  studies[Repealed, SOR/2014-14, s. 1]

  study permit

  study permit[Repealed, SOR/2014-14, s. 1]

• Marginal note:Interpretation — common-law partner

  (2) For the purposes of the Act and these Regulations, an individual who has been in a conjugal relationship with a person for at least one year but is unable to cohabit with the person, due to persecution or any form of penal control, shall be considered a common-law partner of the person.

• Definition of family member

  (3) For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and for the purposes of these Regulations, other than paragraph 7.1(3)(a) and sections 159.1 and 159.5, family member in respect of a person means

  • (a) the spouse or common-law partner of the person;

  • (b) a dependent child of the person or of the person’s spouse or common-law partner; and

  • (c) a dependent child of a dependent child referred to in paragraph (b).

Marginal note:Definition of agent — section 148 of the Act

• 1.1 (1) For the purposes of section 148 of the Act, agent includes any person — whether or not an independent contractor — who provides services as a representative of a vehicle owner, operator or charterer.

• Marginal note:Definition of agent — paragraph 148(1)(d) of the Act

  (2) For the purposes of paragraph 148(1)(d) of the Act, agent includes, in addition to a person referred to in subsection (1), a charterer and an owner or operator of a reservation system.

Marginal note:Interpretation

2 The definitions in this section apply in these Regulations.

Act

Act means the Immigration and Refugee Protection Act. (Loi)

administration fee

administration fee means a portion of the average cost incurred by Her Majesty in right of Canada in respect of foreign nationals referred to in subsection 279(1), and includes the costs relating to

• (a) examinations;

• (b) detention;

• (c) investigations and admissibility hearings in respect of inadmissible foreign nationals;

• (d) fingerprinting, photographing and the verification of documents with other governments and national or international police agencies;

• (e) translation and interpretation; and

• (f) proceedings before the Immigration Division. (frais administratifs)

agent

agent[Repealed, SOR/2016-37, s. 2]

authorized representative

authorized representative[Repealed, SOR/2011-129, s. 1]

Canadian citizen

Canadian citizen means a citizen referred to in subsection 3(1) of the Citizenship Act. (citoyen canadien)

Canadian Language Benchmarks

Canadian Language Benchmarks means, for the English language, the Canadian Language Benchmarks: English as a Second Language for Adults developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Canadian Language Benchmarks)

commercial transporter

commercial transporter means a transporter who operates a commercial vehicle. (transporteur commercial)

commercial vehicle

commercial vehicle means a vehicle that is used for commercial purposes. (véhicule commercial)

conjugal partner

conjugal partner means, in relation to a sponsor, a foreign national residing outside Canada who is in a conjugal relationship with the sponsor and has been in that relationship for a period of at least one year. (partenaire conjugal)

COVID-19

COVID-19 means coronovirus disease 2019. (COVID-19)

Department

Department means the Department of Citizenship and Immigration. (ministère)

dependent child

dependent child, in respect of a parent, means a child who

• (a) has one of the following relationships with the parent, namely,

  • (i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

  • (ii) is the adopted child of the parent; and

• (b) is in one of the following situations of dependency, namely,

  • (i) is less than 22 years of age and is not a spouse or common-law partner, or

  • (ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)

guardianship

guardianship[Repealed, SOR/2005-61, s. 1]

Hague Convention on Adoption

Hague Convention on Adoption means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995. (Convention sur l’adoption)

Indian

Indian means any person registered as an Indian under the Indian Act. (Indien)

in-flight security officer

in-flight security officer means a person who is on board a commercial passenger aircraft and whose duty it is to protect the passengers and the members of the crew as well as the aircraft itself. (agent de sécurité aérien)

in-transit passenger

in-transit passenger means a person who arrives by aircraft at a Canadian airport from another country for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to a country other than Canada. (passager en transit)

in-transit preclearance passenger

in-transit preclearance passenger means an in-transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act, 2016. (passager en transit bénéficiant d’un précontrôle)

live-in caregiver

live-in caregiver[Repealed, SOR/2017-78, s. 1]

marriage

marriage, in respect of a marriage that took place outside Canada, means a marriage that is valid both under the laws of the jurisdiction where it took place and under Canadian law. (mariage)

minimum necessary income

minimum necessary income means the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons equal in number to the total number of the following persons:

• (a) a sponsor and their family members,

• (b) the sponsored foreign national, and their family members, whether they are accompanying the foreign national or not, and

• (c) every other person, and their family members,

  • (i) in respect of whom the sponsor has given or co-signed an undertaking that is still in effect, and

  • (ii) in respect of whom the sponsor’s spouse or common-law partner has given or co-signed an undertaking that is still in effect, if the sponsor’s spouse or common-law partner has co-signed with the sponsor the undertaking in respect of the foreign national referred to in paragraph (b). (revenu vital minimum)

Minister

Minister means the Minister referred to in section 4 of the Act. (ministre)

National Occupational Classification

National Occupational Classification means the National Occupational Classification developed by the Department of Employment and Social Development and Statistics Canada, as amended from time to time. (Classification nationale des professions)

Niveaux de compétence linguistique canadiens

Niveaux de compétence linguistique canadiens means, for the French language, the Niveaux de compétence linguistique canadiens : français langue seconde pour adultes developed by the Centre for Canadian Language Benchmarks, as amended from time to time. (Niveaux de compétence linguistique canadiens)

officer

officer means a person designated as an officer by the Minister under subsection 6(1) of the Act. (agent)

port of entry

port of entry means

• (a) [Repealed, SOR/2020-55, s. 1]

• (b) a place designated by the Minister under section 26 as a port of entry, on the dates and during the hours of operation designated for that place by the Minister. (point d’entrée)

relative

relative means a person who is related to another person by blood or adoption. (membre de la parenté)

social assistance

social assistance means any benefit in the form of money, goods or services provided to or on behalf of a person by a province under a program of social assistance, including a program of social assistance designated by a province to provide for basic requirements including food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care, including dental care and eye care. (assistance sociale)

sterile transit area

sterile transit area means an area in an airport where in-transit passengers, in-transit preclearance passengers or goods that are in transit or precontrolled are physically separated from other passengers and goods. (espace de transit isolé)

study permit

study permit means a written authorization to engage in academic, professional, vocational or other education or training in Canada that is issued by an officer to a foreign national. (permis d’études)

time of departure

time of departure means

• (a) in the case of a commercial vehicle that carries persons or goods by air, the time of take-off from the last point of embarkation of persons before the vehicle arrives in Canada; and

• (b) in the case of a commercial vehicle that carries persons or goods by water or land, the time of departure from the last point of embarkation of persons before the vehicle arrives in Canada. (moment du départ)

transporter

transporter means

• (a) a person who owns, operates, charters or manages a vehicle or fleet of vehicles;

• (b) a person who owns or operates an international tunnel or bridge;

• (c) a designated airport authority as defined in subsection 2(1) of the Airport Transfer (Miscellaneous Matters) Act; or

• (d) an agent for a person or authority referred to in paragraphs (a) to (c). (transporteur)

vehicle

vehicle means a means of transportation that may be used for transportation by water, land or air. (véhicule)

vessel

vessel means a vessel within the meaning of section 2 of the Canada Shipping Act. (bâtiment)

work

work means an activity for which wages are paid or commission is earned, or that is in direct competition with the activities of Canadian citizens or permanent residents in the Canadian labour market. (travail)

work permit

work permit means a written authorization to work in Canada issued by an officer to a foreign national. (permis de travail)

Marginal note:Interpretation — member of a crew

• 3 (1) For the purposes of these Regulations,

  • (a) member of a crew means a person who is employed on a means of transportation to perform duties during a voyage or trip, or while in port, related to the operation of the means of transportation or the provision of services to passengers or to other members of the crew, but does not include

    • (i) any person whose fare is waived in exchange for work to be performed during the voyage or trip,

    • (ii) any person who performs maintenance or repairs under a service contract with a transporter during the voyage or trip or while the means of transportation is in Canada,

    • (iii) any other person who is on board the means of transportation for a purpose other than to perform duties that relate to the operation of the means of transportation or to provide services to passengers or members of the crew, or

    • (iv) any in-flight security officer; and

  • (b) a person ceases to be a member of a crew if

    • (i) they have deserted;

    • (ii) an officer believes on reasonable grounds that they have deserted;

    • (iii) they have been hospitalized and have failed to return to the means of transportation or leave Canada after leaving the hospital, or

    • (iv) they have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and failed to leave Canada after the discharge or after they first became unable or unwilling to perform those duties.

• Marginal note:Interpretation — adoption

  (2) For the purposes of these Regulations, adoption, for greater certainty, means an adoption that creates a legal parent-child relationship and severs the pre-existing legal parent-child relationship.

DIVISION 2Family Relationships

Marginal note:Bad faith

• 4 (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

  • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

  • (b) is not genuine.

• Marginal note:Adopted children

  (2) A foreign national shall not be considered an adopted child of a person if the adoption

  • (a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or

  • (b) did not create a genuine parent-child relationship.

• Marginal note:Sponsorship of adopted children

  (3) Subsection (2) does not apply to adoptions referred to in paragraph 117(1)(g) and subsections 117(2) and (4).

Marginal note:New relationship

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

Marginal note:Excluded relationships

5 For the purposes of these Regulations, a foreign national shall not be considered

• (a) the spouse or common-law partner of a person if the foreign national is under the age of 18 years;

• (b) the spouse of a person if

  • (i) the foreign national or the person was, at the time of their marriage, the spouse of another person, or

  • (ii) the person has lived separate and apart from the foreign national for at least one year and is the common-law partner of another person; or

• (c) the spouse of a person if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the person was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law.

PART 2General Requirements

DIVISION 1Documents Required Before Entry

Marginal note:Permanent resident

6 A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.

Marginal note:Temporary resident

• 7 (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a foreign national who

  • (a) is exempted under Division 5 of Part 9 from the requirement to have a temporary resident visa;

  • (b) holds a temporary resident permit issued under subsection 24(1) of the Act;

  • (c) is authorized under the Act or these Regulations to re-enter Canada to remain in Canada; or

  • (d) is a citizen of Romania who is seeking to enter Canada by air and who obtained an electronic travel authorization before December 1, 2017.

• Marginal note:When certificat d’acceptation du Québec required

  (3) In addition to any visa required under this section, a foreign national who is seeking to enter and remain in Canada on a temporary basis to receive medical treatment in the Province of Quebec must hold a certificat d’acceptation du Québec if the laws of that Province require the foreign national to hold that document.

Marginal note:Nationals of certain countries

• 7.01 (1) Despite subsection 7(1), a foreign national who is a citizen of a country listed in the table to this subsection and who is seeking to enter Canada by air may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa or an electronic travel authorization.

  Country
  Brazil

• Marginal note:Application for electronic travel authorization — conditions

  (2) A foreign national referred to in subsection (1) may only make an application for an electronic travel authorization if they

  • (a) have held a temporary resident visa at any time during the 10-year period immediately preceding the day on which they make their application; or

  • (b) hold a valid United States nonimmigrant visa on the day on which they make their application.

Marginal note:Electronic travel authorization

• 7.1 (1) A foreign national referred to in paragraph 7(2)(a) who is exempt from the requirement to obtain a temporary resident visa and who is seeking to enter Canada by air to remain on a temporary basis or a foreign national referred to in paragraph 7(2)(d) who is seeking to enter Canada to remain on a temporary basis is, nevertheless, required to obtain an electronic travel authorization before entering Canada, unless they are exempted by subsection (3) from the requirement to obtain one.

• Marginal note:Holder of temporary resident visa

  (2) Subsection (1) does not apply to a foreign national who holds a temporary resident visa.

• Marginal note:Exempt persons

  (3) The following persons are exempt from the requirement to obtain an electronic travel authorization:

  • (a) Her Majesty in right of Canada and any member of the Royal Family;

  • (b) a national of the United States or a person who has been lawfully admitted to the United States for permanent residence;

  • (c) a foreign national referred to in paragraph 190(2)(a);

  • (d) a foreign national seeking to enter and remain in Canada solely

    • (i) as a member of a crew of a means of transportation that may be used for transportation by air or to become a member of such a crew, or

    • (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation that may be used for transportation by air, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada;

  • (e) a citizen of France who is a resident of St. Pierre and Miquelon who seeks to enter Canada directly from St. Pierre and Miquelon; and

  • (f) a foreign national referred to in any of paragraphs 190(3)(b), (b.1), (c), (d), (f), (g) or (h).

Marginal note:Work permit

• 8 (1) A foreign national may not enter Canada to work without first obtaining a work permit.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a foreign national who is authorized under section 186 to work in Canada without a work permit.

Marginal note:Study permit

• 9 (1) A foreign national may not enter Canada to study without first obtaining a study permit.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a foreign national who is authorized under section 188 or 189 to study in Canada without a study permit.

DIVISION 1.1Use of Electronic Means

Marginal note:Electronic means

• 9.1 (1) Despite section 10, when an application, request or claim is made, a document or information is submitted electronically, or a signature by electronic means is provided, it must be made, submitted or provided using the electronic means that is made available or specified by the Minister for that purpose.

• Marginal note:Supporting documents for electronic applications

  (2) When an application, request or claim is made by electronic means, any required information, documents or evidence of payment required in these Regulations must be submitted by the same means.

Marginal note:Application by electronic means

9.2 The following applications must be made by the electronic means made available or specified by the Minister for that purpose:

• (a) an application for an extension of an authorization to remain in Canada as a temporary resident;

• (b) an application that is made in Canada for a work or study permit or for renewal of such a permit;

• (c) an application for the restoration of temporary resident status;

• (d) an application that is made pursuant to a youth mobility arrangement entered into by Canada.

Marginal note:Deemed receipt by the Minister

• 9.3 (1) Any application, request, claim, document or information sent by a foreign national, or an individual or an entity using electronic means is deemed to have been received by the Minister at the time and on the date indicated by the electronic means that is made available or specified by the Minister for that purpose.

• Marginal note:Deemed receipt by recipient

  (2) Any notice, request, decision, determination, document or information sent by the Minister using electronic means is deemed to have been received by the intended recipient at the time and on the date it was sent by the Minister as indicated by the electronic means that is used or specified by the Minister for that purpose.

Marginal note:Exception — use of other means

9.4 Despite other provisions of these Regulations, the Minister may require a foreign national, or an individual or an entity to make an application, request or claim, submit any document or information or provide a signature by any other means made available or specified by the Minister for that purpose if the Minister determines that

• (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

• (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

Marginal note:Disability

9.5 A foreign national or an individual who, because of a disability is unable to meet a requirement to make an application, request or claim, submit any document or provide a signature or information using electronic means, may do so by any other means that is made available or specified by the Minister for that purpose.

Marginal note:Payment of fees

• 9.6 (1) Any fees to be paid or evidence of payment of fees referred to in these Regulations must be paid or provided by the electronic means that is made available or specified by the Minister for that purpose except in the following circumstances:

  • (a) if services for the collection of payment are provided by an entity under an agreement or arrangement with Canada for that purpose; or

  • (b) if fees may be paid at a port of entry by other means.

• Marginal note:Payment in exceptional circumstances

  (2) Despite subsection (1), the required fees may be paid or evidence of payment provided by any other means that is made available or specified by the Minister for that purpose if the Minister determines that

  • (a) the infrastructure in a country is inadequate or incompatible with the electronic means made available or specified by the Minister for that purpose; or

  • (b) a natural disaster, political turmoil or other situation prevents or impedes the use of electronic means or makes using them unreliable.

• Marginal note:Deemed receipt

  (3) Any fee paid by electronic means is deemed to be paid on the date and at the time recorded by the electronic means that is made available or specified by the Minister for that purpose.

• Marginal note:Exception — disability

  (4) A foreign national or an individual who, because of a disability is unable to pay the required fees referred to in subsection (1) by electronic means, may do so by other means that is made available or specified by the Minister for that purpose.

DIVISION 2Applications

Marginal note:Form and content of application

• 10 (1) Subject to paragraphs 28(b) to (d) and 139(1)(b), an application under these Regulations shall

  • (a) be made in writing using the form, if any, provided by the Department or, in the case of an application for a declaration of relief under subsection 42.1(1) of the Act, by the Canada Border Services Agency;

  • (b) be signed by the applicant;

  • (c) include all information and documents required by these Regulations, as well as any other evidence required by the Act;

  • (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and

  • (e) if there is an accompanying spouse or common-law partner, identify who is the principal applicant and who is the accompanying spouse or common-law partner.

• Marginal note:Required information

  (2) The application shall, unless otherwise provided by these Regulations,

  • (a) contain the name, birth date, address, nationality and immigration status of the applicant and of all family members of the applicant, whether accompanying or not, and a statement whether the applicant or any of the family members is the spouse, common-law partner or conjugal partner of another person;

  • (b) indicate whether they are applying for a visa, permit or authorization;

  • (c) indicate the class prescribed by these Regulations for which the application is made;

  • (c.1) if the applicant is represented in connection with the application, include the name, postal address and telephone number, and fax number and electronic mail address, if any, of any person or entity — or a person acting on its behalf — representing the applicant;

  • (c.2) if the applicant is represented, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the name of the body of which the person is a member and their membership identification number;

  • (c.3) if the applicant has been advised, for consideration in connection with the application, by a person referred to in any of paragraphs 91(2)(a) to (c) of the Act, include the information referred to in paragraphs (c.1) and (c.2) with respect to that person;

  • (c.4) if the applicant has been advised, for consideration in connection with the application, by an entity — or a person acting on its behalf — referred to in subsection 91(4) of the Act, include the information referred to in paragraph (c.1) with respect to that entity or person; and

  • (d) include a declaration that the information provided is complete and accurate.

• Marginal note:Exception — adoption

  (2.1) An application to sponsor and the accompanying application for permanent residence for a person described in paragraph 117(1)(b) involving an international adoption or another person referred to in paragraph 117(1)(g) can be submitted without the information referred to in paragraph 10(2)(a) concerning that person but that information must be provided before the application is approved.

• Marginal note:Clarification

  (2.1) For greater certainty, neither the information referred to in subparagraphs 12.3(b)(i) and (ii) nor the fee referred to in section 315.1 form part of the application.

• Marginal note:Application of family members

  (3) The application is considered to be an application made for the principal applicant and their accompanying family members.

• Marginal note:Application — sponsorship

  (4) An application made by a foreign national as a member of the family class must be accompanied by a sponsorship application referred to in paragraph 130(1)(c).

• Marginal note:Multiple applications

  (5) No sponsorship application may be filed by a sponsor in respect of a person if the sponsor has filed another sponsorship application in respect of that same person and a final decision has not been made in respect of that other application.

• Marginal note:Invalid sponsorship application

  (6) A sponsorship application that is not made in accordance with subsection (1) is considered not to be an application filed in the prescribed manner for the purposes of subsection 63(1) of the Act.

Marginal note:Application — other means

11 If an application is not made by electronic means it must be submitted to the address specified by the Minister, including the address specified on the Department’s website for that purpose.

Marginal note:Return of application

12 Subject to section 140.4, if the requirements of sections 10 and 11 are not met, the application and all documents submitted in support of it, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the applicant.

Marginal note:Request or application at port of entry

12.001 Subject to sections 198 and 214, a person — who under section 10.01 of the Act is required to provide their biometric information — may only make a request for a temporary resident permit under subsection 24(1) of the Act or an application for a work or study permit at a port of entry if that port of entry provides collection services for biometric information.

Marginal note:Invitation — application for permanent residence

12.01 An application for permanent residence that is made in response to an invitation issued by the Minister under Division 0.1 of the Act must be made by the electronic means that is made available or specified by the Minister for that purpose.

12.02 [Repealed, SOR/2019-174, s. 4]

12.03 [Repealed, SOR/2019-174, s. 4]

Marginal note:Electronic travel authorization — application by electronic means

• 12.04 (1) Despite section 10, an application for a travel authorization under subsection 11(1.01) of the Act must be made by the electronic system that is made available or specified by the Minister for that purpose.

• (2) [Repealed, SOR/2019-174, s. 5]

• (3) [Repealed, SOR/2019-174, s. 5]

• Marginal note:Required information

  (4) The application must contain the following information:

  • (a) the applicant’s name;

  • (b) the applicant’s date and place of birth;

  • (c) the applicant’s gender;

  • (d) the applicant’s address;

  • (e) the applicant’s nationality;

  • (f) the number of the applicant’s passport or other travel document, together with its date of issue and its expiry date and the country or the authority that issued it;

  • (g) if the applicant is an applicant referred to in any of paragraphs 10(2)(c.1) to (c.4), the information required under that paragraph;

  • (h) if the applicant is making the application by the electronic system referred to in subsection (1), the applicant’s e-mail address;

  • (h.1) in the case of a foreign national referred to in paragraph 7.01(2)(b), the valid United States nonimmigrant visa number; and

  • (i) a declaration that the information provided in the application is complete and accurate.

• Marginal note:Combined applications — foreign nationals referred to in subsection 7.01(1)

  (5) An application for a renewal of a work permit or study permit that is made by a foreign national referred to in subsection 7.01(1) is considered to constitute an application for an electronic travel authorization.

• Marginal note:Combined applications — foreign nationals referred to in subsection 7.1(1)

  (6) An application for a work permit or study permit or for renewal of a work permit or study permit that is made by a foreign national who is required under subsection 7.1(1) to obtain an electronic travel authorization is considered to constitute an application for an electronic travel authorization.

Marginal note:Period of validity

• 12.05 (1) An electronic travel authorization is valid for a period of five years from the day on which it is issued to the applicant or until the earliest of the following days, if they occur before the end of that period:

  • (a) the day on which the applicant’s passport or other travel document, in respect of which the electronic travel authorization was issued, expires,

  • (b) the day on which the electronic travel authorization is cancelled,

  • (c) the day on which a new electronic travel authorization, in respect of the same passport or the same travel document, is issued to the applicant, or

  • (d) the day on which the country or authority referred to in paragraph 190(1)(a) that issued the passport or other travel document in respect of which the electronic travel authorization was issued is no longer referred to in that paragraph.

• Marginal note:United States lawful permanent residents

  (1.1) Any electronic travel authorization that is issued to a citizen of a country other than those listed in Schedule 1.1 on the basis of their lawful admission to the United States for permanent residence ceases to be valid at 08:00:00 Eastern daylight time on April 26, 2022.

• Marginal note:Exception

  (2) Paragraph (1)(d) does not apply to an electronic travel authorization that is issued

  • (a) before December 1, 2017, in respect of a passport or other travel document that is issued by Romania; or

  • (b) in respect of a machine-readable passport that contains a contactless integrated circuit chip and that is issued by Romania.

Marginal note:Ineligibility

12.06 A foreign national who holds an electronic travel authorization becomes ineligible to hold such an authorization if, following its issuance,

• (a) they are the subject of a declaration made under subsection 22.1(1) of the Act;

• (b) they were issued a temporary resident permit under subsection 24(1) of the Act;

• (c) they are the subject of a report prepared under subsection 44(1) of the Act;

• (d) they are the subject of a removal order made under subsection 44(2) or paragraph 45(d) of the Act;

• (e) they withdrew their application to enter Canada under subsection 42(1);

• (f) they were refused a temporary resident visa because they did not meet the requirement set out in paragraph 179(b);

• (g) they were refused a work permit because they did not meet the requirement set out in paragraph 200(1)(b);

• (h) they were refused a study permit because they did not meet the requirement set out in paragraph 216(1)(b); or

• (i) in the case of a foreign national referred to in subsection 7.01(1), it is established that, on the day on which they made their application for an electronic travel authorization, they did not meet either of the conditions set out in paragraphs 7.01(2)(a) and (b).

Marginal note:Cancellation

12.07 An officer may cancel an electronic travel authorization that was issued to a foreign national if the foreign national is inadmissible or becomes ineligible to hold such an authorization under section 12.06.

DIVISION 2.1Collection and Verification of Biometric Information

Marginal note:Collection — claims, applications, and requests

12.1 Section 10.01 of the Act does not apply to claims, applications and requests under the Act, other than the following:

• (a) an application for a permanent resident visa;

• (b) an application to remain in Canada as a permanent resident;

• (c) an application for permanent resident status made by a person who, when they made their claim for refugee protection outside Canada, was exempted, under section 12.8, from providing their biometric information under section 10.01 of the Act;

• (d) an application for a temporary resident visa;

• (e) an application for an extension of authorization to remain in Canada as a temporary resident;

• (f) a request for a temporary resident permit;

• (g) an application for restoration of temporary resident status;

• (h) an application for a work permit or renewal of a work permit;

• (i) an application for a study permit or renewal of a study permit;

• (j) an application to remain in Canada as a permanent resident, made in Canada by a protected person, within the meaning of subsection 95(2) of the Act;

• (k) a claim for refugee protection, made in Canada;

• (l) a claim for refugee protection, made outside Canada; and

• (m) an application for a new permanent resident card made for the first time by a person, 14 years of age or older, who, when they made an application referred to in any of paragraphs (a) to (c), was exempted under paragraph 12.2(1)(a) from providing their biometric information under section 10.01 of the Act.

Marginal note:Non-application — persons

• 12.2 (1) Section 10.01 of the Act does not apply to

  • (a) a person who is under the age of 14;

  • (b) a person who is over the age of 79, unless that person makes a claim in Canada for refugee protection;

  • (c) a person who makes an application or request referred to in any of paragraphs 12.1(e) to (i) if they are

    • (i) Her Majesty in right of Canada and any member of the Royal Family, or

    • (ii) a national of the United States;

  • (d) a person who makes an application referred to in paragraph 12.1(h) or (i) if they are

    • (i) in Canada and have made a claim for refugee protection that has not yet been determined by the Refugee Protection Division,

    • (ii) in Canada and have had refugee protection conferred on them, or

    • (iii) a member of the Convention refugees abroad class or a member of a humanitarian-protected persons abroad class;

  • (e) a person who is a head of state or head of government who makes an application or request referred to in any of paragraphs 12.1(d) to (i);

  • (f) a person who seeks to enter Canada in the course of official duties as a properly accredited diplomat, consular officer, representative or official of a country other than Canada, of the United Nations or any of its agencies or of any intergovernmental organization of which Canada is a member;

  • (g) a person who is a family member of a person referred to in paragraph (f);

  • (h) a person who holds a valid United States entry visa, is destined to or returning from that country and seeks to enter Canada for a period of less than 48 hours and who

    • (i) is travelling by transporter’s vehicle to a destination other than Canada, or

    • (ii) is transiting through or stopping over in Canada for refuelling or for the continuation of their journey in another vehicle of a transporter;

  • (i) a foreign national referred to in paragraph 7(2)(a) who makes an application for temporary resident status as a member of the visitor class; or

  • (j) a foreign national referred to in subsection 7.01(1) who is the holder of an electronic travel authorization and makes an application for temporary resident status as a member of the visitor class.

• Marginal note:Determination of age

  (2) For the purpose of subsection (1), the age of a person shall be determined as of the date on which the application, claim or request is made.

• (3) [Repealed, SOR/2018-128, s. 3]

Marginal note:Procedure for collection of biometric information

12.3 For the purposes of section 10.01 of the Act, the procedure for the collection of biometric information is the following:

• (a) the person who makes a claim, application or request shall present themself at:

  • (i) a location where services for the collection of biometric information are provided by an entity under an agreement or arrangement with the Minister for that purpose, or

  • (ii) at an immigration office, a port of entry or another location, if authorized or directed by an officer to do so, for

    • (A) reasons relating to the national interest,

    • (B) reasons relating to operational requirements, or

    • (C) any other reason that may be necessary in the circumstances; and

• (b) they shall have their photograph taken — showing the person’s face unobscured by sunglasses or any other object — and fingerprints captured, at any location referred to in subparagraph (a)(i) or (ii), for the collection of the following information:

  • (i) photograph, and

  • (ii) fingerprints.

Marginal note:Processing of biometric information

12.4 For the purposes of section 10.01 of the Act, a biometric template may be created, and the information collected under paragraph 12.3(b) may be converted into a digital biometric format by using the template.

Marginal note:Verification of biometric information — procedure

12.5 For the purposes of section 10.01 of the Act, the procedure for the verification of biometric information to be followed by a person who has made a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is that, on seeking to enter Canada and when directed by an officer or by alternative means of examination referred to in paragraph 38(b), the person shall provide the information listed in subparagraphs 12.3(b)(i) and (ii) by means of an electronic device made available for that purpose, in order to verify the biometric information that they provided under paragraph 12.3(b).

Marginal note:Exemption — multiple applications or requests

12.6 A person who makes more than one application or request before providing their biometric information referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information more than once with respect to those applications or requests.

Marginal note:Exemption — biometric information previously provided

• 12.7 (1) Subject to section 12.9, a person who makes an application or request referred to in any of paragraphs 12.1(d) to (i) is not required to provide their biometric information under section 10.01 of the Act if

  • (a) they had already provided it — under subsection 12.1(1) of the Immigration and Refugee Protection Regulations as they read immediately before the coming into force of this paragraph — in support of an application referred to in that subsection, within the 10-year period before the day on which they make the current application;

  • (b) they had already provided it — under section 10.01 of the Act — in support of an application or request referred to in any of paragraphs 12.1(d) to (i), within the 10-year period before the day on which they make the current application or request; or

  • (c) subject to subsection (2), they had already provided it under section 10.01 of the Act when they made a claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) and that claim or application is still pending on the day on which they make an application or request referred to in any of paragraphs 12.1(d) to (i).

• Marginal note:Limitation

  (2) Paragraph (1)(c) ceases to apply on the latest of the expiry dates of any work permit or study permit — including any renewal of them — any temporary resident visa or any temporary resident permit having an expiry date that was issued to the person if that person made the application for the permit or visa during the processing of their claim or application, referred to in any of paragraphs 12.1(a) to (c) or (j) to (l), and the claim or application referred to in any of paragraphs 12.1(a) to (c) or (j) to (l) is refused.

Marginal note:Exemption — collection of biometric information impossible or not feasible

12.8 A person who makes a claim, application or request referred to in any of paragraphs 12.1(a) to (m) is not required to provide, with respect to the claim, application or request in question, the information referred to in subparagraph 12.3(b)(i) or (ii), as the case may be, if the collection is impossible or not feasible.

Marginal note:Exception

12.9 Paragraph 12.7(1)(b) does not apply to

• (a) a person referred to in paragraph 12.7(1)(b) who was exempted under section 12.8 from providing certain biometric information for a reason relating to a temporary situation if the situation no longer exists; and

• (b) a person referred to in paragraph 12.7(1)(c).

Marginal note:Clarification

12.91 For greater certainty, despite sections 12.7 to 12.9, a person may choose to provide their biometric information under section 10.01 of the Act in support of their claim, application or request.

DIVISION 3Documents and Certified Copies

Marginal note:Production of documents

• 13 (1) Subject to subsection (2), a requirement of the Act or these Regulations to produce a document is met

  • (a) by producing the original document;

  • (b) by producing a certified copy of the original document; or

  • (c) in the case of an application, if there is an application form on the Department’s website, by completing and producing the form printed from the website or by completing and submitting the form on-line, if the website indicates that the form can be submitted on-line.

• Marginal note:Exception

  (2) Unless these Regulations provide otherwise, a passport, a permanent resident visa, a permanent resident card, a temporary resident visa, a temporary resident permit, a work permit or a study permit may be produced only by producing the original document.

DIVISION 4Disclosure of Information

Marginal note:Authorized disclosure

13.1 If a member of the Board or an officer determines that the conduct of a person referred to in any of paragraphs 91(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Department, the Canada Border Services Agency or the Board, as the case may be, may disclose the following information to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

• (a) any information referred to in paragraphs 10(2)(c.1) to (c.3); and

• (b) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

DIVISION 4.1Use and Disclosure of Biometric Information and Related Personal Information

Marginal note:Disclosure of information

• 13.11 (1) Any biometric information and related personal information set out in subsection (2) that is collected under the Act and provided to the Royal Canadian Mounted Police may be used or disclosed by it to a law enforcement agency in Canada for the following purposes, if there is a potential match between fingerprints collected under the Act and fingerprints collected by it or submitted to it by a law enforcement agency in Canada:

  • (a) to establish or verify the identity of a person in order to prevent, investigate or prosecute an offence under any law of Canada or a province; and

  • (b) to establish or verify the identity of a person whose identity cannot reasonably be otherwise established or verified because of a physical or mental condition or because of their death.

• Marginal note:Information that may be used or disclosed

  (2) The following information in respect of a foreign national or a permanent resident may be used or disclosed by the Royal Canadian Mounted Police under subsection (1):

  • (a) their fingerprints and the date on which they were taken;

  • (b) their surname and first name;

  • (c) their other names and aliases, if any;

  • (d) their date of birth;

  • (e) their gender; and

  • (f) any file number associated with the biometric information or related personal information.

DIVISION 5Designated Body — Information Requirements

Marginal note:General requirement

• 13.2 (1) A body that is designated under subsection 91(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

  • (a) its most recent annual report;

  • (b) its most recent financial statement and the auditor’s report on that financial statement;

  • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

  • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

  • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

  • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time it provided them to the Minister in accordance with this section;

  • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

  • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

  • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

  • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

  • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

  • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them, during its last completed fiscal year;

  • (m) the name and membership number of each of its members;

  • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time it provided them to the Minister in accordance with this section;

  • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

  • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

  • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time it provided that information to the Minister in accordance with this section;

  • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person during its last completed fiscal year, as well as the name of the person;

  • (s) any training requirements that it imposes on its members; and

  • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

    • (i) the professional qualifications required of trainers,

    • (ii) the identification of the mandatory courses from among those on offer,

    • (iii) any evaluation methods and applicable completion standards, and

    • (iv) the name and professional qualifications of each trainer.

• Marginal note:Special requirement

  (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the documents or information set out in the notice.

• Marginal note:Redacted information

  (3) The information and documents set out in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

• Marginal note:Electronic means

  (4) Despite subsection 13(1), any information or document set out in subsection (1) or (2) may be provided to the Minister by electronic means.

PART 3Inadmissibility

DIVISION 1Determination of Inadmissibility

Marginal note:Application of par. 34(1)(c) of the Act

14 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 34(1)(c) of the Act, if either the following determination or decision has been rendered, the findings of fact set out in that determination or decision shall be considered as conclusive findings of fact:

• (a) a determination by the Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

• (b) a decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.

Marginal note:Application of par. 35(1)(a) of the Act

15 For the purpose of determining whether a foreign national or permanent resident is inadmissible under paragraph 35(1)(a) of the Act, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact:

• (a) a decision concerning the foreign national or permanent resident that is made by any international criminal tribunal that is established by resolution of the Security Council of the United Nations, or the International Criminal Court as defined in the Crimes Against Humanity and War Crimes Act;

• (b) a determination by the Board, based on findings that the foreign national or permanent resident has committed a war crime or a crime against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; or

• (c) a decision by a Canadian court under the Criminal Code or the Crimes Against Humanity and War Crimes Act concerning the foreign national or permanent resident and a war crime or crime against humanity committed outside Canada.

Marginal note:Application of paragraph 35(1)(b) of the Act

16 For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes

• (a) heads of state or government;

• (b) members of the cabinet or governing council;

• (c) senior advisors to persons described in paragraph (a) or (b);

• (d) senior members of the public service;

• (e) senior members of the military and of the intelligence and internal security services;

• (f) ambassadors and senior diplomatic officials; and

• (g) members of the judiciary.

Marginal note:Prescribed period

17 For the purposes of paragraph 36(3)(c) of the Act, the prescribed period is five years

• (a) after the completion of an imposed sentence, in the case of matters referred to in paragraphs 36(1)(b) and (2)(b) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act; and

• (b) after committing an offence, in the case of matters referred to in paragraphs 36(1)(c) and (2)(c) of the Act, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.

Marginal note:Rehabilitation

• 18 (1) For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is a prescribed class.

• Marginal note:Members of the class

  (2) The following persons are members of the class of persons deemed to have been rehabilitated:

  • (a) persons who have been convicted outside Canada of no more than one offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,

    • (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,

    • (ii) at least 10 years have elapsed since the day after the completion of the imposed sentence,

    • (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

    • (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (v) the person has not within the last 10 years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and

    • (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act, other than the one for which they have been convicted;

  • (b) persons convicted outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if all of the following conditions apply, namely,

    • (i) at least five years have elapsed since the day after the completion of the imposed sentences,

    • (ii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

    • (iii) the person has not within the last five years been convicted in Canada of an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (iv) the person has not within the last five years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (v) the person has not before the last five years been convicted in Canada of more than one summary conviction offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (vi) the person has not been convicted of an offence referred to in paragraph 36(2)(b) of the Act that, if committed in Canada, would constitute an indictable offence, and

    • (vii) the person has not committed an act described in paragraph 36(2)(c) of the Act; and

  • (c) persons who have committed no more than one act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,

    • (i) the offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,

    • (ii) at least 10 years have elapsed since the day after the commission of the offence,

    • (iii) the person has not been convicted in Canada of an indictable offence under an Act of Parliament,

    • (iv) the person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (v) the person has not within the last 10 years been convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,

    • (vi) the person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and

    • (vii) the person has not been convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.

Marginal note:Prescribed class

• 18.1 (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of the Act.

• Marginal note:Exemption

  (2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences.

Marginal note:Transborder crime

19 For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed:

• (a) the Criminal Code;

• (b) the Immigration and Refugee Protection Act;

• (c) the Firearms Act;

• (d) the Customs Act;

• (e) the Controlled Drugs and Substances Act; and

• (f) the Cannabis Act.

Marginal note:Inadmissibility on health grounds

• 20 (1) An officer shall determine that a foreign national is inadmissible on health grounds if the officer determines that the foreign national’s health condition is likely to be a danger to public health or public safety or, except for a foreign national referred to in subsection 38(2) of the Act, might reasonably be expected to cause excessive demand.

• Marginal note:Danger to public health or public safety

  (2) Before determining that the foreign national’s health condition is likely to be a danger to public health or public safety, the officer shall consider any opinions of an officer who is assessing the foreign national’s health condition.

• Marginal note:Excessive demand

  (3) Before determining that the foreign national’s health condition might reasonably be expected to cause excessive demand, the officer shall consider

  • (a) any opinions of an officer who is assessing the foreign national’s health condition; and

  • (b) any relevant non-medical factors, including

    • (i) the foreign national’s intent and financial ability to mitigate any excessive demand, and

    • (ii) the feasibility of a mitigation plan, if any, submitted by the foreign national.

Marginal note:Financial reasons

21 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.

Marginal note:Misrepresentation

22 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act.

Marginal note:Application of paragraph 41(a) of the Act

22.1 For the purpose of determining whether a foreign national is inadmissible under paragraph 41(a) of the Act for having failed to comply with the condition set out in paragraph 43(1)(e) or 183(1)(d) of these Regulations, if the foreign national has been convicted for having contravened an order or regulation made under the Emergencies Act or the Quarantine Act, the facts on which the conviction is based shall be considered to be conclusively established.

Marginal note:Prescribed circumstances — family members

23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

• (a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and

• (b) the non-accompanying family member is

  • (i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

  • (ii) the common-law partner of the foreign national,

  • (iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

  • (iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.

Marginal note:Exception

• 24 (1) The exception set out in paragraph 38(2)(a) of the Act does not apply to a child who is not a dependent child of the sponsor.

• Marginal note:Prescribed family members

  (2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act:

  • (a) the dependent child of the sponsor’s spouse or common-law partner;

  • (b) the dependent child of the dependent child referred to in paragraph (a); and

  • (c) the dependent child of the sponsor’s dependent child.

• Marginal note:Exception

  (3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who is a member of the family class and is

  • (a) the conjugal partner of a sponsor;

  • (b) the dependent child of the conjugal partner referred to in paragraph (a);

  • (c) the dependent child of the dependent child referred to in paragraph (b); or

  • (d) a person referred to in paragraph 117(1)(g).

DIVISION 2Application for Declaration of Relief Under Subsection 42.1(1) of the Act

Marginal note:Application

• 24.1 (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or (c) or subsection 37(1) of the Act.

• Marginal note:Judicial review

  (2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following:

  • (a) the Federal Court refuses the application for leave,

  • (b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal,

  • (c) if a question is certified for the Federal Court of Appeal,

    • (i) an appeal to the Federal Court of Appeal is not filed within the time limit, or

    • (ii) the Federal Court of Appeal dismisses the appeal and an application to the Supreme Court of Canada for leave to appeal from that decision is not filed within the time limit,

  • (d) if an application is filed with the Supreme Court of Canada for leave to appeal,

    • (i) the application is refused,

    • (ii) the application is granted and an appeal is not filed within the time limit, or

    • (iii) the Supreme Court of Canada dismisses the appeal, and

  • (e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be.

Marginal note:Required information

• 24.2 (1) An application under subsection 42.1(1) of the Act must include the following information in respect of the applicant:

  • (a) their place of birth, gender and marital status and the names of any former spouses or common-law partners;

  • (b) their telephone number and email address, if any;

  • (c) their former countries of citizenship or former countries of nationality;

  • (d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution;

  • (e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address;

  • (f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and

  • (g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or (c) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1).

• Marginal note:Non-application of paragraphs 10(2)(b) and (c)

  (2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act.

Marginal note:Return of application

24.3 If the requirements of sections 24.1 and 24.2 are not met, the application is not accepted for processing and the application and all documents submitted in support of it are returned to the applicant.

Marginal note:Closing of file

24.4 The processing of the application is discontinued and the applicant’s file is closed if

• (a) a notice has been sent to the applicant requiring that they confirm their intention to proceed with their application and the applicant fails to respond to the notice within 60 calendar days after the day on which it was sent;

• (b) the applicant has acquired permanent resident status;

• (c) the applicant withdraws their application in writing; or

• (d) the applicant has, since making their application, filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection 24.1(1).

Marginal note:Change in information

24.5 The applicant must notify the Minister without delay of any change in their address, telephone number or email address and, if the applicant is represented, the address, telephone number, fax number or email address of their representative.

PART 4Procedures

DIVISION 0.1Expiry Date

Marginal note:Limitation

• 24.6 (1) The expiry date of any work permit, study permit — including any renewal of them — temporary resident permit having an expiry date, temporary resident visa, or document that indicates the temporary resident status of a person who is a member of the visitor class, issued to a person who is required to provide their biometric information under section 10.01 of the Act, must not be later than 10 years after the latest day on which the person provided their biometric information under section 10.01 of the Act.

• Marginal note:Determination of latest day

  (2) The latest day on which the person provided their biometric information is determined at the time of the issuance of the permit, visa or other document.

DIVISION 1Visa Issuance

Marginal note:When unenforced removal order

25 A visa shall not be issued to a foreign national who is subject to an unenforced removal order.

Marginal note:General rule — one-step process

• 25.1 (1) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of any of the classes set out in these Regulations, other than in those cases referred to in subsections (2) to (9), and who makes an application under Division 5, 6 or 7 of Part 5 is the date on which the application is made.

• Marginal note:Certificat de sélection — distressful situation

  (2) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 71, to whom a Certificat de sélection du Québec has been issued declaring that that person is in a particularly distressful situation and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

• Marginal note:Quebec economic candidate

  (3) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in section 86, 90, 97 or 101, to whom a Certificat de sélection du Québec has been issued and who makes an application under Division 6 of Part 5 is the date on which the application for selection was made to Quebec.

• Marginal note:Provincial nominee

  (4) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the provincial nominee class, who is nominated by the province and who makes an application under Division 6 of Part 5 is the date on which the application for nomination was made to the province.

• Marginal note:Atlantic economic candidate

  (5) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is a member of the Atlantic immigration class and who makes an application under Division 6 of Part 5 is the date on which the application for endorsement was made to the province.

• Marginal note:Sponsorship — refugee

  (6) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who is referred to in paragraph 139(1)(h), who makes an application under Division 6 of Part 5 and in respect of whom an undertaking application is made by a sponsor who meets the requirements of sponsorship set out in section 158 is the date on which the undertaking application was made to Quebec.

• Marginal note:Refugee

  (7) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who submits an application for a permanent resident visa under Division 1 of Part 8 along with one of the referrals set out in section 140.3 is the date on which the referral was made.

• Marginal note:Family member who does not accompany applicant

  (8) For the purposes of determining whether a child who submits an application under paragraph 141(1)(b) is the dependent child of a person who has submitted an application under paragraph 139(1)(b), the lock-in date for the age of that child is the date on which that person submitted the application.

• Marginal note:Refugee protection

  (9) For the purposes of determining whether a child is a dependent child, the lock-in date for the age of a child of a person who has submitted a claim for refugee protection inside Canada under subsection 99(3) of the Act, who has acquired protected person status and who has made an application for permanent residence is the date on which the claim for refugee protection was made.

DIVISION 1.1Issuance of Electronic Travel Authorization

Marginal note:Electronic travel authorization not to be issued

25.2 An electronic travel authorization shall not be issued to a foreign national who is subject to an unenforced removal order.

DIVISION 2Authorization to Enter Canada

Marginal note:Designation of ports of entry

26 The Minister may, on the basis of the following factors, designate a place as a port of entry as well as the port of entry’s dates and hours of operation:

• (a) the frequency or anticipated frequency of persons arriving from abroad in the area under consideration;

• (b) the need for the services of the Canada Border Services Agency in that area;

• (c) the operational requirements of commercial transporters;

• (d) administrative arrangements with other departments or agencies of the Government of Canada;

• (e) the operational capacity of the Canada Border Services Agency; and

• (f) any order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act that prohibits the entry of certain persons into Canada.

Marginal note:Services at port of entry

26.1 The Minister may, on the basis of the factors set out in section 26, specify whether the services provided at a port of entry include the following:

• (a) the collection of biometric information under section 12.3;

• (b) the reception of a permanent resident visa that a foreign national presents, under section 71.1, in order to become a permanent resident;

• (c) the reception of an application for an extension of an authorization to remain in Canada as a temporary resident under section 181;

• (d) the reception of an application for the restoration of temporary resident status under section 182;

• (e) the reception of an application for a work permit under subsection 198(1);

• (f) the reception of an application for the renewal of a work permit under section 201;

• (g) the reception of an application for a study permit under section 214; and

• (h) the reception of an application for the renewal of a study permit under section 217.

Marginal note:Obligation on entry

• 27 (1) Unless these Regulations provide otherwise, for the purpose of the examination required by subsection 18(1) of the Act, a person must appear without delay before an officer at a port of entry.

• Marginal note:Seeking entry at a place other than a port of entry

  (2) Unless these Regulations provide otherwise, a person who seeks to enter Canada at a place other than a port of entry must appear without delay for examination at the port of entry that is nearest to that place.

• Marginal note:Refused entry elsewhere

  (3) For the purposes of section 18 of the Act, every person who has been returned to Canada as a result of the refusal of another country to allow that person entry is a person seeking to enter Canada.

DIVISION 3Conduct of Examination

General

Marginal note:Examination

28 For the purposes of subsection 15(1) of the Act, a person makes an application in accordance with the Act by

• (a) submitting an application in writing;

• (b) seeking to enter Canada;

• (c) seeking to transit through Canada as provided in section 35; or

• (d) making a claim for refugee protection.

Marginal note:Medical examination

29 For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following:

• (a) physical examination;

• (b) mental examination;

• (c) review of past medical history;

• (d) laboratory test;

• (e) diagnostic test; and

• (f) medical assessment of records respecting the applicant.

Marginal note:Exemptions from medical examination requirement

• 30 (1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are exempt from the requirement to submit to a medical examination:

  • (a) foreign nationals other than

    • (i) subject to paragraph (g), foreign nationals who are applying for a permanent resident visa or applying to remain in Canada as a permanent resident, as well as their family members, whether accompanying or not,

    • (ii) foreign nationals who are seeking to work in Canada in an occupation in which the protection of public health is essential,

    • (iii) foreign nationals who

      • (A) are seeking to enter Canada or applying for renewal of their work or study permit or authorization to remain in Canada as a temporary resident for a period in excess of six consecutive months, including an actual or proposed period of absence from Canada of less than 14 days, and

      • (B) have resided or stayed for a period of six consecutive months, at any time during the one-year period immediately preceding the date that they sought entry or made their application, in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada,

    • (iv) foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act,

    • (v) foreign nationals who claim refugee protection in Canada, and

    • (vi) foreign nationals who are seeking to enter or remain in Canada and who may apply to the Minister for protection under subsection 112(1) of the Act, other than foreign nationals who have not left Canada since their claim for refugee protection or application for protection was rejected;

  • (b) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

  • (c) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

  • (d) a member of the armed forces of a country that is a designated state as defined in the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

  • (e) a family member of a protected person, if the family member is not included in the protected person’s application to remain in Canada as a permanent resident; and

  • (f) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada.

  • (g) [Repealed, SOR/2017-78, s. 3]

• Marginal note:Subsequent examination

  (2) Every foreign national who has undergone a medical examination as required under paragraph 16(2)(b) of the Act must submit to a new medical examination before entering Canada if, after being authorized to enter and remain in Canada, they have resided or stayed for a total period in excess of six months in an area that the Minister determines, after consultation with the Minister of Health, has a higher incidence of serious communicable disease than Canada.

• Marginal note:Medical certificate

  (3) Every foreign national who must submit to a medical examination, as required under paragraph 16(2)(b) of the Act, and who seeks to enter Canada must hold a medical certificate — based on the most recent medical examination to which they were required to submit under that paragraph and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand.

Marginal note:Public health

31 Before opining whether a foreign national’s health condition is likely to be a danger to public health, an officer who is assessing the foreign national’s health condition shall consider

• (a) any report made by a health practitioner or medical laboratory with respect to the foreign national;

• (b) the communicability of any disease that the foreign national is affected by or carries; and

• (c) the impact that the disease could have on other persons living in Canada.

Marginal note:Conditions

32 In addition to the conditions that are imposed on a foreign national who makes an application as a member of a class, an officer may impose, vary or cancel the following conditions in respect of any foreign national who is required to submit to a medical examination under paragraph 16(2)(b) of the Act:

• (a) to report at the specified times and places for medical examination, surveillance or treatment; and

• (b) to provide proof, at the specified times and places, of compliance with the conditions imposed.

Marginal note:Public safety

33 Before opining whether a foreign national’s health condition is likely to be a danger to public safety, an officer who is assessing the foreign national’s health condition shall consider

• (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and

• (b) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada.

Marginal note:Excessive demand

• 34 (1) An officer who is assessing a foreign national’s health condition shall analyze all relevant medical factors that apply to a determination of whether the foreign national’s health condition might reasonably be expected to cause excessive demand and shall prepare an opinion based on their analysis.

• Marginal note:Medical factors

  (2) Medical factors referred to in subsection (1) include

  • (a) any reports made by a health practitioner or medical laboratory with respect to the foreign national;

  • (b) any condition identified by a medical examination required under paragraph 16(2)(b) of the Act;

  • (c) the availability of and anticipated costs for health services and social services arising from the foreign national’s health status; and

  • (d) a consideration of whether a mitigation plan, if any, submitted by the foreign national would provide for appropriate treatment for the health condition and would be permitted under the rules regulating the delivery of health care in Canada.

• Marginal note:Non-medical factors

  (3) The officer shall not consider non-medical factors, including

  • (a) the foreign national’s intent and financial ability to mitigate any excessive demand; and

  • (b) the feasibility of a mitigation plan, if any, submitted by the foreign national.

Marginal note:Transit

• 35 (1) Subject to subsection (2), the following persons are not seeking to enter Canada but are making an application under subsection 15(1) of the Act to transit through Canada:

  • (a) in airports where there are United States’ in-transit preclearance facilities, in-transit preclearance passengers; and

  • (b) in any airport, passengers who are arriving from any country and who are transiting to a country other than Canada and remain in a sterile transit area.

• Marginal note:Obligatory examination

  (2) Any person seeking to leave a sterile transit area must appear immediately for examination.

Marginal note:Actions not constituting a complete examination

36 An inspection carried out aboard a means of transportation bringing persons to Canada or the questioning of persons embarking on or disembarking from a means of transportation, or the examination of any record or document respecting such persons before they appear for examination at a port of entry, is part of an examination but does not constitute a complete examination.

Marginal note:End of examination

• 37 (1) Subject to subsection (2), the examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when

  • (a) a determination is made that the person has a right to enter Canada, or is authorized to enter Canada as a temporary resident or permanent resident, the person is authorized to leave the port of entry at which the examination takes place and the person leaves the port of entry;

  • (b) if the person is an in-transit passenger, the person departs from Canada;

  • (c) the person is authorized to withdraw their application to enter Canada and an officer verifies their departure from Canada; or

  • (d) a decision in respect of the person is made under subsection 44(2) of the Act and the person leaves the port of entry.

• Marginal note:End of examination — claim for refugee protection

  (2) The examination of a person who makes a claim for refugee protection at a port of entry or inside Canada other than at a port of entry ends when the later of the following occurs:

  • (a) an officer determines that their claim is ineligible under section 101 of the Act or the Refugee Protection Division accepts or rejects their claim under section 107 of the Act;

  • (b) a decision in respect of the person is made under subsection 44(2) of the Act and, in the case of a claim made at a port of entry, the person leaves the port of entry.

Alternative Means of Examination

Marginal note:Means

38 For the purposes of subsection 18(1) of the Act, the following persons may — unless otherwise directed by an officer — be examined by the means indicated as alternative to appearing for an examination by an officer at a port of entry:

• (a) persons who have previously been examined and hold an authorization issued under section 11.1 of the Customs Act, in which case examination is effected by the presentation of the authorization by those persons at a port of entry;

• (b) persons who are seeking to enter Canada at a port of entry where facilities are in place for automatic screening of persons seeking to enter Canada, in which case examination is performed by automatic screening;

• (c) persons who leave Canada and proceed directly to a marine installation or structure to which the Oceans Act applies, and who return directly to Canada from the installation or structure without entering the territorial waters of a foreign state, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (d) members of a crew of a ship that transports oil or liquid natural gas and that docks at a marine installation or structure to which the Oceans Act applies, for the purpose of loading oil or liquid natural gas, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (e) members of a crew of a ship registered in a foreign country, other than members of a crew referred to in paragraph (d), in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (f) members of a crew of a ship registered in Canada, in which case examination is conducted by an officer by telephone or other means of telecommunication;

• (g) citizens or permanent residents of Canada or the United States who are seeking to enter Canada at remote locations where no officer is assigned or where there are no means by which the persons may report for examination, in which case examination is conducted by an officer by telephone or other means of telecommunication; and

• (h) citizens or permanent residents of Canada or the United States who seek to enter Canada at places, other than a port of entry, where no officer is assigned, in which case examination is conducted by an officer by telephone or other means of telecommunication.

Permitted Entry

Marginal note:Entry permitted

39 An officer shall allow the following persons to enter Canada following an examination:

• (a) persons who have been returned to Canada as a result of a refusal of another country to allow them entry after they were removed from or otherwise left Canada after a removal order was made against them;

• (b) persons returning to Canada under a transfer order made under the Mutual Legal Assistance in Criminal Matters Act and who, immediately before being transferred to a foreign state under the transfer order, were subject to an unenforced removal order; and

• (c) persons who are in possession of refugee travel papers issued to them by the Minister that are valid for return to Canada.

Conduct of Examination Measures

Marginal note:Direction to leave

• 40 (1) Except in the case of protected persons within the meaning of subsection 95(2) of the Act and refugee protection claimants, an officer who is unable to examine a person who is seeking to enter Canada at a port of entry shall, in writing, direct the person to leave Canada.

• Marginal note:Service

  (2) A copy of the direction shall be served on the person as well as on the owner or person in control of the means of transportation, if any, that brought the person to Canada.

• Marginal note:Ceasing to have effect

  (3) The direction ceases to have effect when the person appears again at a port of entry and an officer proceeds to examine the person.

Marginal note:Direct back

41 Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national who is seeking to enter Canada from the United States shall direct them to return temporarily to the United States if

• (a) no officer is able to complete an examination;

• (b) the Minister is not available to consider, under subsection 44(2) of the Act, a report prepared with respect to the person;

• (c) an admissibility hearing cannot be held by the Immigration Division; or

• (d) the foreign national is prohibited from entering Canada by an order or regulation made by the Governor in Council under the Emergencies Act or the Quarantine Act.

Marginal note:Withdrawing application

• 42 (1) Subject to subsection (2), an officer who examines a foreign national who is seeking to enter Canada and who has indicated that they want to withdraw their application to enter Canada shall allow the foreign national to withdraw their application and leave Canada.

• Marginal note:Exception — report

  (2) If a report is being prepared or has been prepared under subsection 44(1) of the Act in respect of a foreign national who indicates that they want to withdraw their application to enter Canada, the officer shall not allow the foreign national to withdraw their application or leave Canada unless the Minister decides either not to make a removal order or not to refer the report to the Immigration Division for an admissibility hearing.

• Marginal note:Obligation to confirm departure

  (3) A foreign national who is allowed to withdraw their application to enter Canada must appear without delay before an officer at a port of entry to confirm their departure from Canada.

Application of Section 23 of the Act

Marginal note:Conditions

• 43 (1) An officer must impose the following conditions on every person authorized to enter Canada under section 23 of the Act:

  • (a) to report in person at the time and place specified for the completion of the examination or the admissibility hearing;

  • (b) to not engage in any work in Canada;

  • (c) to not attend any educational institution in Canada;

  • (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada; and

  • (e) to comply with all requirements imposed on them by an order or regulation made under the Emergencies Act or the Quarantine Act.

• Marginal note:Effect of authorization to enter

  (2) A foreign national who is authorized to enter Canada under section 23 of the Act does not, by reason only of that authorization, become a temporary resident or a permanent resident.

Obligation to Appear at an Admissibility Hearing

Marginal note:Class

• 44 (1) The class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act is prescribed as a class of persons.

• Marginal note:Members

  (2) The members of the class of persons who are the subject of a report referred for an admissibility hearing under subsection 44(2) of the Act are the persons who are the subject of such a report.

• Marginal note:Obligation

  (3) Every member of the class prescribed under subsection (1) must appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.

Deposits or Guarantees

Marginal note:Deposit or guarantee required on entry

• 45 (1) An officer can require, in respect of a person or group of persons seeking to enter Canada, the payment of a deposit or the posting of a guarantee, or both, to the Minister for compliance with any conditions imposed.

• Marginal note:Amount

  (2) The amount of the deposit or guarantee is fixed by an officer on the basis of

  • (a) the financial resources of the person or group;

  • (b) the obligations that result from the conditions imposed;

  • (c) the costs that would likely be incurred to locate and arrest the person or group, to detain them, to hold an admissibility hearing and to remove them from Canada; and

  • (d) in the case of a guarantee, the costs that would likely be incurred to enforce it.

Marginal note:Application

46 Sections 47 to 49 apply to deposits and guarantees required under subsections 44(3), 56(1), 58(3) and 58.1(3) of the Act and section 45 of these Regulations.

Marginal note:General requirements

• 47 (1) A person who pays a deposit or posts a guarantee

  • (a) must not have signed or co-signed another guarantee that is in default; and

  • (b) must have the capacity to contract in the province where the deposit is paid or the guarantee is posted.

• Marginal note:Requirements if guarantee posted

  (2) A person who posts a guarantee must

  • (a) be a Canadian citizen or a permanent resident, physically present and residing in Canada;

  • (b) be able to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed; and

  • (c) present to an officer evidence of their ability to fulfil the obligation arising from the guarantee.

• Marginal note:Money illegally obtained

  (3) If an officer has reasonable grounds to believe that a sum of money offered by a person as a deposit was not legally obtained, or that a sum of money that a person may be obliged to pay under a guarantee would not be legally obtained, the officer shall not allow that person to pay a deposit or post a guarantee.

• Marginal note:Factors to consider

  (4) An officer, the Immigration Division or the Minister must consider the following factors in assessing whether the person who posts a guarantee has the ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed:

  • (a) their relationship to the person or group of persons in respect of whom the guarantee is required;

  • (b) their financial situation;

  • (c) any previous history posting a guarantee;

  • (d) their criminal record; and

  • (e) any other relevant factor in determining their ability to ensure that the person or group of persons in respect of whom the guarantee is required will comply with the conditions imposed.

Marginal note:Conditions if guarantee posted

• 48 (1) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a guarantee is required:

  • (a) to provide the Department or the Canada Border Services Agency, depending on which one requires the information, with the address of the person posting the guarantee and to advise the Department or the Canada Border Services Agency, as the case may be, before any change in that address; and

  • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

• Marginal note:Conditions if deposit paid

  (2) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons in respect of whom a deposit is required:

  • (a) to provide the Department or the Canada Border Services Agency, depending on which one requires the information, with their address and to advise the Department or the Canada Border Services Agency, as the case may be, before any change in that address; and

  • (b) to present themself or themselves at the time and place that an officer or the Immigration Division requires them to appear to comply with any obligation imposed on them under the Act.

Marginal note:Acknowledgment of consequences of failure to comply with conditions

• 49 (1) A person who pays a deposit or posts a guarantee must acknowledge in writing

  • (a) that they have been informed of the conditions imposed; and

  • (b) that they have been informed that non-compliance with any conditions imposed will result in the forfeiture of the deposit or enforcement of the guarantee.

• Marginal note:Receipt

  (2) An officer shall issue a receipt for the deposit or a copy of the guarantee, and a copy of the conditions imposed.

• Marginal note:Return of deposit

  (3) If an officer determines that the person or group of persons in respect of whom the deposit was required has complied with the conditions imposed, the deposit shall be returned.

• Marginal note:Breach of condition

  (4) A sum of money deposited is forfeited, or a guarantee posted becomes enforceable, on the failure of the person or any member of the group of persons in respect of whom the deposit or guarantee was required to comply with a condition imposed.

Documents Required

Marginal note:Documents — permanent residents

• 50 (1) In addition to the permanent resident visa required of a foreign national who is a member of a class referred to in subsection 70(2), a foreign national seeking to become a permanent resident must hold

  • (a) a passport, other than a diplomatic, official or similar passport, that was issued by the country of which the foreign national is a citizen or national;

  • (b) a travel document that was issued by the country of which the foreign national is a citizen or national;

  • (c) an identity or travel document that was issued by a country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

  • (d) a travel document that was issued by the International Committee of the Red Cross in Geneva, Switzerland, to enable and facilitate emigration;

  • (e) a passport or travel document that was issued by the Palestinian Authority;

  • (f) an exit visa that was issued by the Government of the Union of Soviet Socialist Republics to its citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country;

  • (g) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (h) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

  • (i) a passport issued by the United Kingdom to a British Subject.

• Marginal note:Exception — protected persons

  (2) Subsection (1) does not apply to a person who is a protected person within the meaning of subsection 95(2) of the Act and holds a permanent resident visa when it is not possible for the person to obtain a passport or an identity or travel document referred to in subsection (1).

• (3) [Repealed, SOR/2010-54, s. 1]

Marginal note:Designation of unreliable travel documents

• 50.1 (1) The Minister may designate, individually or by class, passports or travel or identity documents that do not constitute reliable proof of identity or nationality.

• Marginal note:Factors

  (2) The Minister shall consider the following factors in determining whether to designate any passport or travel or identity document, or class of passport or travel or identity document, as not being reliable proof of identity or nationality:

  • (a) the adequacy of security features incorporated into the passport or document for the purpose of deterring its misuse or unauthorized alteration, reproduction or issuance; and

  • (b) information respecting the security or integrity of the process leading to the issuance of the passport or document.

• Marginal note:Effect of designation

  (3) A passport or travel or identity document that has been designated under subsection (1) is not a passport or travel or identity document for the purpose of subsection 50(1) or 52(1).

• Marginal note:Public notice

  (4) The Minister shall make available to the public a list of all passports or travel or identity documents designated under subsection (1).

Marginal note:Examination — permanent residents

51 A foreign national who holds a permanent resident visa and is seeking to become a permanent resident must, at the time of their examination,

• (a) inform the officer if

  • (i) the foreign national has become a spouse or common-law partner or has ceased to be a spouse, common-law partner or conjugal partner after the visa was issued, or

  • (ii) material facts relevant to the issuance of the visa have changed since the visa was issued or were not divulged when it was issued; and

• (b) establish that they and their family members, whether accompanying or not, meet the requirements of the Act and these Regulations.

Marginal note:Documents — temporary residents

• 52 (1) In addition to the other requirements of these Regulations, a foreign national seeking to become a temporary resident must hold one of the following documents that is valid for the period authorized for their stay:

  • (a) a passport that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

  • (b) a travel document that was issued by the country of which the foreign national is a citizen or national, that does not prohibit travel to Canada and that the foreign national may use to enter the country of issue;

  • (c) an identity or travel document that was issued by a country, that does not prohibit travel to Canada, that the foreign national may use to enter the country of issue and that is of the type issued by that country to non-national residents, refugees or stateless persons who are unable to obtain a passport or other travel document from their country of citizenship or nationality or who have no country of citizenship or nationality;

  • (d) a laissez-passer that was issued by the United Nations;

  • (e) a passport or travel document that was issued by the Palestinian Authority;

  • (f) a document that was issued by the Organization of American States and is entitled “Official Travel Document”;

  • (g) a passport issued by the United Kingdom to a British Overseas Citizen;

  • (h) a passport issued by the United Kingdom to a British National (Overseas), as a person born, naturalized or registered in Hong Kong;

  • (i) a passport issued by the Hong Kong Special Administrative Region of the People’s Republic of China; or

  • (j) a passport issued by the United Kingdom to a British Subject.

• (1.1) [Repealed, SOR/2003-260, s. 1]

• Marginal note:Exceptions

  (2) Subsection (1) does not apply to

  • (a) citizens of the United States;

  • (b) persons seeking to enter Canada from the United States or St. Pierre and Miquelon who have been lawfully admitted to the United States for permanent residence;

  • (c) residents of Greenland seeking to enter Canada from Greenland;

  • (d) persons seeking to enter Canada from St. Pierre and Miquelon who are citizens of France and residents of St. Pierre and Miquelon;

  • (e) members of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act who are seeking entry in order to carry out official duties, other than persons who have been designated as a civilian component of those armed forces;

  • (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of air transportation and who hold an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications; or

  • (g) persons seeking to enter Canada as members of a crew who hold a seafarer’s identity document issued under International Labour Organization conventions and are members of the crew of the vessel that carries them to Canada.

• (3) [Repealed, SOR/2010-54, s. 3]

PART 5Permanent Residents

DIVISION 1Permanent Resident Cards

Marginal note:Document indicating status

• 53 (1) For the purposes of subsection 31(1) of the Act, the document indicating the status of a permanent resident is a permanent resident card that is

  • (a) provided by the Department to a person who has become a permanent resident under the Act; or

  • (b) issued by the Department, on application, to a permanent resident who has become a permanent resident under the Act or a permanent resident who obtained that status under the Immigration Act, chapter I-2 of the Revised Statutes of Canada, 1985, as it read immediately before the coming into force of section 31 of the Act.

• Marginal note:Property of Her Majesty

  (2) A permanent resident card remains the property of Her Majesty in right of Canada at all times and must be returned to the Department on the Department’s request.

Marginal note:Period of validity

• 54 (1) Subject to subsection (2), a permanent resident card is valid for five years from the date of issue.

• Marginal note:Exception

  (2) A permanent resident card is valid for one year from the date of issue if, at the time of issue, the permanent resident

  • (a) is subject to the process set out in paragraph 46(1)(b) of the Act;

  • (b) is the subject of a report prepared under subsection 44(1) of the Act;

  • (c) is subject to a removal order made by the Minister under subsection 44(2) of the Act and the period for filing an appeal from the decision has not expired or, if an appeal is filed, there has been no final determination of the appeal; or

  • (d) is the subject of a report referred to the Immigration Division under subsection 44(2) of the Act and the period for filing an appeal from the decision of the Immigration Division has not expired or, if an appeal is filed, there has been no final determination of the appeal.

Marginal note:Delivery

55 A permanent resident card shall only be provided or issued in Canada.

• 56 (1) [Repealed, SOR/2008-188, s. 1]

• Marginal note:Application for a card

  (2) An application for a permanent resident card must be made in Canada and include

  • (a) an application form that contains the following information, namely,

    • (i) the applicant’s name and date and place of birth,

    • (ii) the applicant’s gender, height and eye colour,

    • (iii) the date on which and the place where the applicant became a permanent resident,

    • (iv) the applicant’s mailing address,

    • (v) the addresses of all of the applicant’s places of residence during the previous five years,

    • (vi) the names and addresses of the applicant’s employers and educational institutions attended, during the previous five years,

    • (vii) the periods during the previous five years that the applicant was absent from Canada,

    • (viii) [Repealed, SOR/2008-188, s. 1]

    • (ix) whether a report under subsection 44(1) of the Act has been made in respect of the applicant or whether a decision was made outside of Canada that they have failed to comply with the residency obligation under section 28 of the Act, and

    • (x) whether the applicant has lost their permanent resident status or has been issued a removal order;

  • (b) [Repealed, SOR/2008-188, s. 1]

  • (c) a copy of

    • (i) any document described in paragraphs 50(1)(a) to (h) — or, if the applicant does not hold one of those documents, any document described in paragraphs 178(1)(a) and (b) — that is currently held by the applicant or was held by the applicant at the time they became a permanent resident,

    • (ii) a certificate of identity issued in Canada to the applicant by the Minister, or

    • (iii) refugee travel papers issued in Canada to the applicant by the Minister;

  • (d) a copy of

    • (i) the form IMM1000, entitled “Record of Landing”, held by the applicant,

    • (ii) a provincial driver’s license held by the applicant,

    • (iii) a photo-identity card held by the applicant and issued by a province,

    • (iv) a student card held by the applicant and issued by a provincially accredited college or university, or

    • (v) the most recent notice of assessment within the meaning of the Income Tax Act received in relation to the applicant’s income tax return; and

  • (e) two identical photographs that

    • (i) were taken not more than 12 months before the application was made,

    • (ii) [Repealed, SOR/2008-188, s. 1]

    • (iii) are in black and white or colour on paper,

    • (iv) show a full front view of the applicant’s head and shoulders and have a white background,

    • (v) have a view of the applicant’s head that is at least 25 mm (one inch) and at most 35 mm (1.375 inches) in length,

    • (vi) show the applicant’s face unobscured by sunglasses or any other object, and

    • (vii) have a dimension of 35 mm (1.375 inches) by 45 mm (1.75 inches).

• (3) [Repealed, SOR/2008-188, s. 1]

Marginal note:Applicants

• 57 (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.

• Marginal note:Minor applicants 14 years of age or more

  (2) The application of a child who is 14 years of age or more but less than 18 years of age must be signed by the applicant and one of their parents unless

  • (a) a Canadian court has made another person responsible for the child, in which case that person must co-sign the application; or

  • (b) the parents are deceased, in which case the person legally responsible for the child must co-sign the application.

• Marginal note:Minor applicants less than 14 years of age

  (3) The application of a child who is less than 14 years of age must be signed by one of their parents unless

  • (a) a Canadian court has made another person responsible for the child, in which case that person must sign the application; or

  • (b) the parents are deceased, in which case the person legally responsible for the child must sign the application.

Marginal note:Providing address within 180 days

• 58 (1) In order to allow the Department to provide a permanent resident card, a permanent resident referred to in paragraph 53(1)(a) must provide to the Department, within 180 days after the day on which they become a permanent resident, their address in Canada and, on the request of an officer,

  • (a) a photograph of the permanent resident that satisfies the requirements of subparagraphs 56(2)(e)(i) and (iii) to (vii); and

  • (b) the signature of the permanent resident or, if the permanent resident is a child less than 14 years of age, the signature of one of their parents unless

    • (i) a Canadian court has made another person responsible for the child, in which case the signature of that person must be provided, or

    • (ii) the parents are deceased, in which case the signature of the person legally responsible for the child must be provided.

• Marginal note:Issuance after 180 days

  (2) If the permanent resident does not comply with subsection (1), they must make an application for a permanent resident card in accordance with section 56.

• Marginal note:Attendance required

  (3) A permanent resident who applies for a permanent resident card under section 56 must, in order to be provided with the card, attend at the time and place specified in a notice mailed by the Department. If the permanent resident fails to attend within 180 days after the Department first mails a notice, the card shall be destroyed and the applicant must make a new application in order to be issued a permanent resident card.

• Marginal note:Document verification

  (4) When attending in accordance with subsection (3), a permanent resident must produce the original documents copies of which were included in their application as required by paragraphs 56(2)(c) and (d).

Marginal note:Issuance of new permanent resident card

• 59 (1) An officer shall, on application, issue a new permanent resident card if

  • (a) the applicant has not lost permanent resident status under subsection 46(1) of the Act;

  • (b) the applicant has not been convicted under section 123 or 126 of the Act for an offence related to the misuse of a permanent resident card, unless a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act;

  • (c) the applicant complies with the requirements of sections 56 and 57 and subsection 58(4);

  • (c.1) in the case of an applicant referred to in paragraph 12.1(m) who is 14 years of age or older, the applicant has provided their biometric information in support of their application; and

  • (d) the applicant returns their last permanent resident card, unless the card has been lost, stolen or destroyed, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.

• Marginal note:Issuance of new permanent resident card — effect

  (2) A previously issued permanent resident card is revoked on the issuance of a new permanent resident card.

Marginal note:Revocation

60 A permanent resident card is revoked if

• (a) the permanent resident becomes a Canadian citizen or otherwise loses permanent resident status;

• (b) the permanent resident card is lost, stolen or destroyed; or

• (c) the permanent resident is deceased.

DIVISION 1.1Collection and Disclosure of Information

Marginal note:Collection of social insurance number

• 60.1 (1) The Minister may collect the social insurance number of a permanent resident card applicant or a travel document applicant to verify that the applicant has complied with the obligation set out in section 28 of the Act.

• Marginal note:Disclosure of social insurance number

  (2) The Minister may disclose the social insurance number of the applicant to the Canada Revenue Agency for the purpose set out in subsection (1) if the Minister has entered into an arrangement with the Agency for the disclosure of that information.

DIVISION 2Residency Obligation

Marginal note:Canadian business

• 61 (1) Subject to subsection (2), for the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act and of this section, a Canadian business is

  • (a) a corporation that is incorporated under the laws of Canada or of a province and that has an ongoing operation in Canada;

  • (b) an enterprise, other than a corporation described in paragraph (a), that has an ongoing operation in Canada and

    • (i) that is capable of generating revenue and is carried on in anticipation of profit, and

    • (ii) in which a majority of voting or ownership interests is held by Canadian citizens, permanent residents, or Canadian businesses as defined in this subsection; or

  • (c) an organization or enterprise created under the laws of Canada or a province.

• Marginal note:Exclusion

  (2) For greater certainty, a Canadian business does not include a business that serves primarily to allow a permanent resident to comply with their residency obligation while residing outside Canada.

• Marginal note:Employment outside Canada

  (3) For the purposes of subparagraphs 28(2)(a)(iii) and (iv) of the Act, the expression employed on a full-time basis by a Canadian business or in the public service of Canada or of a province means, in relation to a permanent resident, that the permanent resident is an employee of, or under contract to provide services to, a Canadian business or the public service of Canada or of a province, and is assigned on a full-time basis as a term of the employment or contract to

  • (a) a position outside Canada;

  • (b) an affiliated enterprise outside Canada; or

  • (c) a client of the Canadian business or the public service outside Canada.

• Marginal note:Accompanying outside Canada

  (4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and this section, a permanent resident is accompanying outside Canada a Canadian citizen or another permanent resident — who is their spouse or common-law partner or, in the case of a child, their parent — on each day that the permanent resident is ordinarily residing with the Canadian citizen or the other permanent resident.

• Marginal note:Compliance

  (5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, a permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.

• Marginal note:Child

  (6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, child means a child who is not a spouse or common-law partner and is less than 22 years of age.

Marginal note:Calculation — residency obligation

• 62 (1) Subject to subsection (2), the calculation of days under paragraph 28(2)(a) of the Act in respect of a permanent resident does not include any day after

  • (a) a report is prepared under subsection 44(1) of the Act on the ground that the permanent resident has failed to comply with the residency obligation; or

  • (b) a decision is made outside of Canada that the permanent resident has failed to comply with the residency obligation.

• Marginal note:Exception

  (2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.

DIVISION 3Permit Holders

Marginal note:Period of permit’s validity

63 A temporary resident permit is valid until any one of the following events occurs:

• (a) the permit is cancelled under subsection 24(1) of the Act;

• (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada;

• (c) the period of validity specified on the permit expires; or

• (d) a period of three years elapses from its date of validity.

DIVISION 4Permit Holders Class

Marginal note:Permit holder class

64 The permit holder class is prescribed as a class of foreign nationals who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member of class

65 A foreign national is a permit holder and a member of the permit holder class if

• (a) they have been issued a temporary resident permit under subsection 24(1) of the Act;

• (b) they have continuously resided in Canada as a permit holder for a period of

  • (i) at least three years, if they

    • (A) are inadmissible on health grounds under subsection 38(1) of the Act,

    • (B) are inadmissible under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act, or

    • (C) are inadmissible under paragraph 42(1)(b) of the Act on grounds of being an accompanying family member of a foreign national who is inadmissible

      • (I) under subsection 38(1) of the Act, or

      • (II) under paragraph 42(1)(a) of the Act on grounds of an accompanying family member who is inadmissible under subsection 38(1) of the Act,

  • (ii) at least five years, if they are inadmissible on any other grounds under the Act, except sections 34 and 35 and subsections 36(1) and 37(1) of the Act;

• (c) they have not become inadmissible on any ground since the permit was issued; and

• (d) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

Marginal note:Becoming a permanent resident

• 65.1 (1) A foreign national in Canada who is a permit holder and a member of the permit holder class becomes a permanent resident if, following an examination, it is established that

  • (a) they have applied to remain in Canada as a permanent resident as a member of that class;

  • (b) they are in Canada to establish permanent residence;

  • (c) they meet the selection criteria and other requirements applicable to that class;

  • (d) they hold

    • (i) subject to subsection (4), a document described in any of paragraphs 50(1)(a) to (h), and

    • (ii) a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and is not reasonably expected to cause excessive demand; and

  • (e) they and their family members, whether accompanying or not, are not inadmissible on any ground other than the grounds on which an officer, at the time the permit was issued, formed the opinion that the foreign national was inadmissible.

• Marginal note:Criteria in the Province of Quebec

  (2) For the purposes of paragraph (1)(c), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident and who is not a person whom the Board has determined to be a Convention refugee is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

• Marginal note:Foreign nationals without a passport or other travel document

  (3) The following foreign nationals who are not holders of a document described in any of paragraphs 50(1)(a) to (h) may submit with their application a document described in paragraph 178(1)(a) or (b):

  • (a) a protected person within the meaning of subsection 95(2) of the Act;

  • (b) a person who was determined to be a Convention refugee seeking resettlement under the Immigration Regulations, 1978, as enacted by Order in Council P.C. 1978-486 dated February 23, 1978 and registered as SOR/78-172, if under the Act or section 69.2 of the former Act, within the meaning of section 187 of the Act,

    • (i) no determination has been made to vacate that determination, or

    • (ii) no determination has been made that the person ceased to be a Convention refugee; and

  • (c) a member of the country of asylum class or the source country class under the Humanitarian Designated Classes Regulations, as enacted by Order in Council P.C. 1997-477 dated April 8, 1997 and registered as SOR/97-183.

• Marginal note:Alternative documents

  (4) A document submitted under subsection (3) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if it satisfies the requirements of paragraphs 178(2)(a) or (b).

DIVISION 5Humanitarian and Compassionate Considerations

Marginal note:Request

66 A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing accompanied by an application to remain in Canada as a permanent resident or, in the case of a foreign national outside Canada, an application for a permanent resident visa.

Marginal note:Applicant outside Canada

67 If an exemption from paragraphs 70(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national outside Canada who has made the applications referred to in section 66, a permanent resident visa shall be issued to the foreign national if, following an examination, it is established that the foreign national meets the requirement set out in paragraph 70(1)(b) and

• (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

• (b) the foreign national is not otherwise inadmissible; and

• (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

Marginal note:Applicant in Canada

68 If an exemption from paragraphs 72(1)(a), (c) and (d) is granted under subsection 25(1), 25.1(1) or 25.2(1) of the Act with respect to a foreign national in Canada who has made the applications referred to in section 66, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements set out in paragraphs 72(1)(b) and (e) and

• (a) in the case of a foreign national who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province;

• (b) the foreign national is not otherwise inadmissible; and

• (c) the family members of the foreign national, whether accompanying or not, are not inadmissible.

Marginal note:Accompanying family member outside Canada

• 69 (1) A foreign national who is an accompanying family member of a foreign national to whom a permanent resident visa is issued under section 67 shall be issued a permanent resident visa if, following an examination, it is established that

  • (a) the accompanying family member is not inadmissible; and

  • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

• Marginal note:Accompanying family member in Canada

  (2) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under section 68 shall become a permanent resident if the accompanying family member is in Canada and, following an examination, it is established that

  • (a) the accompanying family member is not inadmissible; and

  • (b) in the case of an accompanying family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

Marginal note:Requirements — family member

69.1 Subject to subsection 25.1(1), to be considered a family member of the applicant, a person shall be a family member of an applicant both at the time the application under section 66 is made and at the time of the determination of the application.

DIVISION 6Permanent Resident Visa

Marginal note:Issuance

• 70 (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that

  • (a) the foreign national has applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2);

  • (b) the foreign national is coming to Canada to establish permanent residence;

  • (c) the foreign national is a member of that class;

  • (d) the foreign national meets the selection criteria and other requirements applicable to that class; and

  • (e) the foreign national and their family members, whether accompanying or not, are not inadmissible.

• Marginal note:Classes

  (2) The classes are

  • (a) the family class;

  • (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 Atlantic immigration 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

  • (c) the Convention refugees abroad class and the country of asylum class.

• Marginal note:Criteria in the Province of Quebec

  (3) For the purposes of paragraph (1)(d), the selection criterion for a foreign national who intends to reside in the Province of Quebec as a permanent resident and is not a member of the family class is met by evidence that the competent authority of that Province is of the opinion that the foreign national complies with the provincial selection criteria.

• Marginal note:Accompanying family members

  (4) A foreign national who is an accompanying family member of a foreign national who is issued a permanent resident visa shall be issued a permanent resident visa if, following an examination, it is established that

  • (a) the accompanying family member is not inadmissible; and

  • (b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class, the competent authority of that Province is of the opinion that the family member complies with the provincial selection criteria.

• Marginal note:Family member

  (5) If a permanent resident visa is not issued to a child as an accompanying family member of a foreign national or the foreign national’s spouse or common-law partner, a permanent resident visa shall not be issued to a child of that child as an accompanying family member of the foreign national.

Marginal note:Issuance — particular Quebec selection cases

71 An officer shall issue a permanent resident visa to a foreign national outside Canada who intends to reside in the Province of Quebec as a permanent resident and does not satisfy the requirements of paragraphs 70(1)(a), (c) and (d) if, following an examination, it is established that

• (a) the foreign national has applied for a permanent resident visa in accordance with these Regulations, other than paragraph 10(2)(c);

• (b) the foreign national may not be issued a permanent resident visa under subsection 176(2) and is not a member of any class of persons prescribed by these Regulations who may become permanent residents or be issued permanent resident visas;

• (c) the foreign national is named in a Certificat de sélection du Québec issued by that Province indicating that the foreign national, under the regulations made under An Act respecting immigration to Québec, R.S.Q., c. I-0.2, as amended from time to time, is a foreign national in a particularly distressful situation; and

• (d) the foreign national and their family members, whether accompanying or not, are not inadmissible.

DIVISION 7Becoming a Permanent Resident

Marginal note:Foreign nationals outside Canada

• 71.1 (1) A foreign national who is a member of a class referred to in subsection 70(2) and is outside Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry.

• Marginal note:Foreign nationals in Canada as temporary residents

  (2) A foreign national who is a member of a class referred to in paragraph 70(2)(a) or (b) and who is a temporary resident in Canada must, to become a permanent resident, present their permanent resident visa to an officer at a port of entry or at an office of the Department in Canada.

Marginal note:Obtaining status

• 72 (1) A foreign national in Canada becomes a permanent resident if, following an examination, it is established that

  • (a) they have applied to remain in Canada as a permanent resident as a member of a class referred to in subsection (2);

  • (b) they are in Canada to establish permanent residence;

  • (c) they are a member of that class;

  • (d) they meet the selection criteria and other requirements applicable to that class;

  • (e) except in the case of a foreign national who has submitted a document accepted under subsection 178(2) or of a member of the protected temporary residents class,

    • (i) they and their family members, whether accompanying or not, are not inadmissible,

    • (ii) they hold a document described in any of paragraphs 50(1)(a) to (h), and

    • (iii) they hold a medical certificate — based on the most recent medical examination to which they were required to submit under paragraph 16(2)(b) of the Act and which took place within the previous 12 months — that indicates that their health condition is not likely to be a danger to public health or public safety and, unless subsection 38(2) of the Act applies, is not reasonably expected to cause excessive demand; and

  • (f) in the case of a member of the protected temporary residents class, they are not inadmissible.

• Marginal note:Classes

  (2) The classes are

  • (a) [Repealed, SOR/2017-78, s. 4]

  • (b) the spouse or common-law partner in Canada class; and

  • (c) the protected temporary residents class.

• Marginal note:Criteria in the Province of Quebec

  (3) For the purposes of paragraph (1)(d), the selection criterion applicable to a foreign national who intends to reside in the Province of Quebec as a permanent resident, and who is not a member of the family class or a person whom the Board has determined to be a Convention refugee, is met by evidence that the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.

• Marginal note:Accompanying family members

  (4) A foreign national who is an accompanying family member of a foreign national who becomes a permanent resident under this section shall be issued a permanent resident visa or become a permanent resident, as the case may be, if following an examination it is established that

  • (a) the accompanying family member is not inadmissible;

  • (b) in the case of a family member who intends to reside in the Province of Quebec and is not a member of the family class or a person whom the Board has determined to be a Convention refugee, the competent authority of that Province is of the opinion that the family member meets the selection criteria of the Province.

DIVISION 8[Repealed, SOR/2017-56, s. 1]

72.1 [Repealed, SOR/2017-56, s. 1]

72.2 [Repealed, SOR/2017-56, s. 1]

72.3 [Repealed, SOR/2017-56, s. 1]

72.4 [Repealed, SOR/2017-56, s. 1]

DIVISION 9Application to Renounce Permanent Resident Status

Marginal note:Separate application

72.5 Despite subsection 10(3), a separate application must be made for each family member that would like to renounce their permanent resident status.

Marginal note:Application — conditions

72.6 An officer may approve a person’s application to renounce their permanent resident status if

• (a) the person has provided evidence of their citizenship, nationality or permanent legal resident status in another country; and

• (b) in the case of an application in respect of a person who is less than 18 years of age, the application is signed by every person who has custody of that person or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court.

Marginal note:Sponsorship application suspended

72.7 If a permanent resident makes an application to renounce their permanent resident status, any sponsorship application made by them is suspended until a decision is made on the application to renounce permanent residence.

PART 6Economic Classes

DIVISION 0.1General

Marginal note:Requirements — family member

72.8 Subject to subsections 25.1(3) to (5) and for the purposes of this Part, to be considered a family member of an applicant, a person must be a family member of the applicant both at the time the application under Division 6 of Part 5 is made and at the time of the determination of the application.

DIVISION 1Skilled Workers

Interpretation

Marginal note:Definitions

• 73 (1) The following definitions apply in this Division.

  Atlantic province

  Atlantic province means Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador. (province de l’Atlantique)

  Canadian educational credential

  Canadian educational credential means any secondary school diploma or any post-secondary diploma, certificate or credential that is issued on the completion of a Canadian program of study or training at an educational or training institution that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions. (diplôme canadien)

  educational credential

  educational credential[Repealed, SOR/2012-274, s. 3]

  equivalency assessment

  equivalency assessment means a determination, issued by an organization or institution designated under subsection 75(4), that a foreign diploma, certificate or credential is equivalent to a Canadian educational credential and an assessment, by the organization or institution, of the authenticity of the foreign diploma, certificate or credential. (attestation d’équivalence)

  former Regulations

  former Regulations has the same meaning as in subsection 316(1). (ancien règlement)

  full-time work

  full-time work means at least 30 hours of work over a period of one week. (travail à temps plein)

  language skill area

  language skill area means speaking, oral comprehension, reading or writing. (habileté langagière)

  restricted occupation

  restricted occupation means an occupation designated as a restricted occupation by the Minister, taking into account labour market activity on both an area and a national basis, following consultation with the Department of Employment and Social Development, provincial governments and any other relevant organizations or institutions. (profession d’accès limité)

• Marginal note:Definition work

  (2) Despite the definition work in section 2, for the purposes of this Division, work means an activity for which wages are paid or commission is earned.

General

Marginal note:Criteria

• 74 (1) For the purposes of paragraphs 75(2)(d), 79(3)(a), 87.1(2)(d) and (e), 87.2(3)(a) and 87.3(2)(f), 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, the federal skilled trades class and the Atlantic immigration 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:Evaluation of language proficiency

  (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

  • (a) has expertise in evaluating language proficiency; and

  • (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:Public notice

  (4) The Minister shall make available to the public the names of the designated organizations or institutions and the approved language tests.

• 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

  (6) The Minister may revoke a designation of an organization or institution or the approval of a language test 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 a federal or provincial law or regulation that is 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 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, the federal skilled trades class or the Atlantic immigration class, as the case may be.

Federal Skilled Workers

Federal Skilled Worker Class

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 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;

  • (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 submitted the results of a language test that is approved under subsection 74(3), which results must be provided by an organization or institution that is designated under that subsection, must be less than two years old on the date on which their application for a permanent resident visa is made and must indicate that they have met or exceeded the applicable language proficiency threshold in either English or French that is fixed by the Minister under subsection 74(1) for each of the four language skill areas; and

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

    • (i) their Canadian educational credential, or

    • (ii) their foreign diploma, certificate or credential and the equivalency assessment, which assessment must be less than five years old on the date on which their application is made.

• 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.

• 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.

Marginal note:Selection criteria

• 76 (1) For the purpose of determining whether a skilled worker, as a member of the federal skilled worker class, will be able to become economically established in Canada, they must be assessed on the basis of the following criteria:

  • (a) the skilled worker must be awarded not less than the minimum number of required points referred to in subsection (2) on the basis of the following factors, namely,

    • (i) education, in accordance with section 78,

    • (ii) proficiency in the official languages of Canada, in accordance with section 79,

    • (iii) experience, in accordance with section 80,

    • (iv) age, in accordance with section 81,

    • (v) arranged employment, in accordance with section 82, and

    • (vi) adaptability, in accordance with section 83; and

  • (b) the skilled worker must

    • (i) 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 worker and their family members, or

    • (ii) be awarded points under paragraph 82(2)(a), (b) or (d) for arranged employment, as defined in subsection 82(1), in Canada.

• Marginal note:Number of points

  (2) The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of

  • (a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;

  • (b) the number of skilled workers 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 economic and other relevant factors, for the establishment of skilled workers in Canada.

• Marginal note:Circumstances for officer’s substituted evaluation

  (3) Whether or not the skilled worker has been awarded the minimum number of required points referred to in subsection (2), an officer may substitute for the criteria set out in paragraph (1)(a) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the skilled worker may become economically established in Canada.

• Marginal note:Concurrence

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

Marginal note:Conformity — applicable times

77 For the purposes of Part 5, the requirements and criteria set out in sections 75 and 76 must be met on the date on which an application for a permanent resident visa is made and on the date on which it is issued.

Selection Grid

Marginal note:Education (25 points)

• 78 (1) Points shall be awarded, to a maximum of 25, for a skilled worker’s Canadian educational credential or equivalency assessment submitted in support of an application, as follows:

  • (a) 5 points for a secondary school credential;

  • (b) 15 points for a one-year post-secondary program credential;

  • (c) 19 points for a two-year post-secondary program credential;

  • (d) 21 points for a post-secondary program credential of three years or longer;

  • (e) 22 points for two or more post-secondary program credentials, one of which must be a credential issued on completion of a post-secondary program of three years or longer;

  • (f) 23 points for a university-level credential at the master’s level or at the level of an entry-to-practice professional degree for an occupation listed in the National Occupational Classification matrix at Skill Level A for which licensing by a provincial regulatory body is required; and

  • (g) 25 points for a university-level credential at the doctoral level.

• Marginal note:More than one educational credential

  (2) For the purposes of subsection (1), points

  • (a) except as set out in paragraph (1)(e), shall not be awarded cumulatively on the basis of more than one educational credential; and

  • (b) shall be awarded on the basis of the Canadian educational credentials or equivalency assessments submitted in support of an application for a permanent resident visa that result in the highest number of points.

Marginal note:Official languages

• 79 (1) A skilled worker must identify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada. They must have their proficiency in that language evaluated by an organization or institution that is designated under subsection 74(3) using a language test that is approved under that subsection.

• Marginal note:Proficiency in second language

  (2) If the skilled worker wishes to claim points for proficiency in their second official language, they must submit, in support of the application for a permanent resident visa, the results of a language test that is approved under subsection 74(3) , which results must be provided by an organization or institution that is designated under that subsection and must be less than two years old on the date on which their application is made.

• Marginal note:Proficiency in English and French (28 points)

  (3) Points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points for the skilled worker’s first official language and a maximum of 4 points for the applicant’s second official language based on benchmarks set out in Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as follows:

  • (a) for the four language skill areas in the skilled worker’s first official language,

    • (i) 4 points per language skill area if the skilled worker’s proficiency meets the threshold fixed by the Minister under subsection 74(1) for that language skill area,

    • (ii) 5 points per language skill area if the skilled worker’s proficiency exceeds the threshold fixed by the Minister under subsection 74(1) for that language skill area by one benchmark level, and

    • (iii) 6 points per language skill area if the skilled worker’s proficiency exceeds the threshold fixed by the Minister under subsection 74(1) for that language skill area by at least two benchmark levels; and

  • (b) for the four language skill areas in the skilled worker’s second official language, 4 points if the skilled worker’s proficiency in that language meets or exceeds benchmark level 5 in each of the four language skill areas.

Marginal note:Experience (15 points)

• 80 (1) Points shall be awarded, up to a maximum of 15 points, to a skilled worker for full-time work experience, or the equivalent in part-time work, within the 10 years before the date on which their application is made, as follows:

  • (a) 9 points for one year of work experience;

  • (b) 11 points for two to three years of work experience;

  • (c) 13 points for four to five years of work experience; and

  • (d) 15 points for six or more years of work experience.

• Marginal note:Listed occupation

  (2) For the purposes of subsection (1), points are awarded for work experience in 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.

• Marginal note:Occupational experience

  (3) For the purposes of subsection (1), a skilled worker is considered to have experience in an occupation, regardless of whether they meet the employment requirements of the occupation as set out in the occupational descriptions of the National Occupational Classification, if they performed

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

  • (b) at least a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification, including all the essential duties.

• Marginal note:Work in excess

  (4) A period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, shall be evaluated as a single period of full-time work experience in a single occupation.

• Marginal note:Classification code

  (5) A skilled worker must specify in their application for a permanent resident visa the four-digit code of the National Occupational Classification that corresponds to each of the occupations engaged in by the applicant and that constitutes the skilled worker’s work experience.

• Marginal note:Officer’s duty

  (6) An officer is not required to consider occupations that have not been specified in the application.

• (7) [Repealed, SOR/2012-274, s. 9]

Marginal note:Age (12 points)

81 Points shall be awarded, up to a maximum of 12, for a skilled worker’s age on the date on which their application is made, as follows:

• (a) 12 points for a skilled worker 18 years of age or older but less than 36 years of age;

• (b) 11 points for a skilled worker 36 years of age;

• (c) 10 points for a skilled worker 37 years of age;

• (d) 9 points for a skilled worker 38 years of age;

• (e) 8 points for a skilled worker 39 years of age;

• (f) 7 points for a skilled worker 40 years of age;

• (g) 6 points for a skilled worker 41 years of age;

• (h) 5 points for a skilled worker 42 years of age;

• (i) 4 points for a skilled worker 43 years of age;

• (j) 3 points for a skilled worker 44 years of age;

• (k) 2 points for a skilled worker 45 years of age;

• (l) 1 point for a skilled worker 46 years of age; and

• (m) 0 points for a skilled worker under 18 years of age or 47 years of age or older.

Definition of arranged employment

• 82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued, and that is in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix.

• Marginal note:Arranged employment (10 points)

  (2) Ten points shall be awarded to a skilled worker for arranged employment if they are able to perform and are likely to accept and carry out the employment and

  • (a) the skilled worker is in Canada and holds a work permit that is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and

    • (i) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to the skilled worker’s employment with their current employer in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,

    • (ii) the skilled worker is working for an employer specified on the work permit, and

    • (iii) that employer has offered arranged employment to the skilled worker;

  • (b) the skilled worker is in Canada and holds a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and is valid on the date on which their application for a permanent resident visa is made and, on the date on which the visa is issued, holds a valid work permit or is authorized to work in Canada under section 186 and

    • (i) the skilled worker is working for an employer specified on the work permit,

    • (ii) that employer has offered an arranged employment to the skilled worker, and

    • (iii) the skilled worker has accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for that employer;

  • (c) the skilled worker does not hold a valid work permit, is not authorized to work in Canada under section 186 on the date on which their application for a permanent resident visa is made and

    • (i) an employer has offered arranged employment to the skilled worker, and

    • (ii) an officer has approved the offer of employment based on a valid assessment — provided to the officer by the Department of Employment and Social Development, on the same basis as an assessment provided for the issuance of a work permit, at the request of the employer or an officer — that the requirements set out in subsection 203(1) with respect to the offer have been met; or

  • (d) on the date on which their application for a permanent resident visa is made and on the date on which the visa is issued, the skilled worker holds a valid work permit or is authorized to work in Canada under section 186 and

    • (i) the circumstances referred to in subparagraph (a)(ii) or (iii) do not apply,

    • (ii) the circumstances referred to in paragraph (b) do not apply, and

    • (iii) the circumstances referred to in subparagraphs (c)(i) and (ii) apply.

Marginal note:Adaptability (10 points)

• 83 (1) A maximum of 10 points for adaptability shall be awarded to a skilled worker on the basis of any combination of the following elements:

  • (a) for the language proficiency of the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, in either official language, evaluated at at least benchmark level 4 for each of the four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and demonstrated by the results of a language test that is approved under subsection 74(3) from an organization or institution designated under that subsection, which results must be less than two years old on the date on which the application for a permanent resident visa is made, 5 points;

  • (b) for a period of full-time study in Canada by the skilled worker of at least two academic years in a program of at least two years in duration whether or not they obtained an educational credential for completing the program and during which period they remained in good academic standing as defined by the institution, 5 points;

  • (b.1) for a period of full-time study in Canada by the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, of at least two academic years in a program of at least two years in duration whether or not the accompanying spouse or common-law partner obtained an educational credential for completing the program, and during which period the accompanying spouse or common-law partner remained in good academic standing as defined by the institution, 5 points;

  • (c) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A or B of the National Occupational Classification matrix, 10 points;

  • (c.1) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker’s accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, 5 points;

  • (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points; and

  • (e) for being awarded points for arranged employment in Canada under subsection 82(2), 5 points.

• Marginal note:Full-time study

  (2) For the purposes of paragraphs (1)(b) and (b.1), full-time study means at least 15 hours of instruction per week during the academic year, authorized under a study permit or under section 188, at a secondary or post-secondary institution in Canada that is recognized by the provincial authorities responsible for registering, accrediting, supervising and regulating such institutions, including any period of training in the workplace that forms part of the course of instruction.

• (3) and (4) [Repealed, SOR/2012-274, s. 12]

• Marginal note:Family relationships in Canada

  (5) For the purposes of paragraph (1)(d), a skilled worker shall be awarded 5 points if

  • (a) the skilled worker or the skilled worker’s accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is 18 years or older, a Canadian citizen or permanent resident living in Canada and who is

    • (i) their father or mother,

    • (ii) the father or mother of their father or mother,

    • (iii) their child,

    • (iv) a child of their child,

    • (v) a child of their father or mother,

    • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

    • (vii) a child of the child of their father or mother.

  • (b) [Repealed, SOR/2012-274, s. 12]

Requirements

84 [Repealed, SOR/2008-202, s. 1]

Marginal note:Permanent resident status

85 A foreign national who is an accompanying family member of a person who makes an application as a member of the federal 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.

Transitional Federal Skilled Workers

Transitional Federal Skilled Worker Class

85.1 [Repealed, SOR/2019-174, s. 8]

85.2 [Repealed, SOR/2019-174, s. 8]

85.3 [Repealed, SOR/2019-174, s. 8]

85.4 [Repealed, SOR/2008-253, s. 8]

85.5 [Repealed, SOR/2008-202, s. 2]

85.6 [Repealed, SOR/2019-174, s. 8]

Quebec Skilled Worker Class

Marginal note:Class

• 86 (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.

Provincial Nominee Class

Marginal note:Class

• 87 (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.

Canadian Experience Class

Marginal note:Class

• 87.1 (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;

  • (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]

Federal Skilled Trades Class

Marginal note:Definition of skilled trade occupation

• 87.2 (1) In this section, skilled trade occupation means an occupation, other than a restricted occupation, 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) 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;

  • (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 or federal authority in the skilled trade occupation specified in the application for a permanent resident visa,

    • (ii) they are in Canada and hold a work permit that is valid on the date on which their application for a permanent resident visa 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 made by an officer under subsection 203(1) with respect to their employment with their current employer in a skilled trade occupation and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,

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

      • (C) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is 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, and

      • (D) the offer is made by up to two employers who are specified on the work permit, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii),

    • (iii) they are in Canada and hold a work permit that was issued under the circumstances described in paragraph 204(a) or (c) or in section 205 and that is valid on the date on which their application for a permanent resident visa 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) they are working for an employer specified on the work permit,

      • (B) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is 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,

      • (C) the offer is made by up to two employers who are specified on the work permit, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), and

      • (D) they have accumulated at least one year of full-time work experience, or the equivalent in part-time work, over a continuous period of work for the employers who made the offer,

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

      • (A) they have an offer of employment that is for continuous full-time work having a total duration of at least one year after the date on which a permanent resident visa is issued and that is in the skilled trade occupation specified in the application,

      • (B) the offer is made by up to two employers, none of whom is an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraph 200(3)(h)(ii) or (iii), and

      • (C) an officer has approved the offer of employment based on a valid assessment — provided to the officer by the Department of Employment and Social Development, on the same basis as an assessment 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) on the date on which their application for a permanent resident visa is made and on the date on which it is issued, they either hold a valid work permit or are authorized to work in Canada under section 186 and

      • (A) the circumstances referred to in clause (ii)(B) or (C) do not apply,

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

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

Atlantic Immigration Class

Marginal note:Class

• 87.3 (1) For the purposes of subsection 12(2) of the Act, the Atlantic immigration 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.

• Marginal note:Member of class

  (2) A foreign national is a member of the Atlantic immigration class if they

  • (a) are named in an endorsement certificate issued by the government of an Atlantic province — on or after the day on which this section comes into force — under an Atlantic immigration agreement between that province and the Minister, which must be valid on the date on which their application for a permanent resident visa is made and must not subsequently have been revoked;

  • (b) intend to reside in the Atlantic province that issued the endorsement certificate;

  • (c) meet either the work experience requirements set out in subsections (3) and (4) or the recent graduate requirements set out in subsection (5);

  • (d) have an offer of employment that meets the requirements set out in subsections (6) to (8);

  • (e) meet the educational requirements set out in subsection (9);

  • (f) 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 be less than two years old on the date on which their application for a permanent resident visa is made and 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

  • (g) have — unless they are authorized to work and already working in Canada — in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to one eighth of the amount identified, in the most recent edition of the publication concerning low-income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members.

• Marginal note:Work experience

  (3) A foreign national meets the work experience requirements if

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

  • (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:Excluded work experience

  (4) For the purposes of paragraph (3)(a),

  • (a) any period of self-employment is not included in calculating a period of work experience; and

  • (b) any period of work acquired in Canada is not included in calculating a period of work experience, unless the foreign national was authorized to work and had temporary resident status during that period.

• Marginal note:Recent graduate

  (5) A foreign national meets the recent graduate requirements if they

  • (a) obtained, as a full-time student, within the two years before the date on which their application for a permanent resident visa is made, a post-secondary educational credential issued by an institution in an Atlantic province that is set out in the document entitled Recognized Post-Secondary Institutions – Atlantic Immigration Program, published by the Minister, as amended from time to time, on the completion of a program of study that was

    • (i) of at least two years in duration,

    • (ii) not devoted primarily to the study of English or French as a second language, and

    • (iii) undertaken primarily as in-person learning;

  • (b) were physically present in the Atlantic province for at least 16 months during the two years preceding the day on which that credential was issued;

  • (c) had temporary resident status for the entire period of study working toward the credential and any work or study completed during that period was authorized; and

  • (d) were not in receipt of a scholarship or fellowship that was conditional on their return to another country at the conclusion of their studies.

• Marginal note:Offer of employment

  (6) The offer of employment must meet the following requirements:

  • (a) it must be for continuous full-time work having a duration that is

    • (i) indeterminate, in the case of an offer for employment in an occupation that is listed in Skill Level C of the National Occupational Classification matrix, or

    • (ii) of at least one year after the date on which a permanent resident visa is issued, in any other case;

  • (b) it must be for employment that the foreign national is able to perform and is likely to accept and carry out;

  • (c) it must be made by the employer named in the endorsement certificate, and that employer must not be referred to in any of subparagraphs 200(3)(h)(i) to (iii) or more than 50% owned or controlled, directly or indirectly, by the foreign national or their spouse or common-law partner;

  • (d) subject to paragraph (e) and subsection (8), it must be for employment in an occupation that is listed in the same or a higher Skill Type or Skill Level of the National Occupational Classification matrix as most of the work experience relied upon for the purpose of paragraph (3)(a); and

  • (e) in the case of a foreign national who meets the recent graduate requirements, it must be for employment in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A, B or C of the National Occupational Classification matrix.

• Marginal note:Skill Types and Levels

  (7) For the purposes of paragraph (6)(d),

  • (a) Skill Type 0 Management Occupations in the National Occupational Classification matrix is higher than Skill Level A;

  • (b) Skill Level A is higher than Skill Level B; and

  • (c) Skill Level B is higher than Skill Level C.

• Marginal note:Health care work experience exemption

  (8) A foreign national who meets the work experience requirements set out in paragraph (3)(a) based on experience in an occupation that corresponds to unit group 3012 or 3233 of the National Occupational Classification and who has an offer of employment in an occupation that corresponds to unit group 3413 or 4412 of the National Occupational Classification does not need to meet the requirement set out in paragraph (6)(d).

• Marginal note:Educational requirements

  (9) A foreign national meets the educational requirements if

  • (a) in the case of a foreign national who has an offer of employment in an occupation that is listed in Skill Type 0 Management Occupations or Skill Level A of the National Occupational Classification matrix, they hold a post-secondary Canadian educational credential from a program of study of a duration of at least one year or a foreign diploma, certificate or credential supported by an equivalency assessment — which must be less than five years old on the date on which their application is made — establishing that the foreign diploma, certificate or credential is equivalent to that Canadian educational credential; or

  • (b) in the case of a foreign national who has an offer of employment in an occupation that is listed in Skill Level B or C of the National Occupational Classification matrix, they hold a Canadian educational credential or a foreign diploma, certificate or credential supported by an equivalency assessment, which must be less than five years old on the date on which their application is made.

DIVISION 2Business Immigrants

Interpretation

Marginal note:Definitions

• 88 (1) The definitions in this subsection apply in this Division.

  agent

  agent[Repealed, SOR/2016-316, s. 4]

  allocation period

  allocation period[Repealed, SOR/2016-316, s. 4]

  approved fund

  approved fund[Repealed, SOR/2016-316, s. 4]

  business experience

  business experience[Repealed, SOR/2016-316, s. 4]

  debt obligation

  debt obligation[Repealed, SOR/2016-316, s. 4]

  entrepreneur

  entrepreneur[Repealed, SOR/2016-316, s. 4]

  entrepreneur selected by a province

  entrepreneur selected by a province[Repealed, SOR/2016-316, s. 4]

  former Regulations

  former Regulations has the same meaning as in subsection 316(1). (ancient règlement)

  full-time job equivalent

  full-time job equivalent[Repealed, SOR/2016-316, s. 4]

  fund

  fund[Repealed, SOR/2016-316, s. 4]

  investment

  investment[Repealed, SOR/2016-316, s. 4]

  investor

  investor[Repealed, SOR/2016-316, s. 4]

  investor selected by a province

  investor selected by a province[Repealed, SOR/2016-316, s. 4]

  language skill area

  language skill area means speaking, oral comprehension, reading or writing. (habileté langagière)

  minimum net worth

  minimum net worth[Repealed, SOR/2016-316, s. 4]

  net assets

  net assets[Repealed, SOR/2016-316, s. 4]

  net income

  net income[Repealed, SOR/2016-316, s. 4]

  net worth

  net worth[Repealed, SOR/2016-316, s. 4]

  percentage of equity

  percentage of equity[Repealed, SOR/2016-316, s. 4]

  provincial allocation

  provincial allocation[Repealed, SOR/2016-316, s. 4]

  qualifying business

  qualifying business[Repealed, SOR/2016-316, s. 4]

  qualifying Canadian business

  qualifying Canadian business[Repealed, SOR/2016-316, s. 4]

  relevant experience

  relevant experience, in respect of

  • (a) a self-employed person, other than a self-employed person selected by a province, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of

    • (i) in respect of cultural activities,

      • (A) two one-year periods of experience in self-employment in cultural activities,

      • (B) two one-year periods of experience in participation at a world class level in cultural activities, or

      • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),

    • (ii) in respect of athletics,

      • (A) two one-year periods of experience in self-employment in athletics,

      • (B) two one-year periods of experience in participation at a world class level in athletics, or

      • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and

    • (iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm; and

  • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (expérience utile)

  self-employed person

  self-employed person means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. (travailleur autonome)

  self-employed person selected by a province

  self-employed person selected by a province[Repealed, SOR/2016-316, s. 4]

  specified economic activities

  specified economic activities, in respect of

  • (a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and

  • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (activités économiques déterminées)

• (2) and (3) [Repealed, SOR/2016-316, s. 4]

General

Marginal note:Artificial transactions

89 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for the purpose of acquiring a status or privilege under the Act rather than

• (a) in the case of an applicant in the self-employed class, for the purpose of self-employment; and

• (b) in the case of an applicant in the start-up business class, for the purpose of engaging in the business activity for which a commitment referred to in paragraph 98.01(2)(a) was intended.

Marginal note:Permanent resident status

89.1 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons 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.

Quebec Investor Class

Marginal note:Class

• 90 (1) For the purposes of subsection 12(2) of the Act, the Quebec investor 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.

• Marginal note:Member of class

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

  • (a) intend to reside in Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued by Quebec.

91 [Repealed, SOR/2016-316, s. 5]

92 [Repealed, SOR/2016-316, s. 5]

93 [Repealed, SOR/2016-316, s. 5]

94 [Repealed, SOR/2016-316, s. 5]

95 [Repealed, SOR/2016-316, s. 5]

96 [Repealed, SOR/2016-316, s. 5]

Quebec Entrepreneur Class

Marginal note:Class

• 97 (1) For the purposes of subsection 12(2) of the Act, the Quebec entrepreneur 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.

• Marginal note:Member of class

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

  • (a) intend to reside in Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued by Quebec.

98 [Repealed, SOR/2016-316, s. 6]

Start-up Business Class

Marginal note:Class

• 98.01 (1) For the purposes of subsection 12(2) of the Act, the start-up business 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, who meet the requirements of subsection (2) and who intend to reside in a province other than Quebec.

• Marginal note:Member of class

  (2) A foreign national is a member of the start-up business class if

  • (a) they have obtained a commitment that is made by one or more entities designated under subsection 98.03(1), that is less than six months old on the date on which their application for a permanent resident visa is made and that meets the requirements of section 98.04;

  • (b) they have submitted the results of a language test that is approved under subsection 102.3(4), which results must be provided by an organization or institution that is designated under that subsection, be less than two years old on the date on which their application for a permanent resident visa is made and indicate that the foreign national has met at least benchmark level 5 in either official language for all four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as applicable;

  • (c) they have, excluding any investment made by a designated entity into their business, transferable and available funds unencumbered by debts or other obligations of an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more, as the minimum amount of before-tax annual income that is necessary to support a group of persons equal in number to the total number of the applicant and their family members; and

  • (d) they have started a qualifying business within the meaning of section 98.06.

• Marginal note:Size

  (3) No more than five applicants are to be considered members of the start-up business class in respect of the same business.

Marginal note:Agreements with organizations

• 98.02 (1) The Minister may enter into an agreement with an organization to provide for any matter related to the start-up business class, including

  • (a) the making of recommendations and the provision of advice to the Minister on the designation of an entity and on the revocation of those designations;

  • (b) the establishment of criteria, standards of conduct and best practices for the making of commitments or the performance of other activities related to the start-up business class by an entity;

  • (c) the making of recommendations and the provision of advice to the Minister on the operation of these Regulations with respect to the start-up business class;

  • (d) the establishment of peer review panels referred to in section 98.09; and

  • (e) the submission of reports to the Minister on the activities of designated entities.

• Marginal note:Requirements

  (2) In order to exercise the functions referred to in paragraphs (1)(a), (b), (d) and (e), the organization must have expertise in relation to the type of entity in question, namely,

  • (a) business incubators;

  • (b) angel investor groups; or

  • (c) venture capital funds.

• Marginal note:Conditions

  (3) An organization may exercise the functions referred to in subsection (1) only when the following conditions apply:

  • (a) the organization is in compliance with the agreement and the agreement remains in force;

  • (b) subject to subsections 98.12(2) and 98.13(4), the organization complies with requirements imposed under subsection 98.12(1) and paragraphs 98.13(2)(b), (c), and (f) and requests made under subsection 98.13(3);

  • (c) the organization is in compliance with these Regulations; and

  • (d) the organization has expertise in relation to at least one of the entity types referred to in paragraphs (2)(a) to (c).

Marginal note:Designation

• 98.03 (1) The Minister must designate the entities referred to in subsection 98.01(2) according to the following categories:

  • (a) business incubators;

  • (b) angel investor groups; and

  • (c) venture capital funds.

• Marginal note:Requirements

  (2) The Minister may only designate an entity if

  • (a) it is recognized for its expertise in assessing the potential for and assisting in the success of start-up business opportunities in Canada; and

  • (b) it has the ability to assess the potential for and assist in the success of start-up business opportunities in Canada.

• Marginal note:Conditions

  (3) A designated entity must respect the following conditions:

  • (a) it must continue to meet the requirements of subsection (2);

  • (b) it must enter only into commitments that respect these Regulations;

  • (c) it must provide the Minister upon request with information on its activities related to the start-up business class, including information on foreign nationals with whom it has made commitments and the businesses referred to in those commitments;

  • (d) it must, subject to subsections 98.12(2) and 98.13(4), comply with requirements imposed under subsection 98.12(1) and paragraphs 98.13(2)(b), (c) and (f) and requests made under subsection 98.13(3);

  • (e) it must comply with the terms of its commitments and with these Regulations; and

  • (f) it must comply with any federal or provincial law or regulation relevant to the service it provides.

• Marginal note:Suspension

  (4) If there is reason to suspect that an entity does not meet the conditions or has submitted false, misleading or inaccurate information to the Minister, the Minister may

  • (a) suspend the entity’s ability to make commitments; and

  • (b) refuse to consider applications associated with commitments made by that entity.

• Marginal note:Duration

  (5) An action taken under subsection (4) comes into force on the day on which the Minister issues a notice of the action to the entity and remains in effect until the earlier of the day on which the situation is resolved and the day that is nine months after the day on which the notice is issued.

• Marginal note:Revocation

  (6) If there are reasonable grounds to believe that an entity does not meet the conditions set out in subsection (3) or has submitted false, misleading or inaccurate information to the Minister, the Minister may revoke the entity’s designation.

• Marginal note:Public notice
  

  (7) The Minister must publish on the Department’s website a list of all entities that are designated and those that are suspended under subsection (4).

Marginal note:Form of commitment

• 98.04 (1) A commitment must be in a written or electronic form that is acceptable to the Minister and must be provided by a person who has the authority to bind the designated entity.

• Marginal note:No fee for commitment

  (2) A commitment does not respect these Regulations if the entity that made it charges a fee to review and assess the business proposal or to assess the business.

• Marginal note:Multiple applicants

  (3) If there is more than one applicant in respect of a commitment, the commitment must

  • (a) include information on each applicant; and

  • (b) identify those applicants that the entity making the commitment considers essential to the business.

• Marginal note:Conditional commitment

  (4) If there is more than one applicant in respect of a commitment, the commitment may be conditional on the issuance of a permanent resident visa to one or more of those applicants.

Marginal note:Minimum investment

• 98.05 (1) The Minister must establish the minimum total amount that the designated entities involved in the commitment must invest by buying shares or other forms of equity in the applicant’s business.

• Marginal note:Types of entities

  (2) The Minister may establish different minimum investment amounts based on whether the commitment was made by a business incubator, an angel investor group or a venture capital fund and, for commitments involving more than one type of entity, may specify different minimum investment amounts for commitments involving different combinations of entity types.

• Marginal note:Factors

  (3) The Minister must establish the minimum investment amount on the basis of the following factors:

  • (a) the number or projected number of start-up business class applicants and designated entities;

  • (b) the proportion per year of start-up business class applications approved, withdrawn or refused, as well as the grounds for refusal;

  • (c) the amount of investment received per year by start-up business class applicants from designated entities as part of a commitment;

  • (d) the number, type and industry sector of businesses started in Canada by approved start-up business class applicants per year and the average investment needs of start-up businesses of those types in those industry sectors;

  • (e) the average amount of investment and number of investments made in start-up companies in Canada per year;

  • (f) the level of investment usually required for a business started in Canada by a member of the start-up business class to be successful and for the member of the class to become economically established in Canada; and

  • (g) industry standards and best practices, as determined in consultation with organizations referred to in section 98.02, designated entities or other relevant stakeholders.

• Marginal note:Public notice

  (4) The Minister must publish the amounts established under subsection (1) on the Department’s website.

Marginal note:Qualifying business

• 98.06 (1) For the purposes of paragraph 98.01(2)(d), a qualifying business with respect to an applicant is one

  • (a) in which the applicant provides active and ongoing management from within Canada;

  • (b) for which an essential part of its operations is conducted in Canada;

  • (c) that is incorporated in Canada; and

  • (d) that has an ownership structure that complies with the percentages established under subsection (3).

• Marginal note:Exception — intention

  (2) A business that fails to meet one or more of the requirements of paragraphs (1)(a) to (c) is nevertheless a qualifying business if the applicant intends to have it meet those requirements after they have been issued a permanent resident visa.

• Marginal note:Ownership structure

  (3) The Minister must establish

  • (a) the minimum percentage of voting rights that are attached to all the outstanding shares of the corporation that must be held by the applicant; and

  • (b) the maximum percentage of the total amount of the voting rights attached to all the outstanding shares of the corporation that may be held by persons or entities, other than qualified participants.

• Marginal note:Qualified participant

  (4) For the purpose of paragraph (3)(b), a qualified participant is

  • (a) an applicant in respect of the business;

  • (b) a foreign national who has been issued a permanent resident visa as a member of the start-up business class in respect of the business; or

  • (c) a designated entity.

• Marginal note:Factors

  (5) The Minister must establish the percentages referred to in subsection (3) on the basis of the following factors:

  • (a) the number or projected number of start-up business class applicants and designated entities;

  • (b) the proportion per year of start-up business class applications approved, withdrawn or refused, as well as the grounds for refusal;

  • (c) the average size of businesses for which commitments are made and the average percentage of voting rights held by applicants and designated entities;

  • (d) the average size of start-up companies in Canada and the average percentage of voting rights held by the founders of those companies and other investors in those companies;

  • (e) the number, type and industry sector of businesses successfully started in Canada by approved start-up business class applicants per year and the most common ownership structures for businesses of those types in those industry sectors;

  • (f) the ownership share usually required for a business started in Canada by a member of the start-up business class to be successful and for the member of the class to become economically established in Canada; and

  • (g) industry standards and best practices, as determined in consultation with organizations referred to in section 98.02, designated entities or other relevant stakeholders.

• Marginal note:Public notice

  (6) The Minister must publish the percentages established under subsection (3) on the Department’s website.

Marginal note:Documentation

• 98.07 (1) An applicant must provide documentation to establish that they are a member of the start-up business class, including

  • (a) written or electronic evidence, provided by an entity that was designated on the day on which the application is made, that indicates that the entity made a commitment with the applicant;

  • (b) the results of a language proficiency evaluation referred to in paragraph 98.01(2)(b); and

  • (c) written or electronic evidence that they have the funds required under paragraph 98.01(2)(c).

• Marginal note:Production of other documents

  (2) In evaluating an application in the start-up business class, an officer may, in addition to these documents, require the production of documents that are in the possession or control of the applicant or of the entity making the commitment and that relate to the applicant, the commitment or the business.

Marginal note:Assessment of commitment

• 98.08 (1) If the officer is not satisfied that the entity assessed the applicant and the applicant’s business in a manner consistent with industry standards or is not satisfied that the terms of the commitment are consistent with industry standards, the officer may refuse to issue the permanent resident visa.

• Marginal note:Multiple applicants

  (2) If there is more than one applicant in respect of the same business and one of the applicants who was identified in the commitment as being essential to the business is refused a permanent resident visa for any reason or withdraws their application, the other applicants must be considered not to have met the requirements of subsection 98.01(2) and their permanent resident visa must also be refused.

Marginal note:Peer review

• 98.09 (1) An officer may request that a commitment, the applicants and designated entities party to the commitment and the qualifying business to which the commitment relates be independently assessed by a peer review panel established under an agreement referred to in section 98.02 by an organization that has expertise with respect to the type of entity making the commitment.

• Marginal note:Grounds for request

  (2) The request may be made if the officer is of the opinion that an independent assessment would assist in the application process. The request may also be made on a random basis.

• Marginal note:Independent assessment

  (3) The peer review panel’s assessment must be independent and take industry standards into account.

• Marginal note:Assessment not binding

  (4) An officer who requests an independent assessment is not bound by it.

Marginal note:Substituted evaluation

• 98.10 (1) An officer may substitute their evaluation of the applicant’s ability to become economically established in Canada for the requirements set out in subsection 98.01(2), if meeting or failing to meet those requirements is not a sufficient indicator of whether the applicant will become economically established in Canada.

• Marginal note:Exception

  (2) However, a substitute evaluation must not be conducted for an applicant who did not have a commitment from a designated entity on the day on which they made their application.

• Marginal note:Concurrence

  (3) A substitute evaluation made under subsection (1) requires the written concurrence of a second officer.

Marginal note:Inspections — organization

• 98.11 (1) An officer may inspect any organization that has entered into an agreement referred to in subsection 98.02(1) in any of the following circumstances:

  • (a) the officer has a reason to suspect that the organization is not complying or has not complied with any of the conditions set out in subsection 98.02(3);

  • (b) the organization has not complied with those conditions in the past;

  • (c) the organization is chosen as part of a random verification of compliance with those conditions; and

  • (d) as part of routine monitoring activities, the organization is monitored to ensure that it respects those conditions.

• Marginal note:Inspections — designated entity

  (2) An officer may inspect an entity designated under subsection 98.03(1) in any of the following circumstances:

  • (a) the officer has a reason to suspect that the entity is not complying or has not complied with any of the conditions set out in subsection 98.03(3);

  • (b) the entity has not complied with those conditions in the past;

  • (c) the entity is chosen as part of a random verification of compliance with those conditions; and

  • (d) as part of routine monitoring activities, the entity is monitored to ensure that it respects those conditions.

• Marginal note:Other inspection

  (3) In addition, the powers set out in sections 98.12 and 98.13 may be exercised with respect to

  • (a) a designated entity, if an officer is inspecting an organization in accordance with subsection (1) and an inspection of the designated entity is necessary to verify that the organization is in compliance with the conditions set out in subsection 98.02(3); or

  • (b) an organization that has entered into an agreement referred to in subsection 98.02(1), if an officer is inspecting a designated entity in accordance with subsection (2) and an inspection of the organization is necessary to verify that the designated entity is in compliance with the conditions set out in subsection 98.03(3).

• Marginal note:Inspections — business

  (4) The powers set out in sections 98.12 and 98.13 may be exercised with respect to a business that is the subject of a commitment by a designated entity with respect to the start-up business class if an officer is inspecting that designated entity in accordance with subsection (2) and an inspection of the business is necessary to verify that the designated entity is in compliance with the conditions set out in subsection 98.03(3).

• Marginal note:Inspections — third party

  (5) The powers set out in section 98.12 may be exercised with respect to a third party if an officer is inspecting an organization in accordance with subsection (1) or a designated entity in accordance with subsection (2) and an inspection of the third party is necessary to verify that that organization or that designated entity is in compliance with the conditions set out in subsection 98.02(3) or 98.03(3), as the case may be.

Marginal note:Answering questions and providing documents

• 98.12 (1) When conducting an inspection in accordance with section 98.11, an officer may, for the purpose of verifying that the organization or designated entity is in compliance with the relevant conditions,

  • (a) require the organization, the designated entity, a business that is the subject of a commitment or a third party to provide the officer with any relevant document; and

  • (b)  require any employee or representative of the organization, designated entity, or a business that is the subject of a commitment or a third party to report at any specified time and place to answer questions and provide relevant documents.

• Marginal note:Justification

  (2) A failure to comply with an obligation under paragraph (1)(a) or (b) is justified if the person, organization, entity or business made all reasonable efforts to comply with the obligation or if the failure results from anything done or omitted to be done by them in good faith.

Marginal note:Entry to verify compliance

• 98.13 (1) Subject to subsection (7), when conducting an inspection in accordance with section 98.11, an officer may, for the purpose of verifying that the organization or designated entity is in compliance with the relevant conditions, enter and inspect any premises or place in which business is conducted by the organization, the designated entity or a business that is the subject of a commitment.

• Marginal note:Powers in place or on premises

  (2) When on the premises or in the place the officer may

  • (a) ask any relevant questions of an employee or representative of the organization, designated entity or business that is the subject of a commitment;

  • (b) require from the organization, the designated entity or the business that is the subject of a commitment any relevant documents found in the premises or the place for examination;

  • (c) use copying equipment, or require that the organization, the designated entity or the business that is the subject of a commitment provide copies of those documents to be examined away from the premises or the place or, if it is not possible to make copies in the premises or the place, remove the relevant documents to make copies;

  • (d) take photographs and make video or audio recordings;

  • (e) examine anything in the premises or the place;

  • (f) require the organization, the designated entity or the business that is the subject of a commitment to use any computer or other electronic device in the premises or the place to allow the officer to examine any relevant document contained in or available to it; and

  • (g) be accompanied or assisted in the premises or the place by any person required by the officer.

• Marginal note:Obligation

  (3) An organization, entity, or a business that is the subject of a commitment, must, on request, provide an employee or representative to attend any inspection referred to in subsection (1), to give all reasonable assistance to the officer conducting that inspection and to provide that officer with any document or information that the officer requires.

• Marginal note:Justification

  (4) A failure to comply with an obligation under paragraph (2)(b), (c) or (f) or subsection (3) is justified if the organization, entity, or a business that is the subject of a commitment made all reasonable efforts to comply with the obligation or if the failure results from anything done or omitted to be done by them in good faith.

• Marginal note:Entering private property

  (5) An officer and any person accompanying the officer may enter on and pass through private property, other than a dwelling-house, to gain entry to the premises or the place. For greater certainty, they are not liable for doing so.

• Marginal note:Person accompanying officer

  (6) A person may, at an officer’s request, accompany the officer to assist them to access the premises or the place.

• Marginal note:Dwelling-house

  (7) In the case of a dwelling-house, an officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (8).

• Marginal note:Issuance of warrant

  (8) On ex parte application, a justice of the peace may issue a warrant authorizing an officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

  • (a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);

  • (b) entry into the dwelling-house is necessary to verify compliance with the conditions set out in subsection 98.02(3) or 98.03(3), as the case may be; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

99 [Repealed, SOR/2016-316, s. 6]

Self-employed Persons

Self-employed Persons Class

Marginal note:Members of the class

• 100 (1) For the purposes of subsection 12(2) of the Act, the self-employed persons 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 and who are self-employed persons within the meaning of subsection 88(1).

• Marginal note:Minimal requirements

  (2) If a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Quebec Self-employed Persons Class

Marginal note:Class

• 101 (1) For the purposes of subsection 12(2) of the Act, the Quebec self-employed persons 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.

• Marginal note:Member of class

  (2) A foreign national is a member of the Quebec self-employed persons class if they

  • (a) intend to reside in Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued by Quebec.

Selection Criteria

General

Marginal note:Criteria

• 102 (1) For the purpose of determining whether a foreign national, as a member of the self-employed persons class, and their family members will be able to become economically established in Canada, an officer shall assess the foreign national on the basis of the following factors:

  • (a) age, in accordance with section 102.1;

  • (b) education, in accordance with section 102.2;

  • (c) proficiency in the official languages of Canada, in accordance with section 102.3;

  • (d) experience, in accordance with section 103; and

  • (e) adaptability, in accordance with section 105.

• Marginal note:Units of assessment

  (2) A foreign national who is assessed on the basis of the factors set out in paragraphs (1)(a) to (e) shall be awarded the applicable number of assessment points for each factor set out in the provision referred to in each of those paragraphs, subject to the maximum number set out in that provision for that factor.

Marginal note:Age (10 points)

102.1 Points shall be awarded, up to a maximum of 10, for a foreign national’s age on the date on which their application is made, as follows:

• (a) 10 points for a foreign national 21 years of age or older but less than 50 years of age;

• (b) 8 points for a foreign national 20 or 50 years of age;

• (c) 6 points for a foreign national 19 or 51 years of age;

• (d) 4 points for a foreign national 18 or 52 years of age;

• (e) 2 points for a foreign national 17 or 53 years of age; and

• (f) 0 points, for a foreign national under 17 years of age or 54 years of age or older.

Marginal note:Definitions

• 102.2 (1) The following definitions apply in this section.

  full-time

  full-time means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. (temps plein)

  full-time equivalent

  full-time equivalent means, in respect of part-time or accelerated studies, the number of years that would have been required to complete the equivalent of those studies on a full-time basis. (équivalent temps plein)

• Marginal note:Education (25 points)

  (2) Points shall be awarded, to a maximum of 25, for a foreign national’s education as follows:

  • (a) 5 points for a secondary school educational credential;

  • (b) 12 points for a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full-time or full-time equivalent studies;

  • (c) 15 points for

    • (i) a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 13 years of completed full-time or full-time equivalent studies, or

    • (ii) a one-year university educational credential at the bachelor’s level and a total of at least 13 years of completed full-time or full-time equivalent studies;

  • (d) 20 points for

    • (i) a two-year post-secondary educational credential, other than a university educational credential, and a total of at least 14 years of completed full-time or full-time equivalent studies, or

    • (ii) a two-year university educational credential at the bachelor’s level and a total of at least 14 years of completed full-time or full-time equivalent studies;

  • (e) 22 points for

    • (i) a three-year post-secondary educational credential, other than a university educational credential, and a total of at least 15 years of completed full-time or full-time equivalent studies, or

    • (ii) two or more university educational credentials at the bachelor’s level and a total of at least 15 years of completed full-time or full-time equivalent studies; and

  • (f) 25 points for a university educational credential at the master’s or doctoral level and a total of at least 17 years of completed full-time or full-time equivalent studies.

• Marginal note:More than one educational credential

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

  • (a) shall not be awarded cumulatively on the basis of more than one educational credential; and

  • (b) shall be awarded

    • (i) for the purposes of paragraphs (2)(a) to (d), subparagraph (2)(e)(i) and paragraph (2)(f), on the basis of the educational credential that results in the highest number of points, and

    • (ii) for the purposes of subparagraph (2)(e)(ii), on the basis of the combined educational credentials referred to in that paragraph.

• Marginal note:Special circumstances

  (4) For the purposes of subsection (2), if a foreign national has an educational credential referred to in any of paragraphs (2)(b) to (f), but not the total number of years of full-time or full-time equivalent studies required, the foreign national shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph.

Marginal note:Official languages

• 102.3 (1) A foreign national must specify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada.They must have their proficiency in that language evaluated by an organization or institution designated under subsection (4).

• Marginal note:Proficiency in second language

  (2) If the foreign national wishes to claim points for proficiency in their second official language they must, with the application for a permanent resident visa, submit the results of an evaluation — which must be less than two years old on the date on which their application is made — of their proficiency by an organization or institution designated under subsection (4).

• Marginal note:Proficiency in English and French (24 points)

  (3) Points for proficiency in the official languages of Canada shall be awarded up to a maximum of 24 points based on the benchmarks referred to in the Canadian Language Benchmarks and the Niveaux de compétence linguistique canadiens, as follows:

  • (a) for high proficiency

    • (i) in the first official language, 4 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 8 or higher, and

    • (ii) in the second official language, 2 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 8 or higher;

  • (b) for moderate proficiency

    • (i) in the first official language, 2 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 6 or 7, and

    • (ii) in the second official language, 2 points for each language skill area if the foreign national’s proficiency corresponds to a benchmark of 6 or 7;

  • (c) for basic proficiency in either official language, 1 point for each language skill area, up to a maximum of 2 points, if the foreign national’s proficiency corresponds to a benchmark of 4 or 5; and

  • (d) for no proficiency in either official language, 0 points if the foreign national’s proficiency corresponds to a benchmark of 3 or lower.

• Marginal note:Evaluation of language proficiency

  (4) 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

  • (a) has expertise in evaluating language proficiency; and

  • (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:Public notice

  (5) The Minister must make available to the public the names of the designated organizations or institutions and the approved language tests.

• Marginal note:Definition service agreement

  (6) For the purposes 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 evaluating the language proficiency of foreign nationals.

• Marginal note:Revocation of designation

  (7) The Minister may revoke a designation of an organization or institution or the approval of a language test 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 a federal or provincial law or regulation that is 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) 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 for the purposes of subsection (1) and of paragraph 98.01(2)(b).

Experience

• 103 (1) and (2) [Repealed, SOR/2016-316, s. 9]

• Self-employed person

  (3) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five years before the date of their application for a permanent resident visa and ending on the day a determination is made in respect of the application as follows:

  • (a) 20 points for

    • (i) two one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience,

    • (ii) two one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or a combination of two one-year periods of such experience, or

    • (iii) two one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

  • (b) 25 points for

    • (i) three one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience,

    • (ii) three one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of three one-year periods of such experience, or

    • (iii) three one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1);

  • (c) 30 points for

    • (i) four one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience,

    • (ii) four one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of four one-year periods of such experience, or

    • (iii) four one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1); and

  • (d) 35 points for

    • (i) five one-year periods of experience described in clause (a)(i)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience,

    • (ii) five one-year periods of experience described in clause (a)(ii)(A) or (B) of the definition relevant experience in subsection 88(1) or any combination of five one-year periods of such experience, or

    • (iii) five one-year periods of experience described in subparagraph (a)(iii) of the definition relevant experience in subsection 88(1).

Adaptability

104 [Repealed, SOR/2016-316, s. 10]

Marginal note:Self-employed person

• 105 (1) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements:

  • (a) for the educational credentials of the member’s accompanying spouse or common-law partner, 3, 4 or 5 points determined in accordance with subsection (2);

  • (b) for any previous period of study in Canada by the member or their spouse or common-law partner, 5 points;

  • (c) for any previous period of work in Canada by the member or their spouse or common-law partner, 5 points; and

  • (d) for being related to, or for having an accompanying spouse or accompanying common-law partner who is related to, a person living in Canada who is described in subsection (5), 5 points.

• Marginal note:Educational credentials of spouse or common-law partner

  (2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of the accompanying spouse or accompanying common-law partner of the member of the self-employed persons class as if the spouse or common-law partner were the member, and shall award points to the member as follows:

  • (a) for a spouse or common-law partner who would be awarded 25 points, 5 points;

  • (b) for a spouse or common-law partner who would be awarded 20 or 22 points, 4 points; and

  • (c) for a spouse or common-law partner who would be awarded 12 or 15 points, 3 points.

• Marginal note:Previous study in Canada

  (3) For the purposes of paragraph (1)(b), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner, on or after their 17th birthday, completed a program of full-time study of at least two years’ duration at a post-secondary institution in Canada under a study permit, whether or not they obtained an educational credential for completing that program.

• Marginal note:Previous work in Canada

  (4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded 5 points if the member or their accompanying spouse or accompanying common-law partner engaged in at least one year of full-time work in Canada under a work permit.

• Marginal note:Family relationships in Canada

  (5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded 5 points if

  • (a) the member or their accompanying spouse or accompanying common-law partner is related by blood, marriage, common-law partnership or adoption to a person who is a Canadian citizen or permanent resident living in Canada and who is

    • (i) their father or mother,

    • (ii) the father or mother of their father or mother,

    • (iii) their child,

    • (iv) a child of their child,

    • (v) a child of their father or mother,

    • (vi) a child of the father or mother of their father or mother, other than their father or mother, or

    • (vii) a child of the child of their father or mother; or

  • (b) the member has a spouse or common-law partner who is not accompanying them and is a Canadian citizen or permanent resident living in Canada.

Requirements

106 [Repealed, SOR/2008-202, s. 6]

107 [Repealed, SOR/2018-72, s. 5]

Selection

Marginal note:Application for visa

• 108 (1) Subject to subsection (5), if a foreign national makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class for a permanent resident visa, an officer may only issue the visa to the foreign national and their accompanying family members if they meet the requirements of subsection 70(1) and, if applicable,

  • (a) in the case of a foreign national who has made an application under the self-employed persons class and their accompanying family members, who intend to reside in a place in Canada other than a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (4); and

  • (b) in the case of a foreign national and their accompanying family members, who intend to reside in a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province.

• (2) and (3) [Repealed, SOR/2016-316, s. 12]

• Marginal note:Minimum points — self-employed persons

  (4) The Minister shall fix and make available to the public the minimum number of points required of a self-employed person, on the basis of

  • (a) the number of applications by members of the self-employed persons class currently being processed;

  • (b) the number of self-employed persons 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 economic and other relevant factors, for the establishment of self-employed persons in Canada.

• Marginal note:Federal-provincial agreement

  (5) A permanent resident visa shall not be issued to a foreign national as a member of the Quebec investor class, or to their accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.

Marginal note:Substitution of evaluation

• 109 (1) Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their evaluation of the likelihood of the foreign national’s ability to become economically established in Canada if the number of points awarded is not a sufficient indicator of whether the foreign national may become economically established in Canada.

• Marginal note:Concurrence

  (2) An evaluation made under subsection (1) requires the concurrence of a second officer.

109.1 [Repealed, SOR/2016-316, s. 13]

109.2 [Repealed, SOR/2016-316, s. 13]

109.3 [Repealed, SOR/2016-316, s. 13]

109.4 [Repealed, SOR/2008-202, s. 7]

109.5 [Repealed, SOR/2016-316, s. 13]

110 [Repealed, SOR/2017-78, s. 6]

111 [Repealed, SOR/2017-78, s. 6]

112 [Repealed, SOR/2017-78, s. 6]

113 [Repealed, SOR/2017-78, s. 6]

114 [Repealed, SOR/2017-78, s. 6]

114.1 [Repealed, SOR/2017-78, s. 6]

115 [Repealed, SOR/2017-78, s. 6]

PART 7Family Classes

DIVISION 1Family Class

Marginal note:Family class

116 For the purposes of subsection 12(1) of the Act, the family class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

• 117 (1) A foreign national is a member of the family class if, with respect to a sponsor, the foreign national is

  • (a) the sponsor’s spouse, common-law partner or conjugal partner;

  • (b) a dependent child of the sponsor;

  • (c) the sponsor’s mother or father;

  • (d) the mother or father of the sponsor’s mother or father;

  • (e) [Repealed, SOR/2005-61, s. 3]

  • (f) a person whose parents are deceased, who is under 18 years of age, who is not a spouse or common-law partner and who is

    • (i) a child of the sponsor’s mother or father,

    • (ii) a child of a child of the sponsor’s mother or father, or

    • (iii) a child of the sponsor’s child;

  • (g) a person under 18 years of age whom the sponsor intends to adopt in Canada if

    • (i) the adoption is not being entered into primarily for the purpose of acquiring any status or privilege under the Act,

    • (ii) where the adoption is an international adoption, the country in which the person resides is a party to the Hague Convention on Adoption and the Convention applies to their province of intended destination, the competent authority of the country and of the province have approved the adoption in writing as conforming to that Convention, and

    • (iii) where the adoption is an international adoption and the country in which the person resides is not a party to the Hague Convention on Adoption or the Convention does not apply to the person’s province of intended destination

      • (A) the person has been placed for adoption in the country in which they reside or is otherwise legally available in that country for adoption and there is no evidence that the intended adoption is for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and

      • (B) the competent authority of the person’s province of intended destination has stated in writing that it does not object to the adoption; or

  • (h) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse, a common-law partner, a conjugal partner, a child, a mother or father, a relative who is a child of that mother or father, a relative who is a child of a child of that mother or father, a mother or father of that mother or father or a relative who is a child of the mother or father of that mother or father

    • (i) who is a Canadian citizen, Indian or permanent resident, or

    • (ii) whose application to enter and remain in Canada as a permanent resident the sponsor may otherwise sponsor.

• Marginal note:Adoption — under 18

  (2) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was under the age of 18 shall not be considered a member of the family class by virtue of the adoption unless

  • (a) the adoption was in the best interests of the child within the meaning of the Hague Convention on Adoption; and

  • (b) the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.

• Marginal note:Best interests of the child

  (3) The adoption referred to in subsection (2) is considered to be in the best interests of a child if it took place under the following circumstances:

  • (a) a competent authority has conducted or approved a home study of the adoptive parents;

  • (b) before the adoption, the child’s parents gave their free and informed consent to the child’s adoption;

  • (c) the adoption created a genuine parent-child relationship;

  • (d) the adoption was in accordance with the laws of the place where the adoption took place;

  • (e) the adoption was in accordance with the laws of the sponsor’s place of residence and, if the sponsor resided in Canada at the time the adoption took place, the competent authority of the child’s province of intended destination has stated in writing that it does not object to the adoption;

  • (f) if the adoption is an international adoption, the country in which the adoption took place is a party to the Hague Convention on Adoption and the Convention applies to the child’s province of intended destination, the competent authority of the country and of the province have stated in writing that they approve the adoption as conforming to that Convention; and

  • (g) if the adoption is an international adoption and the country in which the adoption took place is not a party to the Hague Convention on Adoption or the Convention does not apply to the child’s province of intended destination, there is no evidence that the adoption is for the purpose of child trafficking or undue gain within the meaning of that Convention.

• Marginal note:Adoption — over 18

  (4) A foreign national who is the adopted child of a sponsor and whose adoption took place when the child was 18 years of age or older shall not be considered a member of the family class by virtue of that adoption unless it took place under the following circumstances:

  • (a) the adoption was in accordance with the laws of the place where the adoption took place and, if the sponsor resided in Canada at the time of the adoption, the adoption was in accordance with the laws of the province where the sponsor then resided, if any, that applied in respect of the adoption of a child 18 years of age or older;

  • (b) a genuine parent-child relationship existed at the time of the adoption and existed before the child reached the age of 18; and

  • (c) the adoption was not entered into primarily for the purpose of acquiring any status or privilege under the Act.

• (5) and (6) [Repealed, SOR/2005-61, s. 3]

• Marginal note:Provincial statement

  (7) If a statement referred to in clause (1)(g)(iii)(B) or paragraph (3)(e) or (f) has been provided to an officer by the competent authority of the foreign national’s province of intended destination, that statement is, except in the case of an adoption that was entered into primarily for the purpose of acquiring any status or privilege under the Act, conclusive evidence that the foreign national meets the following applicable requirements:

  • (a) [Repealed, SOR/2005-61, s. 3]

  • (b) in the case of a person referred to in paragraph (1)(g), the requirements set out in clause (1)(g)(iii)(A); and

  • (c) in the case of a person referred to in paragraph (1)(b) who is an adopted child described in subsection (2), the requirements set out in paragraphs (3)(a) to (e) and (g).

• Marginal note:New evidence

  (8) If, after the statement is provided to the officer, the officer receives evidence that the foreign national does not meet the applicable requirements set out in paragraph (7)(b) or (c) for becoming a member of the family class, the processing of their application shall be suspended until the officer provides that evidence to the competent authority of the province and that authority confirms or revises its statement.

• Marginal note:Excluded relationships

  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

  • (a) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner and is under 18 years of age;

  • (b) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

  • (c) the foreign national is the sponsor’s spouse and

    • (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or

    • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

      • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

      • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or

  • (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;

  • (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

• Marginal note:Exception

  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

• Marginal note:Application of par. (9)(d)

  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,

  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

• Definition of former Act

  (12) In subsection (10), former Act has the same meaning as in section 187 of the Act.

Marginal note:Medical condition

118 A foreign national who is an adopted dependent child or is a person referred to in paragraph 117(1)(f) or (g) shall not be issued a permanent resident visa as a member of the family class unless the sponsor has provided a statement in writing confirming that they have obtained information about the medical condition of the child or of the foreign national.

Marginal note:Withdrawal of sponsorship application

119 A decision shall not be made on an application for a permanent resident visa by a member of the family class if the sponsor withdraws their sponsorship application in respect of that member.

Marginal note:Approved sponsorship application

120 For the purposes of Part 5,

• (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class or to their accompanying family members unless a sponsorship undertaking in respect of the foreign national and those family members is in effect; and

• (b) a foreign national who makes an application as a member of the family class and their accompanying family members shall not become permanent residents unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirements

121 Subject to subsection 25.1(1), a person who is a member of the family class or a family member of a member of the family class who makes an application under Division 6 of Part 5 must be a family member of the applicant or of the sponsor both at the time the application is made and at the time of the determination of the application.

Marginal note:Requirements for accompanying family members

122 A foreign national who is an accompanying family member of a person who makes an application as a member of the family 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 family member is not inadmissible.

DIVISION 2Spouse or Common-Law Partner in Canada Class

Marginal note:Class

123 For the purposes of subsection 12(1) of the Act, the spouse or common-law partner in Canada class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.

Marginal note:Member

124 A foreign national is a member of the spouse or common-law partner in Canada class if they

• (a) are the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada;

• (b) have temporary resident status in Canada; and

• (c) are the subject of a sponsorship application.

Marginal note:Excluded relationships

• 125 (1) A foreign national shall not be considered a member of the spouse or common-law partner in Canada class by virtue of their relationship to the sponsor if

  • (a) the foreign national is the sponsor’s spouse or common-law partner and is under 18 years of age;

  • (b) the foreign national is the sponsor’s spouse or common-law partner, the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;

  • (c) the foreign national is the sponsor’s spouse and

    • (i) the sponsor or the spouse was, at the time of their marriage, the spouse of another person, or

    • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and

      • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or

      • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor;

  • (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was married to a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law; or

  • (d) subject to subsection (2), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

• Marginal note:Exception

  (2) Subject to subsection (3), paragraph (1)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

• Marginal note:Application of par. (1)(d)

  (3) Paragraph (1)(d) applies in respect of a foreign national referred to in subsection (2) if an officer determines that, at the time of the application referred to in that paragraph,

  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

• Definition of former Act

  (4) In subsection (2), former Act has the same meaning as in section 187 of the Act.

Marginal note:Withdrawal of sponsorship application

126 A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national.

Marginal note:Approved sponsorship application

127 For the purposes of Part 5, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class and their accompanying family members shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national and those family members is in effect and the sponsor who gave that undertaking still meets the requirements of section 133 and, if applicable, section 137.

Marginal note:Requirements — family member

128 The requirements with respect to a person who is a family member of a member of the spouse or common-law partner in Canada class who makes an application under Division 6 of Part 5 are the following:

• (a) subject to subsection 25.1(1), the person is a family member of the applicant both at the time the application is made and at the time of the determination of the application; and

• (b) at the time it is made, the application includes a request for the family member to remain in Canada as a permanent resident.

Marginal note:Requirements for accompanying family members

129 A foreign national who is an accompanying family member of a person who makes an application as a member of the spouse or common-law partner in Canada 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 family member is not inadmissible.

DIVISION 3Sponsors

Marginal note:Sponsor

• 130 (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who

  • (a) is at least 18 years of age;

  • (b) resides in Canada; and

  • (c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

• Marginal note:Sponsor not residing in Canada

  (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a permanent resident.

• Marginal note:Five-year requirement

  (3) A sponsor who became a permanent resident or a Canadian citizen after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor has been a permanent resident, or a Canadian citizen, or a combination of the two, for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph (1)(c) is filed by the sponsor in respect of the foreign national.

Marginal note:Sponsorship undertaking

131 The sponsor’s undertaking shall be given

• (a) to the Minister; or

• (b) if the sponsor resides in a province that has entered into an agreement referred to in subsection 8(1) of the Act that enables the province to determine and apply financial criteria with respect to sponsorship undertakings and to administer sponsorship undertakings, to the competent authority of the province.

Marginal note:Undertaking — duration

• 132 (1) Subject to subsection (2), the sponsor’s undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province for every benefit provided as social assistance to or on behalf of the sponsored foreign national and their family members during the period

  • (a) beginning

    • (i) if the foreign national enters Canada with a temporary resident permit, on the day of that entry,

    • (ii) if the foreign national is in Canada, on the day on which the foreign national obtains a temporary resident permit following an application to remain in Canada as a permanent resident, and

    • (iii) in any other case, on the day on which the foreign national becomes a permanent resident; and

  • (b) ending

    • (i) if the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

    • (ii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, on the earlier of

      • (A) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident, and

      • (B) the day on which the foreign national attains 25 years of age,

    • (iii) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident,

    • (iv) on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national is

      • (A) the sponsor’s mother or father,

      • (B) the mother or father of the sponsor’s mother or father, or

      • (C) an accompanying family member of the foreign national described in clause (A) or (B), and

    • (v) if the foreign national is a person other than a person referred to in subparagraph (i), (ii), (iii) or (iv), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

• Marginal note:Undertaking to province — duration

  (2) In the case of an undertaking to a competent authority of a province referred to in paragraph 131(b), the period referred to in subsection (1) shall end not later than

  • (a) if the foreign national is a sponsor’s spouse, common-law partner or conjugal partner, on the last day of the period of three years following the day on which the foreign national becomes a permanent resident;

  • (b) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner, or is a person referred to in paragraph 117(1)(g), and is less than 22 years of age on the day on which he or she becomes a permanent resident, the later of

    • (i) the day on which the foreign national attains 22 years of age, and

    • (ii) the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident;

  • (c) if the foreign national is a dependent child of the sponsor or of the sponsor’s spouse, common-law partner or conjugal partner and is 22 years of age or older on the day on which he or she becomes a permanent resident, on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident;

  • (d) on the last day of the period of 20 years following the day on which the foreign national becomes a permanent resident, if the foreign national is

    • (i) the sponsor’s mother or father,

    • (ii) the mother or father of the sponsor’s mother or father, or

    • (iii) an accompanying family member of the foreign national described in subparagraph (i) or (ii); and

  • (e) if the foreign national is a person other than a person referred to in paragraphs (a) to (d), on the last day of the period of 10 years following the day on which the foreign national becomes a permanent resident.

• Marginal note:Undertaking to province — alternate duration

  (3) Despite subsection (2), the period referred to in subsection (1) shall end not later than the day provided for by the laws of the province if that day is

  • (a) in the case of a foreign national referred to in paragraph (2)(a), earlier than the last day referred to in that paragraph;

  • (b) in the case of a foreign national referred to in paragraph (2)(b), earlier than the later of the days referred to in subparagraph (2)(b)(i) and (ii);

  • (c) in the case of a foreign national referred to in paragraph (2)(c), earlier than the last day referred to in that paragraph;

  • (d) in the case of a foreign national referred to in paragraph (2)(d), earlier than the last day referred to in that paragraph; and

  • (e) in the case of a foreign national referred to in paragraph (2)(e), earlier than the last day referred to in that paragraph.

• Marginal note:Agreement

  (4) Subject to paragraph 137(c), if the person is to be sponsored as a member of the family class or of the spouse or common-law partner in Canada class and is 22 years of age or older, or is less than 22 years of age and is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor, the co-signer, if any, and the person must, before the sponsorship application is approved, enter into a written agreement that includes

  • (a) a statement by the sponsor and the co-signer, if any, that they will provide for the basic requirements of the person and their accompanying family members during the applicable period referred to in subsection (1);

  • (b) a declaration by the sponsor and the co-signer, if any, that their financial obligations do not prevent them from honouring their agreement with the person and their undertaking to the Minister in respect of the person’s application; and

  • (c) a statement by the person that they will make every reasonable effort to provide for their own basic requirements as well as those of their accompanying family members.

• Marginal note:Co-signature — undertaking

  (5) Subject to paragraph 137(c), the sponsor’s undertaking may be co-signed by the spouse or common-law partner of the sponsor if the spouse or common-law partner meets the requirements set out in subsection 130(1), except paragraph 130(1)(c), and those set out in subsection 133(1), except paragraph 133(1)(a), and, in that case,

  • (a) the sponsor’s income shall be calculated in accordance with paragraph 134(1)(b) or (c) or (1.1)(b), as applicable; and

  • (b) the co-signing spouse or common-law partner is jointly and severally or solidarily bound with the sponsor to perform the obligations in the undertaking and is jointly and severally or solidarily liable with the sponsor for any breach of those obligations.