GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Immigration and Refugee Protection Regulations — 90
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. 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. SOR/2016-316, s. 5
Immigration and Refugee Protection Regulations — 97
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. 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. SOR/2016-316, s. 6
Immigration and Refugee Protection Regulations — 98.01
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. 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 . Size (3) No more than five applicants are to be considered members of the start-up business class in respect of the same business. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.02
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. 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. 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). SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.03
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. 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. 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. 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. 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. 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. 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). SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.04
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. 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. 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. 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. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.05
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. 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. 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. Public notice (4) The Minister must publish the amounts established under subsection (1) on the Department’s website. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.06
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). 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. 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. 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. 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. Public notice (6) The Minister must publish the percentages established under subsection (3) on the Department’s website. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.07
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). 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. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.08
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. 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. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.09
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. 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. Independent assessment (3) The peer review panel’s assessment must be independent and take industry standards into account. Assessment not binding (4) An officer who requests an independent assessment is not bound by it. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.10
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. 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. Concurrence (3) A substitute evaluation made under subsection (1) requires the written concurrence of a second officer. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.11
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. 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. 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). 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). 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. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 98.12
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. 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. SOR/2018-72, s. 3
Immigration and Refugee Protection Regulations — 100
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). 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.
Immigration and Refugee Protection Regulations — 101
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. 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. SOR/2004-167, ss. 36, 80(F); SOR/2016-316, s. 7
Immigration and Refugee Protection Regulations — 102
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. 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. SOR/2004-167, s. 37; SOR/2012-274, s. 16; SOR/2016-316, s. 8
Immigration and Refugee Protection Regulations — 102.1
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. SOR/2012-274, s. 17
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
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 )
Immigration and Refugee Protection Regulations — Immigration and Refugee Protection Regulations
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 )