GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 75
assification for which licensing by a provincial regulatory body is required. 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. 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. 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. SOR/2004-167, ss. 27, 80(F); SOR/2012-274, s. 5; SOR/2016-298, s. 4 SOR/2022-220, s. 2
Immigration and Refugee Protection Regulations — 76
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. 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. 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. Concurrence (4) An evaluation made under subsection (3) requires the concurrence of a second officer. SOR/2004-167, s. 28; SOR/2010-195, s. 4(F); SOR/2012-274, s. 6
Immigration and Refugee Protection Regulations — 77
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. SOR/2012-274, s. 7
Immigration and Refugee Protection Regulations — 78
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 an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required; and (g) 25 points for a university-level credential at the doctoral level. 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. SOR/2010-195, s. 5(F); SOR/2012-274, s. 7 SOR/2022-220, s. 3
Immigration and Refugee Protection Regulations — 79
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. 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. 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. SOR/2004-167, s. 29; SOR/2008-253, s. 7; SOR/2010-195, s. 6(F); SOR/2011-54, s. 1; SOR/2012-274, ss. 7, 8; SOR/2016-298, s. 5
Immigration and Refugee Protection Regulations — 80
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. 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 TEER Category 0, 1, 2 or 3 of the National Occupational Classification . 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. Work in excess (4) A period of work experience in one occupation that exceeds 30 hours per week, or simultaneous periods of work experience in more than one full-time occupation, is to be evaluated as a single period of full-time work experience in a single occupation. Classification code (5) A skilled worker must specify in their application for a permanent resident visa the five-digit code in the National Occupational Classification that corresponds to each of the occupations that is engaged in by the applicant and that constitutes the skilled worker’s work experience. 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] SOR/2010-195, s. 7; SOR/2012-274, s. 9 SOR/2022-220, s. 4 SOR/2023-249, s. 5
Immigration and Refugee Protection Regulations — 81
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. SOR/2012-274, s. 10
Immigration and Refugee Protection Regulations — 85
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. SOR/2008-202, s. 1
Immigration and Refugee Protection Regulations — 86
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. 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] Requirements for accompanying family members (5) A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec skilled worker class shall become a permanent resident if, following an examination, it is established that (a) the person who made the application has become a permanent resident; and (b) the foreign national is not inadmissible. SOR/2004-167, s. 80(F); SOR/2008-202, s. 3; SOR/2008-253, s. 9
Immigration and Refugee Protection Regulations — 87
(6) as they read immediately before September 2, 2008 apply in respect of a foreign national referred to in subsection (10). Requirements for accompanying family members (12) A foreign national who is an accompanying family member of a person who makes an application as a member of the provincial nominee class shall become a permanent resident if, following an examination, it is established that a) the person who made the application has become a permanent resident; and b) the foreign national is not inadmissible. SOR/2004-167, s. 80(F); SOR/2008-202, ss. 4, 5; SOR/2008-253, s. 10; SOR/2009-164, s. 1; SOR/2010-195, s. 8(F); SOR/2016-316, s. 3 SOR/2019-212, s. 4(F) SOR/2026-63, s. 1
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — 87.1
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. 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, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification ; (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). Application (3) For the purposes of subsection (2), (a) any period of employment during which the foreign national was engaged in full-time study shall not be included in calculating a period of work experience; (b) any period of self-employment or unauthorized work shall not be included in calculating a period of work experience; and (c) the foreign national must have had temporary resident status during their period of work experience. (d) to (g) [Repealed, SOR/2012-274, s. 13] (4) and (5) [Repealed, SOR/2012-274, s. 13] SOR/2008-254, s. 3; SOR/2011-54, s. 2; SOR/2012-274, s. 13; SOR/2016-298, s. 8 SOR/2021-242, s. 6(E) SOR/2022-220, s. 7
Immigration and Refugee Protection Regulations — 87.2
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. SOR/2012-274, s. 14; 2013, c. 40, s. 237; SOR/2013-245, s. 2; SOR/2015-144, s. 2; SOR/2015-147, s. 1; SOR/2016-298, s. 9 SOR/2021-242, s. 7 SOR/2022-142, s. 2 SOR/2022-220, s. 8
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
allocation period [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
approved fund [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
business experience [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
debt obligation [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
entrepreneur [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
entrepreneur selected by a province [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
former Regulations has the same meaning as in subsection 316(1). ( ancient règlement )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
full-time job equivalent [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
investment [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
investor selected by a province [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
minimum net worth [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
net assets [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
net income [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
net worth [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
percentage of equity [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
provincial allocation [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
qualifying business [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
qualifying Canadian business [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
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 )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
self-employed person selected by a province [Repealed, SOR/2016-316, s. 4]
Immigration and Refugee Protection Regulations — (a)
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 )
Immigration and Refugee Protection Regulations — 89
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. SOR/2016-316, s. 5; SOR/2018-72, s. 2
Immigration and Refugee Protection Regulations — 89.1
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. SOR/2018-72, s. 2