Immigration and Refugee Protection Regulations

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 class

  (2) Subject to subsection (5), a foreign national is a member of the provincial nominee class if they are named in a nomination certificate that is

  • (a) issued by the government of a province under a provincial nomination agreement that is in force between that province and the Minister at the time of nomination;

  • (b) made in accordance with the provincial selection criteria that have been approved in writing by the Minister; and

  • (c) made on the basis of the foreign national’s ability to become economically established in Canada and their intention to reside in the province that has nominated them.

• Marginal note:Evaluation by province

  (3) The government of a province that issues the nomination certificate has the sole responsibility to evaluate, according to the provincial selection criteria that have been approved in writing by the Minister, both the foreign national’s ability to become economically established in Canada and their intention to reside in that province.

• (4) [Repealed, SOR/2026-63, s. 1]

• Marginal note:Exclusion

  (5) Subject to subsection (6), a foreign national who is named in a certificate referred to in subsection (2) 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 subsection (2) 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.