Vol. 135, No. 50 — December 15, 2001

Immigration and Refugee Protection Regulations

Statutory Authority

Immigration and Refugee Protection Act

Sponsoring Department

Department of Citizenship and Immigration

REGULATORY IMPACT ANALYSIS STATEMENT

Introduction

Framework Legislation

In response to one of the key recommendations of the independent Legislative Review Advisory Group (LRAG) in its report, Not Just Numbers: A Canadian Framework for Future Immigration, Bill C-11, the new Immigration and Refugee Protection Act was drafted as "framework legislation." This means that the Act sets out the core principles and components of the immigration and refugee protection programs; the important obligations and fundamental rights of permanent residents, protected persons and foreign nationals seeking entry to, or residing in, Canada; the obligations of officials who administer the legislation; and the key protection and enforcement provisions of the Act. The procedures, exceptions and other details necessary for the administration of the Immigration Program are in regulations made by the Governor in Council.

Most modern statutes set out a "framework" which delegates legislative authority to develop detailed rules in the form of regulations. The life span of legislation is diminishing. The 1952 Immigration Act underwent very few minor amendments in the 26 years it remained in force. The current Act, in its 23 years in law, has undergone two major re-writes and has been amended on more than 30 occasions. Reliance on broad regulation-making authority is increasingly necessary if legislation is to remain capable of both regulating and adapting to the rapid pace of societal change and the exponential growth in human knowledge.

In a little over three decades the Immigration Program has gone from one that relied on primarily European sources and was centred on the admission of the extended family and independent applicants with arranged employment, to the current universal, three-stream Program that balances the capacity for economic establishment with the re-unification of the nuclear family and humanitarian immigration. A realization that rigid legislative structures cannot be easily adjusted to changing international and domestic societal outlooks was the primary reason for the early decision to adopt the LRAG recommendation on a framework approach.

While the need for flexibility underlies the framework model it is recognized that the values, principles and obligations upon which the Immigration Program rests should remain firmly imbedded in legislation. Any shift away from these values and principles is something that must be debated in Parliament, not hastily regulated in response to passing events. The Immigration and Refugee Protection Act (IRPA) contains the important core principles that govern Canada's immigration and refugee protection programs. Matters of fundamental principle contained in the Act include the acquisition and loss of status, provisions relating to refugees, inadmissible classes, offences, the powers of arrest and detention and the jurisdiction and powers of tribunals.

The Immigration and Refugee Protection Regulations (shortened throughout this document to IRP Regulations or the Regulations) do not alter the distinction that has long been drawn between what is viewed as appropriate for inclusion in legislation and what is considered to be essentially procedural and hence suitable for inclusion in regulation. Selection criteria for immigrants, requirements for the sponsorship of foreign nationals and applications for visas are a few examples of subjects dealt with by regulation under the current Immigration Act that will continue to be in the regulations made under the IRPA.

Regulation-making Powers in the IRPA

The Immigration and Refugee Protection Act takes a different approach from the current law to the organization of regulation-making authority. In the 1976 Act, all authority to regulate on any subject is located in a single section. The IRPA places regulation-making authorities with the various sections of the Act to which they apply. For example, all the authorities for making selection regulations are placed with the part of the Act that deals with selection.

All power to make regulations under the IRPA is conferred upon the Governor-in-Council [subsection 5(1)]. There are 17 provisions in the IRPA which serve to delimit that regulation-making power within the program areas specified. The matters on which regulations may be made include the selection of immigrants, examination, permanent resident status, inadmissibility, detention and release from detention, the staying of removal, the making of loans, fees for services, the referral of refugee claims to the Immigration and Refugee Board, pre-removal risk assessments and the obligations of transportation companies. There is also a general authority that empowers the Governor-in-Council to prescribe in regulation any matter whose prescription is referred to in the Act. In addition, the transitional provisions of the Act contain a power to make regulations regarding the transition between the current Act and the IRPA.

Scrutiny of Regulatory Power

The role of Parliament in the regulatory process has been greatly enhanced. Subsection 5(2) of the Act requires the Minister to table any proposed regulations respecting examinations, rights and obligations of permanent and temporary residents, loss of status and removal, detention and release, refugee eligibility, the pre-removal risk assessment and transportation companies before each House of Parliament for referral to the appropriate Committee of that House. This will give the Standing Committees a formal avenue to provide input into the regulations and will lead to a more open and transparent regulatory process. Far from being government by regulation which diminishes the role of Parliament, the IRPA gives Parliament a greater role than ever before in the ongoing scrutiny of the Immigration Program.

Safety and Security Elements in the Regulations

On October 12, 2001, the Minister of Citizenship and Immigration announced a five-part strategy as part of the Government of Canada's Anti-terrorism Plan. This plan was developed in response to the attacks in the United States on September 11, 2001. Elements of that plan contained in the Immigration and Refugee Protection Regulations include the implementation of a Permanent Resident Card and security screening of refugee claimants at the beginning of the refugee determination process. Stopping terrorists from getting into Canada, and protecting Canadians from terrorist acts are among the objectives of the Anti-Terrorism Plan.

The Immigration and Refugee Protection Regulations act to buttress and refine a number of the key components of the enforcement and control process. Included are regulations on the visitor visa requirement, which reduce the number of countries on the exemption list from the pre-September 11 total; on detention, where the Regulations specify for the first time factors that officers must consider in making decisions on flight risk and danger to the public; as well as on the grounds of inadmissibility and the making of removal orders.

These regulations are primarily procedural in nature and hence, do not affect the fundamental rights of clients. However, within this limitation, they do contain a number of new tools that will advance the safety and security agenda and help to protect Canadians. Examples of these new regulatory tools are: provisions specifying the requirements that persons must meet in order to enforce removal orders; and provisions that prevent those who pose a danger to the public, or may be fleeing Canadian justice or seeking to evade or frustrate international justice, from being allowed to depart voluntarily. New provisions specifying that previous findings of fact made by other tribunals that a foreign national has been convicted of terrorist acts or war crimes, do not have to be re-established during admissibility hearings, will help to streamline the removal process in such cases.

Consultation on the Regulations

The Regulations were developed in an open and transparent manner as the result of a broad-based consultation process that is still ongoing. Extensive consultations have been held throughout the development process with provinces and territories and key stakeholders. Tabling of the Regulations and their publication in Part I of the Canada Gazette will give Parliamentarians and the public at large the opportunity to express their views. The Immigration and Protection Regulations are available to the public through government Web sites including the Canada Gazette site.

Cooperation with Provinces and Territories

Provincial and territorial partners will continue to be consulted during the pre-publication period. Given the concurrent jurisdiction of provinces for immigration, the IRPA maintains the authority for the federal government to enter into agreements with provinces and territories to co-ordinate action and share responsibilities. The Act further provides that certain regulations governing decisions that shape the nature of immigration must be consistent with federal-provincial agreements. This applies specifically to the regulations governing the selection, sponsorship and acquisition of status by foreign nationals. Part 5 of the Regulations currently provides for the significant role of Manitoba, Saskatchewan, British Columbia, New Brunswick, Newfoundland, Prince-Edward Island and Yukon in the selection of economic immigrants, under the provincial nominee agreements signed with these jurisdictions since the late 1990s. Similarly, consistent with the 1991 Canada-Quebec Accord, regulations recognize Quebec's sole responsibility for selecting most immigrants destined to the province — subject to a federal finding that applicants are not inadmissible — and administering sponsorship undertakings, as well as its structuring role in the grant of status to foreign nationals who intend to live, work or study in the province.

More generally, the IRPA requires that it be construed and applied in a manner that facilitates co-operation with provincial governments. Several regulations provide for co-ordination with provincial authorities in areas that are under the jurisdiction of provinces (e.g., the relation of Part 6 to provincial jurisdiction in the areas of international adoptions and social assistance) or where they play a determining role (e.g., the relation of the Investor Class, in Part 5, to economic development).

Gender-based Analysis

Gender-based analysis (GBA) is an analytical framework that assesses the differential impacts of policy, programs and legislation for men and women and for different groups of men and women. As the procedures, exceptions and other details necessary for the administration of the Immigration Program are included in the Regulations, gender-based analysis of the Regulations is on-going. It is anticipated that pre-publication of the Regulations and the current Regulatory Impact Analysis Statement (RIAS) may reveal additional gender and diversity considerations that will inform GBA. An analysis of the gender impact of the Regulations will be included in the RIAS accompanying the regulations submitted for final Governor-in-Council approval.

What is in this Package

In view of the size of the regulatory regime under the Immigration and Refugee Protection Act and the need to implement certain provisions on an urgent basis in order to address security concerns arising out of terrorist attack in the United States on September 11, 2001, the Regulations are being pre-published in two "tranches." The two-tranche approach permits a more thorough and focussed approach to drafting and facilitates more effective public consultation.

This RIAS pertains to Parts 1 to 17 of the Immigration and Refugee Protection Regulations. The RIAS is made up of 24 segments, organized thematically or by Program element. These are presented more or less in the order in which the subject matter described occurs in the Regulations. Comments on Parts 1 to 17 of the Regulations should be addressed to the contact indicated at the end of the segment concerned.

Contents of the RIAS

I — Applications and Documentation Requirements

II — Temporary Foreign Workers

III — Students

IV — Examination of Persons Seeking Entry to Canada

V — Medical Examination and Inadmissibility on Health Grounds

VI — Permanent Resident Card

VII — Obligations of Permanent Residents

VIII — Skilled Worker Class

IX — Provincial Nominees

X — Business Immigration Programs

XI — Live-in Caregivers

XII — Temporary Resident Permits

XIII — Humanitarian and Compassionate Considerations

XIV — Family Class and Sponsorship

XV — Adoption and Guardianship

XVI — Refugee and Humanitarian Resettlement Programs

XVII — Pre-Removal Risk Assessment

XVIII — Referral of Refugee Claims to the IRB

XIX — Acquisition of Permanent Residence by Protected Persons

XX — Inadmissibility

XXI — Issuance and Effect of Removal Orders

XXII — Stays of Removal

XXIII — Enforcement of Removal Orders

XXIV — Detention and Release

Interpretation and Application

There is no separate RIAS segment for Part 1 of the Regulations. This Part deals with definitions used throughout. Where the definitions have no equivalent in the 1978 Act or regulations they are explained under the "What has changed" heading in that segment of the RIAS dealing with the subject area to which the definitions apply. Changes in definitions respecting the "family" are required to extend throughout the Regulations, the principle of equal benefits and obligations for married and common-law same and opposite sex couples that is contained in the Modernization of Benefits and Obligations Act. The impact of implementing these principles on the Immigration Program is explained in that part of the RIAS dealing with the Family Class (Part XIV) and elsewhere. Some definitions, for example "Canadian citizen," have been moved substantially unchanged from the Immigration Act to the Regulations.

"Ports of entry" which under the current act are designated by the Minister, are now substantively defined by a schedule in these Regulations. The concept behind the new definition is somewhat different from that in the current definition, as the places listed are ports of entry only during their hours of operation. For those ports where service is not provided on a 24-hour-a-day, 7-day-a-week basis, the hours of operation are included in the schedule. Where a permanent examination facility staffed by Customs or Immigration does not exist, the Regulations permit for examination services to be provided at prescribed locations upon 12-hour advance notification of arrival. In such cases the actual point at which the examination will take place is decided by the port or airport authority, which will notify both the captain of the vehicle and Immigration or Customs officials.

Tranche Two of the Regulations

The second tranche of IRP Regulations will be pre-published in February of 2002. It will include regulations on fees, loans to immigrants, debt collection, transportation company obligations and liabilities, seizure of offence related property and transitional provisions relating to enforcement, the refugee program and the Family Class. Comments on these subjects may be made at that time.

I — APPLICATIONS AND DOCUMENTION REQUIREMENTS — PART 2, DIVISIONS 1 TO 3; AND PART 8, DIVISION 4

Description

The Immigration and Refugee Protection Act provides that foreign nationals are under the obligation to obtain certain required documents before entering Canada. These regulations address mandatory requirements respecting applications.

Purpose of these provisions

The purpose of these provisions is to establish which documents foreign nationals require before seeking to enter Canada. The regulations in this part also specify the requirements that must be met in order for an application to be considered, such as the type of form to be used in making an application, the required information to be submitted on such a form, including any supporting documentation necessary, and the place where an application is to be filed.

What the regulations do

The application and documentation provisions prescribe:

— the circumstances in which visas are required to enter Canada;

— the circumstances in which foreign nationals are exempt from requiring temporary resident visas;

— the circumstances in which a study or work permit is required before entering Canada;

— the form, content, mandatory information required and place where an application can be made; and

— general rules regarding the form in which documents are required to be presented when the Act or the Regulations so specify.

What has changed

Except for some differences in terminology, the legislative regime surrounding the requirement for foreign nationals to obtain visas prior to entry is essentially unchanged.

Subsection 11(1) of the Immigration and Refugee Protection Act requires a foreign national to apply for a visa before entering Canada where the need for such a visa is prescribed by the Regulations. The authority to make such regulations is contained in subsection 14(1) of the Act.

The Immigration and Refugee Protection Regulations (IRP Regulations) specify that a foreign national may not enter Canada to remain on a temporary basis without first obtaining a "temporary resident" visa. This term replaces the term "visitor" visa, which is used throughout the 1978 Act and Regulations. Exemptions from this requirement are also prescribed in the IRP Regulations. These include:

— foreign nationals exempted on the basis of their nationality, residency or the purpose of their visit, in Part 8, Division 4, of the Immigration and Refugee Protection Regulations;

— foreign nationals holding a temporary resident permit; and

— foreign nationals authorized to re-enter Canada by the Act or the Regulations.

The visa exemption provisions have been restructured and placed within the body of the regulations but they contain no changes in substance from the visitor visa exemptions in Schedule II of the Immigration Regulations, 1978 as that Schedule read on December 5, 2001.

Under the current Act, requirements concerning the making of applications were not regulated and were frequently the source of litigation. These regulations are new and provide a regulatory basis for the perfected application principle by establishing the mandatory requirements that need to be met for applications to be considered as having been submitted.

These requirements deal with:

— the form, content and documents that should be provided;

— the mandatory requirements that should be provided to determine the identity of the applicant, the members of the family that may be included or considered under the application, the purpose of the application and a declaration attesting to the veracity of the information given; and

— the place where applications for visas, sponsorship applications, in-Canada applications for permanent resident status and applications for permanent resident cards, are to be made.

Alternatives

An alternative to having regulations on applications would have been to leave these as administrative guidelines. This is less transparent and may result in inconsistent application of the principles established by these rules.

Benefits and Costs

Benefits

These provisions clearly define for applicants what is required for their applications to be considered.

Fewer resources will be required to process applications since those who do not meet the required standards will not be processed.

These regulations are expected to improve the quality of service provided to applicants who submit the necessary information at the outset.

Clearly articulated requirements for visas and permits maintain the integrity of the immigration program.

Costs

There is no significant cost envisaged for the implementation of these provisions as they codify in regulation what is best practice.

Consultation

Throughout the process of developing Bill C-11 and the Regulations, the Department of Citizenship and Immigration has undertaken extensive consultations with stakeholders, immigration and refugee advocacy groups, business and labour organizations, public agencies, ethnic and religious organizations, special interest groups and practitioners.

The concept and the mandatory requirements introduced by these provisions were raised in the Department's discussions with stakeholders groups such as the Canadian Bar Association and immigration practitioner groups.

Further consultations on these matters will take place as a result of the pre-publication process.

Compliance and Enforcement

The existence of regulatory provisions specifying that the mandatory requirements of an application will result in increases in self-compliance. Should an application not meet these requirements, it will be returned to the applicant without being processed.

Failure to provide the necessary documentation in its required form may result in a refusal of the application.

Foreign nationals will be refused entry, and may be removed, if they require visas and permits to enter Canada but have not obtained such documentation in advance.

Contact

Christine Blain, Director, Strategic Planning, Strategic Policy, Planning and Research Branch, Citizenship and Immigration Canada, Jean Edmonds Tower South, 18th Floor, 365 Laurier Avenue West, Ottawa, Ontario K1A 1L1, (613) 946-5942 (Telephone), (613) 957-5946 (Facsimile).

II — TEMPORARY FOREIGN WORKERS — PART 3, DIVISION 4; PART 8, DIVISION 2; AND PART 10, DIVISIONS 1 TO 4

Description

Subsection 30(1) of the Immigration and Refugee Protection Act (IRPA) provides that a foreign national may not work or study in Canada unless authorized to do so under the Act. Regulation-making authority to provide for any matter relating to the application of section 30 and to define terms and prescribe conditions respecting work in Canada by classes of temporary residents is contained in section 32.

Purpose of these provisions

The purpose of these provisions is to prescribe which foreign nationals may work in Canada and to define what type of work activities are permitted.

What the regulations do

The regulations respecting workers:

— define the meaning of "work" and "work permit";

— specify the types of work situations which are exempt from the requirement to obtain a work permit;

— define who may apply for a work permit upon entering Canada and who may apply from within Canada;

— prescribe the situations in which a work permit may be granted, including the situations where an opinion from Human Resources Development Canada (HRDC) is needed, and the situations where such an opinion is not required; and

— where an opinion with respect to the economic effect of a foreign national's employment is required, the provisions establish the criteria for the issuance of a work permit and assign the responsibility of providing the immigration officer with a labour market opinion to HRDC.

What has changed

The new definition of work is slightly narrower and has a different focus than the definition of "employment" which is contained in the current Act. Officers are now meant to examine whether a person is entering the labour market, rather than just applying the test of whether the foreign national intends to engage in an activity for which they might reasonably be expected to receive valuable consideration.

The following are examples of activities that, under the new definition, would be considered work (and thus requiring a work permit):

— self-employment which could constitute a competitive economic activity such as opening a dry-cleaning shop or doing freelance bookkeeping; and

— unpaid employment undertaken for the purpose of obtaining work experience such as an internship or practicum normally done by a student.

The following activities would not be considered work under the new definition:

— volunteer work for which a person would not normally be remunerated, such as sitting on the board of a charity or religious institution, being a "big brother" or "big sister" to a child, being on the line at a rape crisis centre (normally this type of work would be part-time and incidental to the main reason that a visitor is in Canada);

— unremunerated helping of a friend or family member during a visit, such as a mother assisting a daughter with childcare, or an uncle helping his nephew build his own cottage;

— long-distance (by telephone or Internet) work done by a visitor whose employer is outside Canada and who is remunerated from outside Canada; and

— self-employment where the work to be done would have no real impact on the labour market, such as a U.S. farmer crossing the border to work on some fields that he owns, or a miner coming to work on his own claim.

With respect to activities which are exempted from the requirement for a work permit, the regulations are largely a "roll-over" from the Immigration Regulations, 1978. They consolidate, generalize and slightly expand upon subsection 19(1) of the 1978 Regulations.

Business Visitors — The various sections that currently comprise business visitor activities (paragraphs 19(1)(e), (g), (h), (i), and (w) of the 1978 Regulations) have been consolidated under one general business visitor category which mirrors the definition of business visitor used in Chapter 16 of the North American Free Trade Agreement (NAFTA). The new definition applies generally and not just to nationals of specific countries. Extending the NAFTA business visitor concept to all business visitors to Canada has the effect of extending the after-sales servicing provisions. Therefore, rather than having to obtain an employment authorization which is validation-exempt (the present E10 code under subparagraph 20(5)(e)(i) of the 1978 Regulations), persons from non-NAFTA countries may be processed as "visitors" (i.e. not requiring a work permit). The same rules and restrictions apply except that this category also includes after-lease situations (unlike NAFTA, which requires a sale).

Performing Artists — The employment authorization requirement for groups of less than 15 performing artists has been removed. The venue at which a person performs is no longer significant as long as there is no employer-employee relationship. Performing artists who require validation under the 1978 Regulations will still require validated work permits, with the exception of bands or individuals playing short engagements in bars or restaurants. Foreign exotic dancers, house bands and other types of performers who engage in longer term employment contracts will be considered to be entering into employment relationships, thus will continue to require validated work permits.

Guest speakers — The provision has been expanded to include commercial speakers or seminar leaders delivering a seminar that lasts no longer than five days.

Medical students — The provision has been expanded to include students in all health professional fields provided that the provincial or federal regulatory body that regulates the student's profession has provided written approval.

With respect to the place where work permit applications may be submitted, the wording of the regulations respecting who may apply at a port of entry has changed considerably, but the net effect as far as which workers may apply upon entry is basically the same. As for workers who may apply in Canada, again, the text is different, but the clientele basically remains the same.

The regulations respecting the issuance of work permits both consolidate and reorganize the 1978 Regulations such that they are presented more logically and provide a better legal foundation for our existing policies and programs.

The current regulations allowing persons in various stages of the refugee or appeal process to work have been greatly simplified. They are now in one regulation that allows persons in Canada who are refugee claimants or under an unenforceable removal order, to work.

Another notable difference is that "programs approved by the Minister," formerly under paragraph 20(5)(d) of the 1978 Regulations, have been expanded with a new clause which allows for limited access to the labour market for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy. Programs which fall under the new provision include post-graduation employment, off-campus employment, and spousal employment. The eligibility criteria for these programs will continue to be outlined in guidelines.

Regarding the Economic Benefit Determination, HRDC is no longer required to provide an opinion on each individual offer of employment. The Regulations permit HRDC to provide this opinion with respect to a single job offer, a group of job offers made by a single employer (potentially with respect to an array of different job descriptions), or a single or group of job descriptions that reflect needs across a range of Canadian employers.

The current Regulations restrict HRDC officers to considering whether the prospective employer has made reasonable efforts to hire a Canadian for the job opening and whether or not the wages and working conditions offered were sufficient to attract and retain a Canadian in the job. While these factors remain relevant considerations, the new Regulations allow HRDC to also consider other elements that might indicate a benefit for Canada and Canadian job-seekers. This recognizes that some of these benefits might offset concerns HRDC would otherwise have with respect to the employers' job search efforts. It should be noted that HRDC is to provide an opinion based on all the expertise and labour market information available to it, rather than being limited in the criteria that it can take into consideration, as in the past.

The 1978 Regulations only permit the benefit opinion to be provided with respect to a single job offer, by an HRDC officer working in the local area where the applicant is destined to work. This limitation prevents the recognition of labour shortages that were endemic throughout an entire geographical region or industrial sector. It also hampered the consideration of the entirety of a large firm's hiring plan in those cases where a major employer anticipated numerous foreign hirings in a given year. These limitations guaranteed a duplication of effort, as the same labour force factors had to be re-assessed in each specific case, and in some cases would lead to inconsistent decisions.

The IRP Regulations permit HRDC, where appropriate, to provide an opinion as to national or regional labour market shortages (as was done under the Software Development Workers Pilot Project) where it has worked with relevant sectoral organizations or employers' groups to establish these shortages. The new provisions also allow large employers to present a comprehensive hiring plan to HRDC to allow them to justify the non-Canadian component of their hiring plans as an element of the firm's overall human resource strategy. For example, a firm might anticipate a need to hire 25 aeronautical engineers and 15 tool and die makers from abroad, but also expect to hire 150 lesser-skilled technical workers from within the Canadian labour market to work on the projects that the higher-skilled workers will lead.

Regardless of possible economic benefits, work permits will continue to be refused in situations where the HRDC opinion is that the wages and working conditions offered are insufficient to attract and retain Canadian job-seekers. This is to ensure that foreign workers are not improperly used by Canadian employers to drive down the wage structure in the Canadian labour market. In addition, employers will still not be allowed to use foreign workers to act as strike-breakers or otherwise interfere with a labour dispute.

Alternatives

The alternatives were to keep the present definition of work (employment), which is impracticably broad, or not to define "work" in regulations, but rather in administrative guidelines. The latter option was rejected because it would not give officers sufficient legal support on which to base their decisions.

The validation-exempt work permit regulations represent a "clean-up" of the present Regulations. The various validation-exempt programs and policies which have developed since the introduction of the 1978 Regulations have the support of employers and generally work well. There appears to be little reason to consider alternatives.

With respect the economic effect test, the alternative of maintaining the current narrowly focussed test was rejected as it had proven to be resource intensive for Government, time consuming for employers, and unresponsive to the growing need to get workers (once a job offer has been made) into Canada as quickly as possible. The alternative of reducing or removing the role of HRDC's labour market opinion was rejected as this would take away the tools needed by the federal government to manage attempts by employers to inappropriately use foreign-sourced labour as a means of reducing its wage obligations.

Benefits and Costs

Benefits

Among the main benefits of the new regulations is the fact that they are easier to understand and apply. Based on the new definition of work, it is easier for officers to form a judgement on who requires a work permit and who may be allowed entry as a visitor. The new test of whether or not a foreign national will enter the labour market is easier to apply than the current definition that requires an officer to assess as employment any "work-like" activity. The new definition will also be more facilitative to clients.

Business Visitors — The expansion and consolidation of the 1978 Regulations represent a benefit to clients who will have easier access to do business in Canada and to officers who will find it easier to facilitate the entry of business visitors rather than having to "pigeon-hole" them into specific regulatory provisions.

Performing Artists — This provision will be of considerable benefit to artists who will no longer have to obtain work permits. It will also represent a significant reduction in officer workload, primarily at ports of entry.

Guest Speakers — It has been difficult both for officers and clients to differentiate between guest speakers who receive an honorarium (admitted as visitors under the 1978 Regulations) and commercial speakers (who required both validation and a work permit under the 1978 Regulations). This regulation resolves the difficulty by allowing admission for all short-term speakers as visitors.

Medical Students — All health care students typically require a practicum (or clinical clerkship) as part of their studies. This provision allows foreign students to do their practicums in Canada. The requirement for regulatory body approval will ensure that Canadian health care students are still given precedence.

The Immigration and Refugee Protection Regulations facilitate the entry of foreign labour that is genuinely needed to address shortages and other economic opportunities present in the Canadian labour market and economy. They will allow high-need situations (such as extreme high-skilled shortages in fast-growth sectors, or large employers with a high, but not inappropriate, number of openings that have been targeted to be filled by foreign workers) to be more effectively addressed, but still provide strong service to the small employer faced with a single opening.

Costs

Other than implementation costs, there are no direct costs associated with these changes, and there may in fact be savings in officer workload. However, it should be noted that there will be a reduction in revenue with respect to the processing of applications for work permits for performing artists. Individuals and groups numbering under 15 will, except when engaged in "an employment relationship," no longer require work permits. In fiscal year 2000-2001, $1,082,000 was collected for processing group (3 to 14 people) work permits. There will also be a small reduction in the number of work permits issued on the basis of the other regulatory changes discussed above.

Consultation

Consultations with the public on how to define work have taken place over the course of the past few years within the legislative review process. These provisions were developed using ongoing public input and in close consultation with HRDC.

As the provisions regarding work without a permit largely represent a "roll-over" from the 1978 Regulations, direct public consultations have not been undertaken. However, comments and complaints over the past few years with respect to the existing provisions were used in the design of the IRP Regulations.

HRDC was a close partner in the development of the Regulations exempting certain people or activities from the work permit requirement, especially with the development of the regulation respecting performing artists. Past communications indicate that some musicians' unions may not support expanded facilitation of foreign performing artists; however, the artists whose employment this regulation will facilitate were already exempt from labour market validation under the present Regulations. Foreign musicians themselves and their Canadian presenters (who often paid for the work permits) will welcome the change.

The changes set out in the IRP Regulations concerning the determination of economic effect have formed a part of consultations with key stakeholders that have been ongoing for a number of years. These consultations have taken many forms, including the release of consultation papers, presentations to provincial governments and sectoral organizations, mail-outs of discussion documents to employer organizations and other key groups, and the hiring of an external consultant to conduct focus group exercises with program users.

Compliance and Enforcement

The submission of an application for a work permit is a discretionary action on the part of the applicant. Officers assess applicants against the requirements of the Act and Regulations to ensure that they comply with the requirements that must be met by foreign workers and with all other statutory requirements for entry as temporary residents. Where such a determination is required, Citizenship and Immigration Canada officers, in assessing the economic benefits of the employment of a foreign national, are guided by the opinions of officials of HRDC. Applicants are refused work permits in the event that the economic benefit opinion is negative or if their employment would otherwise contravene the Regulations. Persons requiring work permits who work in Canada without them are subject to being reported under subsection 44(1) of the IRPA and to possible removal.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, 300 Slater Street, 7th Floor, Ottawa, Ontario, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).

III — STUDENTS — PART 2, DIVISION 1; PART 3, DIVISION 4; PART 8, DIVISION 3; AND PART 11, DIVISIONS 1 TO 5

Description

Subsection 30(1) of the Immigration and Refugee Protection Act provides that a foreign national may not study in Canada unless authorized to do so under the Act. An exception is made in subsection 30(2) for minor children in Canada are authorized to study at the pre-school, primary or secondary level without a student permit, with the exception of the children of temporary residents who are not authorized to work or study in Canada. Regulation-making authority to provide for any matter relating to the application of section 30 and to define terms and prescribe conditions respecting study in Canada by classes of temporary residents is contained in section 32.

Part 11 of the Immigration and Refugee Protection Regulations (IRP Regulations) establishes the parameters governing study permits. The Regulations authorize foreign nationals to study without a student permit if the course or study program lasts six months or less. They allow officers to refuse permit applications from students who previously studied in Canada without a permit or who failed to comply with the conditions imposed when they entered Canada.

Purpose of these provisions

The purpose of the provisions is to prescribe which foreign nationals may be issued a study permit.

What the regulations do

The provisions specify:

— who can be authorized to study in Canada without a permit;

— who can be authorized to study in Canada with a permit;

— who can apply for a permit in Canada, whether at the time of entry or after having obtained authorization to enter and remain in Canada;

— which are the mandatory requirements a course must meet to qualify a foreign national to receive a study permit; and

— which are the requirements foreign nationals must meet when applying for a study permit.

What has changed

These regulations use new terminology. The student authorizations issued under the 1978 Immigration Act are called study permits under the new system. Under current legislation, students were considered as visitors who had received student authorizations. The new Regulations make foreign students a prescribed class of persons who may obtain temporary resident status and who have been issued student permits. Hence, foreign students have the same obligations as temporary residents.

Under the current Act, all exemptions from the requirement to obtain a student authorization are provided for in the associated regulations. Because access to education is a fundamental principle, the Immigration and Refugee Protection Act provides that minor children in Canada may study at the pre-school, primary or secondary level, with the exception of the minor children of temporary residents who are not authorized to work or study. These Regulations apply in particular to children of refugee claimants.

Any temporary resident may now study in Canada without a permit if the course or study program lasts for six months or less. Under the old system, this exemption was only granted for courses in English and French as a Second Language of three months or less.

The exemption period has been increased from three to six months in order to harmonize it with the length of stay normally authorized for visitors. The Regulations state that, despite this exemption, students may obtain a student permit before applying for authorization to enter Canada. This will allow them to apply later, in Canada, for an extension or for changes to the conditions imposed when they entered in order to pursue studies over a longer period of time.

The new provisions allow officers to refuse to issue or renew student permits for foreign nationals who previously studied without a permit or who failed to comply with the conditions imposed when they entered the country, unless one year has passed since their infringement. Under the old system, a visitor's infringement of the Act, or of the conditions of his of her entry to Canada, was used only as a reason for not issuing an employment authorization.

In addition, under the old system, students and visitors who failed to comply with the conditions of their admission to Canada could avoid being the subject of a removal action by leaving Canada voluntarily. These students and visitors could obtain new student authorizations if they met the financial requirements, if they were registered at an accepted educational institution and if the course in question made them eligible to apply for a student authorization. These provisions created a legislative gap that made it possible to circumvent the requirements of the Act with impunity.

Schedule III, which proscribed certain institutions, was not retained because one of the regulatory requirements for obtaining a student permit is that the course must be given by an educational institution that is either governed by a federal statute or charter, or is provincially regulated, or publicly funded. Most of the institutions in Schedule III no longer exist, and the one that does still exist, does not meet the requirements that would allow a foreign national to obtain a student permit.

Alternatives

Because education falls under provincial jurisdiction, the requirement for a student permit could be completely eliminated and foreign students treated as visitors. This alternative was not adopted because it would result in inconsistent application across Canada and would not allow us to ensure that the proposed studies were not potentially injurious to Canadian security. The information captured from study permits is important; it tells us about the type of courses these students are taking, where they are enrolling, where they are from, their numbers and their gender. If necessary, the information can be used in analyses and to maintain the integrity of the program. Finally, it helps us assess the economic impact on Canada and helps our partners in educational institutions target potential markets.

Benefits and Costs

Benefits

Study permits and the requirements for obtaining them were retained in the new IRP Regulations as a control measure to allow us to verify, before granting entry into Canada, that financial provisions have been made to ensure the student's well-being while in Canada, that the foreign national is not taking courses that would be injurious to Canadian security and that the educational institutions will not be used to circumvent the provisions relating to the limits of a temporary stay.

The purpose of allowing minor children to study without a student permit is to facilitate access to education for all minor children in Canada by reducing the administrative procedures. After presenting documentation indicating the purpose of the stay, other than tourism, the provincial authorities and educational institutions may be contacted in order to register the child.

Allowing foreign nationals to take courses or study programs in Canada of six months or less without study permits facilitates the recruitment of foreign students for short periods of study in Canada while eliminating additional administrative procedures. This helps our partners in educational institutions to compete with other countries and increase their share of the market of international students.

In 2000, more than 15 000 student authorizations were issued to people who would not need them under the new Act. This represents 20 percent of all applications processed. Client service will be improved significantly from the point of view of foreign students as they will no longer need to contact an office abroad if they are from a country that is exempt from the requirement to obtain a Canadian temporary resident visa. Having 20 percent fewer student permit applications to process will allow visa offices located in countries that are exempt from the requirement to obtain a temporary resident visa to allocate some of their human resources to other priority activities.

In addition to increasing our share of the market, this generates significant economic benefits for Canada, since each foreign student spends an average of $20,000 per year on tuition fees and living expenses.

Authorizing officers to refuse study permit applications from foreign nationals who have failed to comply with the Act, unless one year has passed since their last infringement, enhances program integrity. In addition, these provisions encourage foreign nationals to respect their obligations, including the imposed conditions, and to comply with the Act.

Finally, establishing criteria in the Regulations that make it possible to identify the educational institutions for which study permits may be issued, helps ensure consistent application and makes it possible to consider newly created educational institutions using the same parameters.

Costs

The direct cost of the new provision allowing students to take courses or study programs of less than six months without a student permit is a net loss of $1,185,000 in annual revenue. This net loss in annual revenue represents the difference between the annual revenue of $1,875,000 from the processing fees for more than 15 000 student permit applications and $690,000 from the annual processing fees in connection with applications for multiple entry temporary resident visas for students from non-exempt countries.

Consultation

Numerous organizations were consulted throughout the legislative review process, including the provincial governments, and their departments of education, as well as the Council of Ministers of Education, Canada (CMEC). The non-governmental organizations consulted are mainly connected to education, the recruitment of foreign students, associations of public and private sector institutions and representatives of academic, technical and professional institutions. The following are but a few examples of organizations that were consulted:

— The Advisory Committee on International Students and Immigration (ACISI), which includes representatives of public and private sector educational institutions

— Canadian Association of Private Language Schools (CAPLS)

— Association of Canadian Community Colleges (ACCC)

— Association of Universities and Colleges of Canada (AUCC)

— Air Transport Association of Canada (ATAC)

— Canadian Bureau for International Education (CBIE)

— Canadian Education Centre Network (CECN).

Compliance and Enforcement

Foreign nationals who do not meet the requirements for a student permit will not be issued one. Foreign nationals who obtain this permit and do not comply with the obligations of a temporary resident and the imposed conditions may be reported as inadmissible under subsection 44(1) of the Act and, as a result, have a removal order made against them.

In addition, the IRP Regulations state that student permits will not be issued to foreign nationals who previously studied without a permit or who failed to comply with their obligations. This provision should have the desired deterrent effect so that students will comply with the requirement to obtain a student permit and with their obligations as temporary residents.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, Ottawa, Ontario K1A 1L1, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).

IV — EXAMINATION OF PERSONS SEEKING ENTRY TO CANADA — PART 3, DIVISION 5

Description

The Immigration and Refugee Protection Act requires persons seeking entry to Canada to appear for an examination to determine whether they have a right to enter Canada or may be authorized to enter and remain in Canada.

Purpose of these provisions

The intent of the provisions respecting the examination of persons seeking entry to Canada is:

— to provide detailed, clearly defined rules governing the conduct of examinations and specify the requirements for persons seeking entry into Canada;

— to establish reasonable limits on the scope of the examination powers of officers; and

— to ensure transparency and consistency in the application of the Act.

What the regulations do

With regard to the conduct of examinations of persons seeking to enter Canada, the IRP Regulations:

— prescribe where a person seeking entry to Canada must report for examination;

— clarify when an examination concludes;

— provide for alternative means of examination whereby a person does not have to appear before an officer at a port of entry;

— allow a foreign national who is believed to be inadmissible to withdraw from Canada;

— define crew members and clarify which persons are not members of a crew;

— allow persons to come into Canada pursuant to the Mutual Legal Assistance in Criminal Matters Act;

— guarantee entry to persons in possession of a valid Canadian Convention Refugee Travel document; and

— specify that foreign nationals, seeking to enter Canada as a temporary residents or to become permanent residents, must hold a passport or travel document from a prescribed list.

The Regulations also provide authority to officers for various actions with respect to examinations that cannot be completed. They specify that:

— conditions are to be imposed on persons who are authorized to enter Canada for further examination;

— a person, who an officer is unable to examine, is to be directed to leave Canada; and

— a foreign national or permanent resident is to be directed to return to the United States if no officer is able to complete an examination, the Minister is not available to consider a report made on the person, or an admissibility hearing cannot be held by the Immigration Division.

With reference to in-transit passengers, the Regulations:

— provide definitions of key terms such as "in-transit passengers," "in-transit pre-clearance passengers" and "sterile areas";

— exempt certain in-transit passengers from the requirement of presenting themselves for examination, provided that they remain in a sterile area pending their departure from Canada; and

— maintain the authority to examine in-transit passengers, if necessary.

The Regulations provide authority for the taking of guarantees and deposits. They:

— allow an officer to require the posting of a performance bond or cash deposit in order to guarantee compliance of a person or group of persons seeking to enter Canada;

— define who has the capacity to post a cash or performance bond; and

— provide for the return of any money posted when a person, subject to a bond, has complied with all conditions imposed and the forfeiture of monetary bonds when the person fails to comply with the conditions imposed.

What has changed

The Immigration and Refugee Protection Regulations:

— allow for airline travellers to transit through Canada without being examined, although an examination may be conducted if such is believed warranted;

— clarify when an examination of a person seeking to enter Canada ends; specifically, this would be:

— make provision for facilitative entry programs (such as CANPASS) and allow for automatic screening of persons seeking to come into Canada; and

— require mandatory conditions to be imposed on persons who are allowed to come into Canada for the purpose of further examination.

The examination regulations, the substance of which were previously in the Act, include:

— the definition of member of a crew to include 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;

— the requirement to allow persons returning to Canada under the Mutual Legal Assistance in Criminal Matters Act to come into Canada;

— the authority to direct persons back who cannot be examined and to direct persons to return to the United States, when an officer is unable to complete an examination, the Minister is unavailable to consider an inadmissibility report or when an admissibility hearing cannot be held by the Immigration Division; administrative guidelines will provide for instructions requesting the officer to inform the person as to when he or she may return to be examined or to attend their admissibility hearing;

— the authority to allow persons, believed to be inadmissible, to withdraw their application for entry to and leave from Canada; the new Regulations specify situations in which a person will not be allowed to withdraw their application for entry; in these circumstances, a report will be required; and

— the provision for the posting of cash deposits and performance bonds and for their forfeiture in the event of non-compliance; the Regulations now also outline conditions that a person must satisfy before they may post a bond.

Alternatives

The Immigration and Refugee Protection Act is framework legislation and, as such, procedural aspects relating to the examination of persons seeking to enter Canada were not appropriate for inclusion in the Act. Given the importance of transparency and the need for compliance by applicants, placing these matters in the regulations is the only suitable alternative.

Benefits and Costs

Benefits

The Regulations enhance the safety and security of Canadian society by providing clear and transparent rules for the examination of persons seeking entry to Canada. Mandatory conditions ensure that standard conditions are imposed on persons who are allowed into Canada pending an admissibility decision.

In-transit provisions:

— facilitate travellers who are transiting through Canada by not requiring that everyone undergo an examination;

— eliminate the requirement to examine travellers who are not seeking to enter Canada and enable a more effective deployment of available resources;

— provide for flexibility by allowing for examination of in-transit passengers, if necessary; and

— enable airlines operating in Canada to offer international travellers additional choices with regard to connections for ongoing travel.

Facilitative entry programs and automatic screening of frequent, low-risk travellers simplify the examination process for frequent, low-risk travellers and free up resources to allow Customs and Citizenship and Immigration Canada officers to focus on higher-risk travellers.

Costs

Most of the new regulations respecting the examination of persons seeking to enter Canada are procedural and will not, in themselves, entail additional costs. However, the announcement, on October 12, 2001, of measures to strengthen Citizenship and Immigration Canada's ability to move quickly on security issues will have significant resource implications. These measures include upgraded security at ports of entry and front-end security screening of refugee claimants.

Training for staff will be done in conjunction with the implementation of the new legislation.

Consultation

A consultation document entitled Proposed Regulations: Consultation Process was circulated to immigration and refugee stakeholders. This document included detailed proposals for the examination regulations. Consultations took place with groups which included the United Nations High Commission for Refugees, the Canadian Council for Refugees, the Canadian Bar Association, the Association of Immigration Counsels of Canada and the Canadian Immigration Policy Council. Other non-gouvernmental organizations were also invited to give written comments.

The Canadian Bar Association recommended that all examinations should end once a person leaves the port of entry. This recommendation was not adopted since there are cases on which admissibility decisions are made after a person leaves the port of entry. It is important that the person remain under examination until a final decision has been made.

Compliance and Enforcement

All officers will receive training on the Immigration and Refugee Protection Act and Regulations. Officers at ports of entry and at inland offices will enforce the new Act and Regulations and ensure compliance with immigration examination requirements. Customs officers working the primary inspection line at ports of entry are designated as officers for the purpose of conducting examinations and will also receive training prior to implementation so that they will be able to apply the new legislation as it relates to examinations.

Information about new in-transit provisions and the availability of facilitative entry programs will be made public.

Contact

Dick Graham, Director, Legislative Implementation, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 941-8331 (Telephone), (613) 946-2566 (Facsimile).

V — MEDICAL EXAMINATION AND INADMISSIBILITY ON HEALTH GROUNDS —PART 3, DIVISION 5, AND PART 12

Description

The Immigration and Refugee Protection Act (the Act) provides for the medical examination of foreign nationals (section 16) and the determination of inadmissibility on health grounds if a foreign national's health condition is likely to be a danger to public health or to public safety, or might reasonably be expected to cause excessive demands on health or social services (section 38). These sections are designed to protect the public health and safety of Canadians and to reduce the impact on Canada's publicly funded health and social services systems from excessive demands. The Act recognizes that certain immigrant groups have compelling humanitarian and compassionate reasons to enter Canada, and thus facilitates immigration processing by exempting these groups from excessive demand assessment.

Purpose of these provisions

The intent of these provisions is:

— to establish a framework for deciding when the health condition of a foreign national is likely to pose a danger to public health and safety or would impose an excessive demand on health or social services;

— to inform foreign nationals of health standards for admissibility to Canada as well as the medical screening procedures and requirements with which they must comply;

— to provide a legal basis for requiring applicants for permanent resident status and certain applicants for temporary resident status, to undergo a medical examination.

What the regulations do

The medical regulations:

— specify that certain factors are to be considered in evaluating whether the medical condition of a foreign national is likely to constitute a danger to public health or to public safety or whether that person's admission might reasonably be expected to cause excessive demands on health or social services;

— define what is meant by excessive demand;

— define what is meant by the term "medical examination" and specify who may conduct such an examination;

— specify those foreign nationals who are required to undergo the medical examination;

— provide authority to refer persons for medical surveillance when this is required for public health reasons and specify the conditions that may be imposed on the entry of those who are required to undergo medical surveillance; and

— provide supportive detail necessary for the application and administration of the health related provisions of the Act.

What has changed

The most significant changes are the definition in regulation of "excessive demand" and the exemption of those immigrants admitted on humanitarian grounds from assessment against the excessive demand criteria. Exceptions to the inadmissibility provisions on excessive demand are specified in subsection 38(2) of the IRPA.

Definition of excessive demand

The concept of "excessive demand" is defined to provide greater clarity to the term. When determining whether an individual is likely to create excessive demand, an officer is to compare the costs of anticipated health or social services for that individual against the average Canadian per capita health and social care costs over the same period of time, or whether the anticipated health or social services requirement would add to existing waiting lists, and would increase mortality or morbidity in Canadian citizens or permanent residents as a result of the prevention or delay of the provision of those services. The cost threshold is determined by multiplying the average Canadian per capita health and social service cost by the number of years used for the medical assessment window of the individual applicant. This per capita cost is published annually by the Canadian Institute for Health Information and will be used to update the cost threshold calculation.

Alternatives

There is no acceptable alternative to regulation. Guidelines and voluntary standards would not provide sufficient transparency and objectivity to health inadmissibility concepts, including excessive demands, to satisfy the requirements of applicants for entry to Canada.

Benefits and Costs

Benefits

The regulations assist officers and applicants for entry to Canada by clearly describing the concept of excessive demands which is intended to protect Canada's publicly funded health and social services systems from undue demands.

Costs

The Department will experience low to intermediate costs with implementing excessive demands, as additional resources will be required to develop supportive information. The ongoing departmental costs are expected to be low.

The excessive demands provision will apply to immigrants (except those exempted) and certain visitors. Some of these individuals will be deemed inadmissible on excessive demands grounds and will not be permitted to enter Canada.

Consultation

Extensive consultations have taken place on health inadmissibility issues and the excessive demands exemptions. Through various methods, including bilateral meetings and written submissions, provincial and territorial officials responsible for immigration, health and social services have been consulted. Non-governmental organizations have also been consulted via the legislative review process.

Compliance and Enforcement

Applicants for permanent residence and, in certain cases, temporary entry to Canada, will be required to undergo medical examination to determine their health admissibility. Those applicants who do not comply with the medical examination requirement will be considered to have abandoned their application for entry to Canada.

Foreign nationals in Canada who fail to undergo a required medical examination or any medical procedure that is required as a part of that examination, or who fail to abide by the terms of any follow-up medical surveillance imposed as a condition of entry, may be reported pursuant to subsection 44(1) of the Act and ordered removed from Canada.

Contact

Dr. Neil Heywood, Director, Immigration Health Policy and Standards, Medical Services Branch, Citizenship and Immigration Canada, Jean Edmonds North Tower, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 957-5939 (Telephone), (613) 954-8653 (Facsimile).

VI — PERMANENT RESIDENT CARD — PART 4, DIVISION 1

Description

The Immigration and Refugee Protection Act (IRPA) contains provisions requiring that permanent residents be provided with a document indicating their status in Canada. Section 32(f) of the IRPA authorizes the creation of the Regulations pertaining to the issuance of a status document for permanent residents (permanent resident card).

Purpose of these provisions

The intent of the provisions is to:

— specify the circumstances in which the permanent resident card is to be provided to persons who become permanent residents under the new Act;

— outline the circumstances in which the permanent resident card is issued on application to permanent residents who were landed under previous Acts or who, having become permanent residents under the IRPA, did not receive a card;

— outline the circumstances in which the permanent resident card is renewed or revoked as well as specifying the procedures concerning applications in these circumstances;

— establish that the permanent resident card is the property of the Canadian government; and

— oblige transportation companies to request this card prior to boarding passengers who claim to reside in Canada as permanent residents and who are citizens of countries that are not visa exempt.

What the regulations do

The permanent resident card regulations establish that persons who become permanent residents under the IRPA will be provided with the permanent resident card after their entry to Canada and that permanent residents who have been landed prior to the entry into force of the IRPA will receive a permanent resident card on application.

The IRPA provides for the issuance of a travel document to permanent residents who are outside of Canada without a permanent resident card and who will need to present a prescribed document to a transportation company.

The new regulatory provisions prescribe:

— the general conditions an applicant must meet for the issuance of a permanent resident card;

— the circumstances in which the permanent resident card is to be issued;

— the circumstances in which the permanent resident card is to be renewed and in which renewal can be refused;

— the circumstances in which a permanent resident card is subject to revocation; and

— the permanent resident card (or the travel document for permanent residents in lieu of the card) to be "prescribed documents" for the purposes of meeting transportation companies' obligations under section 148 of the IRPA not to carry to Canada a permanent resident who does not hold a permanent resident card.

What has changed

The requirement in subsection 31(1) of the IRPA to provide permanent residents and protected persons with a document indicating their status is new in law, as is the presumption that a person in possession of such a document is a permanent resident unless an officer determines otherwise. Also new is the presumption that a person outside Canada who is not in possession of a permanent resident document is not a permanent resident. Citizenship and Immigration Canada (CIC) has for many years provided permanent residents with proof of landing in the form of a paper copy of the immigrant visa (form IMM 1000). Legally, this document served only as evidence of the fact of landing, its possession was not regarded as presumptive proof of status.

For the first time, Canada is issuing a renewable, secure, proof-of-status document valid for five years. The regulations on the permanent resident card are unprecedented in Canadian immigration legislation. The IMM 1000 was issued as a matter of administrative procedure and did not require regulations.

Alternatives

The IRPA is framework legislation. Procedures relating to the issuance of status documents for permanent resident cards are not appropriate for inclusion in the Act. Including such provisions in administrative guidelines was also considered. However, given the importance of transparency, the need for guidance to staff, and to ensure compliance on the part of applicants and transportation companies, regulations are the only suitable alternative.

Benefits and Costs

Benefits

The permanent resident card provides permanent residents with a convenient document that will facilitate their return and entry into Canada by providing a presumption of their status as permanent residents in Canada.

These provisions are being introduced in support of the issuance of a secure status document to reduce the incidence of fraud and misuse associated with the current record of landing document (IMM 1000). These provisions serve as an integral component ensuring the safety and security of Canadian society.

These provisions also assist transportation companies in their duty to verify that passengers destined to Canada are properly documented.

Costs

Significant costs will be incurred in establishing the infrastructure for the production and implementation of the permanent resident card. A portion of these costs will be recuperated through a cost-recovery fee.

Intermediate costs are expected with regard to a communications package to inform the public and our stakeholders concerning the requirements and procedures to obtain the card.

The cost relating to training of staff will be provided in the required training related to the new legislation. The portion that relates to the permanent resident card is expected to be modest.

A reduction in fraud and misuse related to the current record of landing (IMM 1000) may result in some cost savings throughout the Immigration Program as well as savings for airlines, law enforcement agencies, municipalities and other government agencies.

Consultation

Throughout the process of developing Bill C-11 and the Regulations, the Department has undertaken consultations with stakeholders, immigration and refugee advocacy groups, special interest groups and practitioners. Among the groups consulted were the United Nations High Commissioner for Refugees, the Canadian Council for Refugees, the Canadian Bar Association, the Organization of Professional Immigration Consultants, the National Association of Women and the Law and the Canadian Immigration Policy Council. Groups were also invited to give written comments. No specific concerns were raised about these regulations.

Compliance and Enforcement

Applications that fail to provide all information specified by the regulations will not be processed and will be returned to the applicant.

Permanent residents who do not present their permanent resident card (or a travel document issued in lieu of such a card) may be denied boarding with a transportation company.

Transportation companies that fail to respect their obligation may be liable to pay administrative fees and removal costs if it is established that the permanent resident is seeking to enter Canada at the time the permanent resident has lost status.

The Act and the Regulations put no obligation on permanent residents who do travel with a transportation company to hold a permanent resident card. In consequence, not being in possession of a permanent resident card in Canada, including at a port of entry, will not result in any enforcement action. Permanent residents who cannot satisfy an officer of their status may be refused entry. Permanent residents who may have lost their status may be the subject of an inadmissibility report. They will, nevertheless, be authorized to enter Canada while the enforcement process takes place.

When seeking to enter Canada, permanent residents are not required to present such a card to satisfy an officer of their status. However, if one is presented, unless the officer determines that the holder has lost permanent resident status, the permanent resident card carries a presumption that the person is a permanent resident.

As is currently the case, permanent residents seeking to enter Canada can satisfy an officer of their status by any means acceptable to the officer.

Contact

Dick Graham, Director, Legislative Review, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 941-8331 (Telephone), (613) 946-2566 (Facsimile).

VII — OBLIGATIONS OF PERMANENT RESIDENTS — PART 4, DIVISION 2

Description

The Immigration and Refugee Protection Act (IRPA) establishes residency requirements and obligations with respect to each five-year period after the granting of permanent residency status. Pursuant to subsection 28(2), a permanent resident complies with the residency obligation provisions if, for at least 730 days in that five-year period, the permanent resident is physically present in Canada or is:

— outside Canada accompanying a Canadian citizen who is his or her spouse or common-law partner or is a child accompanying a parent;

— outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or

— is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

The residency obligation in the IRPA is substantially different from the current provisions wherein retaining residency depends on satisfactory demonstration of intent not to abandon Canada as a person's place of permanent residence.

Section 32 of the IRPA authorizes the making of regulations relating to the application of the residency obligation, including rules for calculating applicable days and periods.

Purpose of these provisions

The intent of the regulations on the obligations of permanent residents is:

— to prescribe flexible, clear and objective rules and criteria for establishing and determining compliance with the residency obligation provisions of the IRPA;

— to assist decision-makers in assessing factors related to residency status determinations and to increase transparency and consistency in decision making; and

— to prescribe rules for calculating days of physical presence in Canada for the purpose of determining compliance with the residency obligation of section 28 of the IRPA.

What the regulations do

The residency obligation regulations provide definitions and describe situations, in addition to those outlined in section 28 of the IRPA, in which time spent away from Canada can be deemed to be time in Canada for the purpose of retaining permanent resident status. The regulations allow permanent residents greater flexibility to engage in a wide range of long-term employment opportunities abroad while still maintaining ties to Canada through a variety of links with either the public service or businesses in Canada. The regulations also specify how close family members who are permanent residents can accompany a permanent resident who is employed abroad without the risk of losing their status.

Specifically, the regulations:

— define "Canadian business" for the purpose of residency obligation considerations.

The definition applies to both large and small businesses and includes federally or provincially incorporated businesses that have an ongoing operation in Canada; other enterprises that have an ongoing operation in Canada, are capable of generating revenue, are carried out in anticipation of profit and in which a majority of voting or ownership interests are held by Canadian citizens, permanent residents or Canadian businesses; and organizations or enterprises that have been created by the laws of Canada or a province. It does not include businesses that have been created primarily for the purpose of allowing a permanent resident to satisfy his or her residency obligation while residing outside of Canada.

— describe "employment outside of Canada."

The regulations enable permanent residents to comply with the residency obligation while working abroad, provided that they are under contract to, or are full-time employees of, a Canadian business or in the public service, and are assigned on a full-time basis, as a term of their employment or contract, to a position outside Canada with that business, an affiliated enterprise or a client.

— describe "accompanying outside Canada."

The regulations provide that each day a permanent resident is outside of Canada accompanying a permanent resident or Canadian citizen is deemed a day of physical presence in Canada, provided that the person accompanied is a spouse, common-law partner or parent with whom he or she ordinarily resides. In situations where the person being accompanied is also a permanent resident, only the days on which that person is in compliance with residency obligations may be counted as days of physical presence in Canada by the accompanying permanent resident.

— define "child" for the purpose of satisfying the residency obligation provisions.

For the purpose of subparagraphs 28(2)(a)(ii) and (iv) of the IRPA, "child" is defined as a child of a Canadian citizen or permanent resident, including a child adopted in fact, who has not and has never been a spouse or common-law partner and is less than 22 years of age.

— prescribe rules for calculating applicable days of physical presence in Canada.

The regulations specify the period, after an officer has made a decision that a permanent resident has failed to comply with the residency obligation, that cannot be considered by the Immigration and Refugee Board (IRB) during an appeal as days of physical presence in Canada for the purpose of satisfying the residency obligation. This rule will not apply in cases where the permanent resident is subsequently determined to have complied with the residency obligation.

What has changed

These regulations are necessarily different from the current regulations because they support and complement residency obligation provisions that are substantively different from those in the current Immigration Act. The residency obligation in IRPA is based on a period of physical presence in Canada with provisions for prolonged absences from Canada (three years out of every five-year period for any reason). In certain circumstances permanent residents, including accompanying family members, are allowed even longer absences when they are employed abroad. Moreover, humanitarian and compassionate considerations, including the best interests of a child, will be taken into account in all residency obligation status determinations and, when justified, will overcome any breach of those obligations occurring prior to the determination.

By contrast, current legislation is based on a highly subjective principle of intent not to abandon Canada as the place of permanent residence. Currently, if a permanent resident is absent from Canada for more than six months in any 12-month period, he or she is deemed to have abandoned Canada unless he or she is able to satisfy an immigration officer that there was no intention to do so. Criteria for determining residency status are in the regulations. These contain exceptions allowing for longer absences if the person is employed by or representing a Canadian government body, corporation or business organization established in Canada; upgrading professional, academic or vocational qualifications; accompanying a family member who is a Canadian citizen; or has been issued a returning resident permit; or in other circumstances that an officer deems appropriate. The provisions are difficult to administer, create uncertainties about status and the standards that are to be met, and lead to inconsistencies in decision making.

Alternatives

Residency obligation provisions can significantly affect permanent residents and their immediate families when they are outside Canada for lengthy periods of time. It is essential that the criteria describing specific circumstances under which permanent residency status may be retained during prolonged absences are transparent and objective. Although the specific descriptions, definitions and rules concerning residency obligation criteria could be addressed in administrative guidelines, reliance on non-binding guidelines would be less effective than regulations in ensuring consistency and transparency in decision making.

Various options were considered in establishing criteria for complying with the residency obligation. The objective was to achieve an appropriate balance between allowing long-term absences, ensuring permanent residents would maintain genuine ties to Canada and limiting the potential for abuse. A more restrictive definition and provision for "Canadian business" and "employment abroad" were considered. This option was rejected as it did not provide sufficient flexibility in the types of employment opportunities a permanent resident could engage in while abroad. Consideration was also given to the option of allowing studying abroad as another means of compliance with the residency obligation. This option was rejected because the IRPA already provides a sufficiently generous time period for absences outside of Canada for any reason, including studying abroad.

Benefits and Costs

Benefits

Permanent residents will have more certainty of the standards to be met for retaining their status. Objective criteria will enable decision-makers to more effectively evaluate residency obligation compliance and achieve consistency in decision making.

Permanent residents will benefit from the broad criteria and inclusive definitions provided in the regulations. The regulations enhance the circumstances under which permanent residents may participate in long-term employment opportunities outside Canada while continuing to satisfy the residency obligation through their ties to a Canadian business.

Various Canadian businesses, organizations and the public service will enjoy indirect benefits from expertise, knowledge, and training that permanent residents on assignments abroad will gain and bring back to Canada.

Costs

The costs associated with the residency obligation regulations are expected to be modest and will mainly be related to training in the application of provisions and processing procedures. This training will form part of the overall training package developed for the implementation of the IRPA.

Changing the criteria for assessing residency obligations is not expected to have a significant impact on operational costs. However, given the transparency and objectivity of the new criteria, some savings are expected in processing times and in litigation expenditures.

Under the current legislation, permanent residents are able to apply for a Returning Resident Permit to serve as a means of proving their intent not to abandon Canada if they plan to be away from Canada for more than six months in a one-year period. A cost-recovery fee of $75 is assessed for processing these applications. Returning Resident Permits will no longer be issued under the IRPA. Compliance with residency obligation provisions will be assessed when applications for status documents are received. Accordingly, the financial impact, specifically associated with changes in the criteria for assessing residency obligation compliance, is expected to be low.

Consultation

Throughout the process of developing Bills C-31 and C-11, numerous discussions and informal consultations have taken place in various forums with a broad range of stakeholders and provincial governments.

A paper was distributed for discussion with various key stakeholders such as the Canadian Bar Association (CBA) and the Organization of Professional Immigration Consultants. The CBA was concerned about the definition of "Canadian business" which it strongly recommended should not be limited to direct employment and remuneration by a Canadian employer but should also allow for situations involving intra-company transferees.

Citizenship and Immigration Canada heard from other groups and individuals as well. Generally, the majority of respondents favoured provisions using less restrictive rules for allowable long-term absences from Canada. Following consultations, regulations were modified as follows:

— reference to remuneration was removed from eligibility criteria for employment outside of Canada;

— provisions for employment outside Canada were broadened so as to allow for employment assignments with affiliated enterprises and clients of Canadian businesses; and

— the definition of "Canadian business" was made more inclusive.

Compliance and Enforcement

Applicants are subject to examination and status determinations upon application to visa offices abroad, ports of entry and inland offices. Loss of status decisions, based on non-compliance with section 28 obligations, are subject to rights of appeal to the Immigration Appeal Division of the IRB. Final determinations of non-compliance will result in loss of permanent resident status.

Training will be given to decision-makers and all staff involved in the assessment and processing of the residency obligation criteria and status determinations. Training and guidance will be provided through manuals and training sessions. Application kits will be available to applicants and will include the necessary information and instructions regarding preparation and compliance.

A quality assurance program is in place for monitoring and evaluating compliance. Applications concerning residency obligation and status determinations will be screened and evaluated.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).

VIII — SKILLED WORKER CLASS — PART 5, DIVISION 1, AND PART 16

Description

Subsection 12(2) of the Immigration and Refugee Protection Act (IRPA) provides for the selection of immigrants as members of an economic class based on their ability to become successfully established in Canada. These regulations create such a class. The Economic Class includes the following subclasses: the Skilled Worker Class, the Quebec Skilled Worker Class and the Provincial Nominee Class. The regulations for the Skilled Worker Class establish the selection criteria and prescribe the weight to be given to each selection factor. These requirements will be applied to all applications for the Skilled Worker Class received after the coming into force of the IRPA and to applicants who had applied before the coming into force who have either not had a selection interview or had a decision by an officer to waive their selection interview.

The need for program change

IMPROVE THE ECONOMIC SUCCESS RATE OF SKILLED WORKER IMMIGRANTS

— by updating the selection system to reflect the need of the modern labour market.

The current selection system, originally crafted in the late 1960s, was built around an "occupational demand" micro-management model. This model envisages the Government matching an immigrant's single "intended" occupation to narrow Canadian labour market demand niches. In the modern, dynamic Canadian economy, this form of micro-management is no longer practicable or desirable — occupational demand may change faster than governments can adapt and immigrants are not selected on the basis of flexible skills. Additionally, in the modern labour market, individuals' occupations and careers tend to be more varied, making the single "intended occupation" premise increasingly outdated.

This was the conclusion of the Prime Minister's Advisory Council on Science and Technology Expert Panel on Skills in its 1998 report entitled Stepping Up: Skills and Opportunities in the Knowledge Economy:

The rapid change in the demand for skills and the continuous emergence of new skill sets means that the present Skilled Worker selection system, focused as it is on an essentially static list of "occupations in demand", cannot meet the needs of our dynamic economy.

The present selection system is heavily biased in favour of professional education, as the Education, Experience, and Educational and Training factors, taken as a whole, place more emphasis on university-educated applicants as opposed to those with skilled trade or technical occupations. Canada's modern labour market values all forms of quality education and training, not just those that lead to a university degree.

— by selecting Skilled Worker immigrants who will perform better economically in Canada.

The Skilled Worker selection model is designed to identify economic immigrants who will be able to provide a significant economic benefit to Canada. This is not to imply that economic immigrants do not also provide important social benefits to Canada, but the primary goal of their selection should be their positive economic impact. Not only is this beneficial to Canada, but to the immigrant as well. Prior to 1988, economic immigrants consistently averaged higher employment earnings than the general Canadian population, even as early as one year after they arrived in Canada.

Historically skilled worker immigrants have economically outperformed other immigrants and have even economically outperformed the average Canadian worker. While still outperforming other immigrants, the performance of new skilled worker immigrants in the 1990s has fallen below that of the average Canadian tax filer, as shown in Table 1 below.

It is now taking university-educated immigrants up to 10 years to reach the employment earnings of comparably educated Canadians. Canadian unemployment and social assistance data also show the less successful record of recent Skilled Worker immigrants over those who arrived in the 1980s. While there are, no doubt, many factors responsible for this trend, the present outdated and unresponsive selection system has played an important role.

The current selection system permits the selection of individuals with lower levels of educational attainment. For example, approximately 10 percent of Skilled Worker immigrants now have a secondary level education or less. Yet, in the modern knowledge-based Canadian labour market, over 70 percent of new jobs in Canada require some form of post-secondary education, and Human Resources and Development Canada (HRDC) predicts that fewer than 6 percent of job openings in the next five years will be available for those with less than a high school education. It is not in the long-term interest of the Canadian economy to select economic immigrants who will have such narrow labour market options upon their arrival in Canada.

The present selection system does not recognize the considerable economic and social benefits to Canada of having skilled immigrants with direct Canadian experience. There is considerable evidence that employers place a premium on Canadian work experience and education.

MAINTAIN THE QUANTITY

— by ensuring that the new selection system can respond to the looming demographic crunch.

The skilled workers, business immigrants, family members and refugees who enter Canada through our immigration program are increasingly important to maintaining a strong and skilled labour force. These same people also strengthen Canada's social fabric and cultural diversity.

The exit from the labour force, over a short period of time, of millions of mature workers (the baby boomers) will leave not only a labour force smaller than otherwise but a less experienced one as well. Due to these demographic shifts immigration already accounts for over 70 percent of net labour market growth and it is projected that by 2011 it will account for 100 percent of such growth.

IMPROVE TRANSPARENCY

— by ensuring that assessments are more objective and based upon consistent standards.

Many of the current selection factors rely on subjective assessments by visa officers. The Personal Suitability factor, for example, was designed to be a subjective assessment of an applicant's ability to successfully establish in Canada. Under this factor, visa officers must evaluate clients on a scale of 0-10, but no guide to scoring standards has been or could be produced, leading to inconsistency between individual offices and officers. Due to the absence of an objective standardized test, the Language factor has also often been criticized as being unduly subjective. At the present time applicants are required to demonstrate that they have sufficient funds to support themselves during the period of their initial establishment in Canada, but the 1978 Regulations do not provide clear rules on the standards to be met. Again this leads, in practice, to considerable inconsistency in how applications are assessed at different offices and by individual officers.

A selection system based upon high levels of subjectivity is bound to result in a lack of transparency for the applicant and may lead to a situation where case outcomes are overly influenced by which officer or at which office the file is reviewed. The Auditor General in his recent report on the Economic Component of the Canadian Immigration Program argued that:

The selection criteria must be relevant and measurable. Officers must have the skills and knowledge needed to process applications. They must have efficient and effective tools for evaluating the criteria and detecting misrepresentations.

— by reducing mixed messages on the reason for selection.

In a fast-changing labour market the Government can no longer be expected to match specific immigrants with specific occupational vacancies. Yet when the Government selects immigrants, as we do now, on the basis of the General Occupation List (GOL) of intended occupations (colloquially known as the "occupational demand list"), it sends a message that immigrants will be able to easily find employment in their occupation in Canada.

— by employing a selection system that is client-friendly.

The present selection system is often criticized for being overly complicated, particularly as it relates to the Education and Training factor. The selection system encourages "occupational tailoring" whereby curriculum vitae are rewritten so as to justify applying in an occupation that is on the GOL rather than depicting more accurately an occupation which is not on the GOL. This curriculum vitae manipulation, while critical for immigration purposes, has no relevance once the applicant receives permanent residence status as, once in Canada, they may work in any occupation whether or not that occupation is on the GOL.

— by managing the workload of applications more efficiently.

The number of applications in the system awaiting assessment increases every year. Currently, the inventory of Skilled Worker cases totals over 170 000 cases involving more than 400 000 people. Between 1997 and 2000, the number of immigrant applications in all classes increased by 46 percent. At present, 50 percent more applications are being received than are needed to meet program targets. The number of cases is increasing due to a number of factors, including the global increase in the movement of people. An ever-growing inventory is detrimental to the Department's ability to process applications as quickly and efficiently as possible and also to attract the best and the brightest to Canada. If potential skilled workers find they must wait several years to be processed, they will look elsewhere to immigrate and Canada will lose their skills. Canada sets projected immigration levels every fall.

The 1978 Regulations do not allow the Minister to amend the pass mark in order to manage the Skilled Worker program. The management of immigration levels requires the Minister to be able to amend the pass mark as necessary.

What the Skilled Worker regulations do

The new regulations provide for the selection of Skilled Worker immigrants based on a human capital approach — for their flexible skills — rather than intended occupation. They require that Skilled Worker applicants have at least one year of work experience in the past 10 years in any skilled occupation with no further differentiation among these occupations. The regulations are based on an improved and more objective points system that has been arrived at following extensive research and consultation over the past four years with the public and key immigration stakeholders including provincial governments.

The New Selection Grid

EDUCATION	Maximum 25
Doctorate & master's degrees and total of 17 years of full-time study	25
Bachelor's degree requiring 3 years full-time studies and total of 15 years of full-time study OR Diploma, trade certificate or apprenticeship requiring 3 years full-time studies and total of 15 years of full-time study/training	20
Diploma, trade certificate or apprenticeship requiring 2 years full-time studies and total of 14 years of full-time study/training	15
Diploma, trade certificate or apprenticeship requiring 1 year full-time studies and total of 13 years of study/training	10
High school and a total of 12 years of full-time study	5

OFFICIAL LANGUAGES	1st Language	2nd Language	Maximum 20
High proficiency1	16	4
Moderate proficiency2	8	0
Basic proficiency or no abilities	0	0

EXPERIENCE	Maximum 25
One to four years of recent skilled work experience	10-25
ARRANGED EMPLOYMENT	Maximum 10
Arranged employment in Canada approved by HRDC	10
AGE	Maximum 10
21-44 years of age at time of application	10
Less 2 points for each year of age over 44 years or under 21 years
ADAPTABILITY	Maximum 10
Spouse's or common-law partner's education	3-5
Minimum one-year full-time authorized work in Canada 3	5
Minimum two years full time post-secondary study in Canada 3	5
Offer of employment in Canada	5
Family relationship in Canada	5
TOTAL	Maximum 100

¹ Applicants are rated on each ability to speak, understand, read and write with 4 points for first official language and 1 for second official language.

² Applicants are rated on each ability to speak, understand, read and write with 2 points for first official language and 0 points for second official language.

³ Applies to either principal applicant or accompanying spouse or common-law partner.

What has changed

The new selection grid is shown above. Changes to the selection criteria and weighting are explained below.

Definition of Skilled Worker

In the federal Skilled Worker Class, a skilled worker is someone who has at least one year of work experience within the past 10 years in one of the occupations listed in either Skill Type 0 or Management of Skill Level A or B of the National Occupational Classification (NOC). The NOC was developed by HRDC to be a systematic taxonomy of occupations in the Canadian labour market. It is based on extensive occupational research, analysis and consultation conducted across the country. It describes duties, skills, interests, aptitudes, education requirements and work settings for occupations in the Canadian labour market. The NOC is divided into five bands: Skill Type 0 — Management Occupations; Skill Level A, which is primarily comprised of professional occupations; Skill Level B, which consists of technical, skilled trades and paraprofessional occupations; Skill Level C, which comprises occupations that mainly consist of intermediate level, clerical or supportive functions; and Skill Level D, which consists of elemental sales or service and primary labourer occupations. Only experience in Skill Type 0 or Skill Levels A and B are considered relevant for applicants in the Skilled Worker Class.

To immigrate under the Skilled Worker Class, the experience in Skill Type 0 or Skill Levels A and B must consist of actions described in the lead description and a substantial number of the duties described in the "Main Duties" section of the NOC including all the essential duties. Currently, applicants must also demonstrate that they can meet the "Employment Requirements" of the NOC listed for their intended occupation. The "Employment Requirements," often referred to as entry requirements, may indicate that a particular occupation requires completion of a certain type of university degree or membership in a certain Canadian professional association. By eliminating the requirement to also meet the Employment Requirements provision of the NOC, the IRP Regulations recognize the considerable difficulty for many skilled immigrants of meeting some Canadian requirements before their arrival in Canada. In addition Canadian employers may not require experienced job applicants to meet the same entry requirements as new entrants to the labour market.

Only approximately 50 percent of occupations in Skill Type 0 and Skill Levels A and B are included in the present GOL. The broadening of acceptable occupational experience under the Skilled Worker Class, combined with the less restrictive approach to Employment Requirements mentioned above, will lead to a considerable expansion in the number of potential Skilled Worker applicants.

Age: 10 points

The treatment of the applicant's age remains fundamentally the same as the Age factor under the present selection system. Due to the impending demographic crunch, a continued emphasis on applicants between the ages of 21 and 44 is considered desirable given that such applicants will continue within the labour market for longer periods than those who are older. Applicants outside this age band may continue to apply for immigration as Skilled Workers but would receive fewer age points depending how far their age is from the 21-44 year band. Research has indicated that older immigrants may have greater difficulty in adapting to the Canadian labour market.

Education: 25 points

The stakeholder consultations consistently highlighted the importance for Canada of immigration by skilled tradespeople and encouraged the department not to overweigh advanced professional education. Consequently, points for a diploma, trade certificate or formal apprenticeship will be raised from 10 to 20, depending on the number of years of education or training. The maximum of 20 points allocated for a three-year skilled trades credential is equivalent to that allocated for a three-year bachelor's degree in recognition of the value attached to this type of credential. In addition, the maximum number of points available for education has increased from 16 to 25, recognizing the considerable value that the modern Canadian labour market assigns to education.

Another change to the Education factor is the manner in which points will be allocated for each credential level. For example, for a three-year bachelor's degree, an applicant must also have completed a total of 15 years of full-time or full-time equivalent studies. The applicant is allocated points for education on the basis of having both a credential (such as a diploma, degree, or apprenticeship certificate) and a minimum number of years of education and formal training. Given the range of educational and formal training systems around the world, this mechanism will serve to promote consistent standards in the assessment of education and training while still placing emphasis on the essentials — a credential as well as relevant minimum levels of education and formal training.

Language: 20 points

The total number of points allocated for official language abilities has been increased from 15 to 20 to reflect the critical importance of proficiency in at least one official language to establish oneself successfully in the labour market upon arrival. As in the present system, points continue to be allocated for ability in both official languages; however, greater emphasis is placed on proficiency in the first official language rather than marginal abilities in both, again reflecting the results of research on the value of relative weighting of language abilities.

For the first time the regulations will include clear definitions of the standards of language proficiency that will be assessed for Skilled Worker applicants. The 1978 Regulations use phrases such as "speak, read or write fluently" but leave the definition of the critical terms such as "fluently" to the administrative manuals. This approach has resulted in operational inconsistency and has therefore been criticized by the Commissioner of Official Languages and the Auditor General among others.

The current regulations give visa officers little direction on how to evaluate an applicant's language ability. Some applicants have been opting to have their language proficiency assessed by outside language assessment specialists in order to expedite the assessment of their applications and to provide a prior assessment of their likelihood of success. While visa officers have often based their assessment of the applicants' language proficiency on these outside tests, the 1978 Regulations do not clearly countenance such an approach.

The Immigration and Refugee Protection Regulations provide the Minister with the authority to designate certain organizations or institutions for the purpose of language assessments. Such third-party language testing (which would be conducted at the applicant's expense) will not be mandatory. Applicants will continue to be able to request an assessment of their language ability by an officer. In order to be designated by the Minister, a language-testing body must meet appropriate standards of security, validity, and reliability for their test. Scores from recognized tests will be translated into language assessment points in the Selection Grid in a fashion that is clear and consistent to applicants. Applicants will be encouraged to take advantage of these approved outside language tests in order to enhance consistency and to obtain faster processing of their application. Applicants will be informed that when an approved test has been conducted a selection interview with an officer will tend to be required less frequently.

Experience: 25 points

Experience points have increased from maximum 8 in the current system, to a range of 10 to 25 in the new system. However, the increase in work experience points is less significant than it appears, as the current system also, effectively, awards points for experience through the Education Training Factor (ETF), which is now eliminated. The elimination of the ETF and the new weighting for experience greatly improves experience points for skilled trade applicants who were previously seriously disadvantaged in the assessment of ETF and experience points. Applicants will now receive 10 points for one year's experience and 5 points for each additional year's experience to a maximum of 25 points. The work experience must have taken place within the 10 years preceding the date of application and have been in one of the occupations listed in the top three bands of the NOC.

Arranged Employment: 10 points

Permanent arranged employment which has received a positive labour market opinion issued by HRDC remains an important part of the selection system with no change in point allocation. Its retention is based on recognition of its value to an applicant's settlement ability. Applicants will receive 10 points for Arranged Employment as long as the offer is genuine, the offer meets the norm for attracting and retaining Canadians and the employment is not seasonal in nature. Applicants must satisfy officers that they are qualified for and capable of performing the employment being offered to them. This would include meeting any required Canadian licensing or regulatory standards to hold the specific employment being offered to them.

For the first time officers will also award 10 points for arranged employment where an applicant is working in Canada on the basis of an HRDC labour market opinion issued for a temporary work permit. An applicant would receive Arranged Employment points whether or not the temporary HRDC labour market opinion was given on the basis of a single job offer or on the basis of a group of job offers for a particular employer or across a particular industry sector (such as the recent Information Technology Workers facilitation program). Applicants who are holding a work permit for a job offer which was not reviewed by HRDC would not benefit from this specific Arranged Employment provision.

Points will be awarded under the temporary work provision if the employment is anticipated to continue for at least one year after the submission of the Skilled Worker application and, at the time the officer assesses the Skilled Worker application, the applicant is still working in that employment. This provision recognizes that it is not necessary or desirable for HRDC officers to reassess, for the purpose of a permanent application, identical employment circumstances that were assessed under a temporary workers application.

This provision will benefit applicants who, having worked temporarily in Canada, are ready to make a longer term commitment to Canada under the Skilled Worker provisions. It also recognizes that some Skilled Worker applicants may need a period of time in Canada as temporary workers in order to upgrade their language abilities and/or education and training credentials. This provision is expected to benefit, in particular, those skilled tradespersons who may need a period of time in Canada to bring their language and other credentials to a level required for long-term economic success in the modern labour market.

Adaptability: 10 points

The Personal Suitability factor in the current model has been criticized for being overly subjective, requiring visa officers to assign points on a scale from 0-10 based upon an interview. The Personal Suitability factor has been replaced in the new selection model with an objective Adaptability factor. Each element measures applicants against specific factors that will assist them in their short- and long-term adaptability to the Canadian economy and society. The objectivity of the Adaptability factor allows the selection process to be more transparent and consistent in the selection of Skilled Worker immigrants and also allows the full range of selection factors to be assigned on the basis of a paper application.

Officers will continue to have the option of interviewing an applicant when considered necessary but, with the elimination of the Personal Suitability factor, they will no longer be required to hold such an interview in order to assign points under a specific selection factor.

An applicant may receive a maximum of 10 points for any combination of the following elements:

(1) Education of accompanying spouse or common-law partner of the principal applicant.

Referring to the criteria provided for education in the selection grid:

— 3 points if the spouse or common-law partner would qualify for 10 or 15 points;

— 4 points if the spouse or common-law partner would qualify for 20 points; and

— 5 points if the spouse or common-law partner would qualify for 25 points.

(2) Previous study in Canada.

A principal applicant receives 5 points for adaptability if after age 17 they, or their accompanying spouse or common-law partner, successfully completed a program of at least two years of full-time study at a post-secondary institution in Canada with appropriate authorization. In the case of a principal applicant and his or her spouse or common-law partner who both meet these requirements for previous study in Canada, points may only be awarded for one of them.

(3) Previous work in Canada.

A principal applicant receives 5 points for adaptability if they, or their accompanying spouse or common-law partner, engaged in full-time work in Canada with appropriate authorization for a period of at least one year. In the case of a principal applicant and his or her spouse or common-law partner who both meet these requirements for previous work in Canada, points may only be awarded for one of them.

(4) Offer of employment in Canada.

An applicant receives 5 points for adaptability if they have received a bona fide offer of employment in Canada, effective upon arrival in the country, but which has not been approved by HRDC. Points may not be awarded under this element if the principal applicant has received points under the Arranged Employment factor.

(5) Family relationship in Canada.

The principal applicant receives 5 points for adaptability if they, or their accompanying spouse or common-law partner, have a parent, grandparent, child, grandchild, spouse, common-law partner, sister, brother, uncle, aunt, nephew or niece who is:

— a Canadian citizen or permanent resident; and

— physically residing in Canada.

Points may only be awarded for one such family relationship in Canada.

By directly awarding points for a genuine offer of employment as well as for the existence of a family relationship in Canada, it will no longer be necessary to continue the resource-intensive Family Business Job Offer Program (FBJO). This program presently requires family business employers to demonstrate to an immigration officer the specific reasons why they wish to hire a family member in a position of trust. Individuals who would previously have benefited from the FBJO will now receive the full 10 points under the Adaptability factor without requiring their employer to also satisfy an officer of the special requirements of a position of trust. If the relative were to offer the applicant a job which received an HRDC labour market opinion under the Arranged Employment factor, the applicant would receive 10 points under that factor and at least 5 points under the Adaptability factor for having a relative in Canada.

Discretion (Substitution of Selection Criteria)

The IRP Regulations preserve the ability of an officer, with the concurrence of a supervisor (described in the Regulations as a "second officer"), to exercise discretion when they believe that the total points awarded do not properly reflect an applicant's ability to establish in Canada from an economic perspective. A selection system can be designed to reflect the factors that would lead to economic success for the majority of applicants; it cannot, however, reflect the specific personalized elements that might lead to success or failure for every applicant. Therefore, the continuation of discretion has been considered to be desirable. Discretion can be either "positive," whereby an officer believes that a prospective immigrant who has not received sufficient selection points should nevertheless be accepted, or "negative," whereby an officer believes that a prospective immigrant who has received sufficient points should, nevertheless, be refused. In the past five years, discretion, whether positive or negative, has been used to make immigration decisions in only 2.3 percent of cases.

Positive discretion has historically been used 16 times more often than negative discretion. There is no public policy or operational reason why this should be so. Officers and their supervisors will be given instructions, further to subsection 15(4) of the IRPA, on how they should exercise the use of discretion when they conduct their examination of Skilled Worker applications.

Pass mark

In the new selection system the pass mark is the primary tool to balance the qualifications and quantity of Skilled Worker immigrants. A very low pass mark, for example, would bring into Canada large numbers of immigrants with relatively poor Human Capital attributes, thus leading to poorer long-term settlement potential for the group. A very high pass mark, on the other hand, while greatly improving the settlement potential of immigrants, would lead to lower numbers of immigrants. As the Minister is responsible for managing the immigration program, he or she should hold this important management responsibility. It is not anticipated that the Minister will delegate the responsibility to manage the pass mark.

The pass mark may be amended by the Minister, from time to time, to reflect the changes in the Canadian labour market and in the broader economy and in society, as well as changing demands on the part of prospective immigrants to Canada.

It is anticipated that the Minister will set the new Skilled Worker pass mark at 80 points when the new selection system comes into effect upon proclamation of these Regulations. A pass mark at that level will ensure that the Canadian economy benefits from the improved qualifications of skilled immigrants while still meeting the stated immigration goals as set out in the annual Immigration Plan tabled in Parliament on October 31, 2001.

Restricted Occupations

The IRP Regulations allow the Minister to designate an occupation as a restricted occupation taking into account area and national labour market activity and following consultation with relevant departments, provincial governments and organizations. Work experience in a restricted occupation will not be considered against either the definition of Skilled Worker or against the Experience selection factor. The purpose of this list is to permit the Minister to protect the Canadian labour market should an overly large number of immigrants with narrow occupational skills apply for immigration under the Skilled Worker Class.

It is anticipated that the negative occupational list would not contain any occupations during the start-up phase of the new Skilled Worker Class. Consultations with provinces would take place prior to exercising the authority to include an occupation on the negative occupation list.

Financial Establishment

The IRP Regulations specify that Skilled Worker applicants must have sufficient funds to support themselves during the period of their initial establishment. While such immigrants are being selected on the basis of their ability to perform well economically over the long term it is anticipated that, during the inevitable period of adjustment to a new country, some of them will have initial difficulties in finding a job in Canada.

In order to enhance consistency and transparency the Regulations will, for the first time, stipulate the specific standard against which applicants' funds will be assessed. This standard will be the most current annual Low Income Cut-Off (LICO) published by Statistics Canada established for the size of the applicant's accompanying family. As many applicants are unsure, at the time of the submission of their application, where they will be destined, the appropriate LICO will be that of urban areas with a population of over 500 000. This is also where the largest portion of Skilled Workers are historically destined. Even when applicants indicate they will be destined to a smaller urban area, they will continue to be assessed against the higher amount as, once in Canada, immigrants are permitted to move freely within the country. For example, according to Statistics Canada, a family unit of three persons would need an income of at least $27,805 in order to meet the LICO. Therefore applicants with two accompanying dependants would be required to demonstrate that they had available funds of at least the same amount.

Transition

All new applications that are received after the coming into force of the new Act will be assessed under the new selection system against a pass mark of 80.

In addition, independent and assisted relative applications that are received after the publication of these regulations in Part I of the Canada Gazette and which have not yet received a selection interview on the date on which the IRPA comes into force, will also be assessed under the new selection system against a pass mark of 80.

Finally, independent and assisted relative applications that were received before the publication of these regulations in Part I of the Canada Gazette and which have not yet received a selection interview on the date on which the IRPA comes into force, will also be assessed under the new selection system against a lower pass mark of 75. These applications were submitted and application-processing fees were paid on the basis of an understanding that they would be assessed against the former selection system and, therefore, it is considered appropriate that they be assessed against a somewhat lower threshold.

Alternatives

A number of alternative selection models to the Human Capital approach were considered and discussed during consultation sessions over the past number of years. These alternative models included the following:

— the Australian approach requiring pre-approval of each applicant by a regulated credential and licensing evaluation body;

— a pure arranged employment model effectively delegating selection authority to Canadian employers; and

— a lottery system similar to the United States diversity immigration system.

None of the alternatives were able to satisfy the triple policy goals of increasing the quality of Skilled Worker immigrants, maintaining the balance of economic immigration within the overall immigration program, and enhancing transparency for clients. The status quo was not considered a viable alternative given the serious problems identified above.

Within the Human Capital approach a number of different alternative selection grids were considered and discussed with stakeholders. In particular, alternative grids were presented in the discussion paper Skilled Worker Immigration: Three Models for Discussion of July 2000. The models offered differing combinations of selection criteria and weighting. The new selection model contained in the IRP Regulations was formulated based on feedback on the three models from stakeholders.

Comparison of the Models

Model 1: This model allocated a higher number of points for education and included points for the less objective personal suitability factor within the Adaptability Bonus. Further stratification in the Education factor resulted in a skilled trades credential receiving less points at 15 than university degrees, which received 20 to 30 points. In addition, the Experience factor is linked to years of education resulting in a more complex calculation of points.

Model 2: This model responds to the concern that Model 1 adversely affects people in the skilled trades by providing the same number of points for a skilled trades credential as is given to a bachelor's degree. Model 2 outlined how a more objective grid would appear by doing away with the Personal Suitability factor.

Model 3: Another variation, this model eliminates the Arranged Employment factor and allocates more points to language ability and adaptability.

The final model took into account the best of the three models for successful economic establishment: the importance of education, including skilled trades credentials; the importance of proficiency in at least one official language with extra "bonus" points for high proficiency in the second; the essential requirement of experience in a skilled occupation; and the importance of objectivity in assessment.

When determining the definition of a Skilled Worker, a number of alternatives were considered including using all five Skill Levels of the NOC. However, there is no evidence of a pressing long-term need for workers at Skill Levels C & D that cannot be adequately fulfilled from within the domestic labour market or through other forms of permanent or temporary migration.

After reviewing the likely adverse impact that a term of five years as opposed to 10 years under the recent work experience provision would have on female applicants, many of whom may have taken family-related breaks in their employment history, the longer period was chosen. Views were received that suggested that Skilled Workers should be defined as having at least three years of work experience to be considered for immigration as opposed to a one-year minimum. Given that the labour market favours younger workers who would be less likely to meet the three-year minimum, it was decided that requesting a longer period of work experience made it difficult to attract younger applicants to Canada.

An alternative to the transition rule would have been to assess applications currently in the system according to the provisions of the 1978 Regulations and assess only those applications under the new selection system which had been submitted after the implementation date of the new IRPA. This option would have meant that the Department would have had to maintain two systems for several years, creating difficulties in terms of managing the immigration program. The transition regulations will ensure that the considerable economic benefits of the new selection system will be realized in a timely fashion. Without such regulations these benefits would be delayed for up to five years (the processing time for new applications at some of the larger immigration offices overseas). As mentioned above, the current, outdated selection system accepts applicants for immigration to Canada who do not perform as well economically as the average Canadian. In addition, without the transitional regulations, we would likely see a large increase in the inventory in the months leading up to implementation as many new applicants would choose to submit applications for assessment under the current selection system.

Benefits and Costs

Benefits

A direct benefit of these regulations will be a more objective selection system for skilled workers which is easier to understand and more appropriate for selecting individuals who will successfully establish themselves economically in Canada.

The provisions will benefit both skilled worker applicants who will be selected to immigrate to Canada and the Canadian public, which will benefit from the economic prosperity to which the skilled workers will contribute. In addition, officers will benefit from more substantive information in the regulations on how to evaluate certain criteria such as language, education and adaptability.

The new Regulations may have a negative impact on applicants who are currently awaiting assessment. On its own, the act of increasing the qualifications expected of the skilled worker applicants under the new system would result in a decrease in the quantity of individuals who could receive permanent resident status. Some applicants who might qualify under the present system will not succeed under the new system. However, many qualified individuals who have not been able to apply in the past because of restricted occupations will now be able to submit an application.

Avoiding time spent on assessing cases that likely will not qualify under the new rules is necessary if the number of cases in the inventory is to be reduced and the quality of skilled immigrants in Canada is to be improved. There is a risk that qualified skilled workers will be lost to other competitive countries if they must wait several years to have their application reviewed.

The skilled worker regulations will benefit both male and female applicants as the new selection system is designed to be gender neutral. In addition, applicants are allowed bonus points under the Adaptability factor for an accompanying spouse's or common-law partner's education and Canadian work and education experience. This will benefit female applicants with spouses/partners who, due to local socio-political factors, may not have had the same access to education and work experience as men and who therefore would not accumulate as many points under the selection grid. Furthermore, applicants who have an accompanying spouse or common-law partner are allowed to choose which of the two they consider to have the strongest case to apply as the principal applicant.

Costs

The new provisions result in no additional costs to the applicant compared to the previous regulations. An increase in skilled worker applications is predicted and incremental resources will be required at missions to manage the resulting inventories.

Consultation

Consultations on a new selection system for skilled workers have been ongoing for a number of years. The following is a chronology of major consultation events in the past four years:

— Workshop, October 1997: "New Selection Criteria for Economic Stream Immigration";

— Report of the Immigration Legislative Review Advisory Group, January 1998: Not just numbers: a Canadian framework for future immigration;

— Research Paper, November 1998: Towards a New Model of Selection;

— Government-wide direction paper, January 1999: Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy and Legislation;

— Consultation Paper, July 1999: Skilled Worker Immigrants: A Draft Model for Discussion;

— Consultation Paper, July 2000: Skilled Worker Immigration: Three Models for Discussion; and

— C-11 Proposed Regulations, paper, October 2000 to November 2001, published on the Citizenship and Immigration Canada Web site and frequently updated.

Each of the above papers was distributed to stakeholders who were invited to provide their comments. Among the stakeholders consulted were provincial governments, industry and employer associations, labour groups, immigration support and advocacy agencies; immigration practitioners and regulatory bodies.

The following changes were made to the final selection grid to accommodate concerns of stakeholders:

— more points for skilled trades under education so that applicants with this type of credential are not disadvantaged by increased weighting for education in the grid, and in recognition of the shortage of skilled trades people expressed by several stakeholders;

— more points for language, as several industry stakeholders emphasized the importance of being proficient in at least one official language for successful economic establishment;

— continued recognition of a pre-arranged employment in Canada by keeping it in the selection grid;

— a move towards greater objectivity in the selection system by a "menu" approach to assigning adaptability points with a variety of different routes to obtain the maximum number of points.

Compliance and Enforcement

The submission of an application for a permanent resident visa is a discretionary action on the part of the applicant. Officers assess applicants against the requirements of the Act and Regulations to ensure that they comply with the requirements to be issued visas as members of the Skilled Worker Class and with other statutory requirements for entry as permanent residents.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).

IX — PROVINCIAL NOMINEE CLASS — PART 5, DIVISION 1

Description

The Immigration and Refugee Protection Act, subsection 12(2), provides that a foreign national may be selected as a member of the economic class on the basis of his or her ability to become economically established in Canada. The selection of foreign nationals and the acquisition of status under the Act must also be consistent with federal-provincial agreements. Provinces have the authority and responsibility of establishing their own criteria for nomination, while the federal government maintains its responsibility for applying statutory admissibility criteria and exercising ultimate selection authority. These regulations allow a person nominated by a provincial government under a Provincial Nomination Agreement between that Province and the Minister of Citizenship and Immigration to be issued an immigrant visa without having to meet the pass mark that is required for Skilled Worker Immigrants.

Purpose of these provisions

The intent of these regulations is to enable provinces to support the immigration of persons who have expressed an interest in settling in their province and who the province believes will be able to contribute to the economic development and prosperity of that province and Canada.

What the regulations do

The regulations on Provincial Nominees:

— establish the criteria to be considered and the standards to be met by persons applying for immigration to Canada by virtue of a nomination for permanent immigration provided by a provincial government; and

— prescribe that applicants must meet statutory admissibility requirements and satisfy an officer that they intend to establish themselves in the province that has nominated them and that they will be able to become economically established in Canada.

Alternatives

The alternative of provinces being expected to exercise full selection powers was rejected because of the significant resource impacts this model would place on provinces. The alternative of a single, defined provincial class that would apply equally to all provinces was rejected because it did not permit sufficient flexibility to meet specific objectives and interests of individual province.

Benefits and Costs

Benefits

The provincial economy will benefit when a province is able to bring about the immigration of a candidate who might not meet federal immigration criteria but who has attributes of particular value to the nominating province and its specific economic development objectives. An additional benefit is the ability of the provinces to support a better dispersion of immigrants, and related benefits, into numerous communities across the country.

Costs

Costs are limited essentially to the administrative costs associated with the operation of the various provincial nominee programs.

Consultation

Bilateral provincial nominee agreements have been in place since March of 1998. Consultations with all participating provinces are held on a regular basis. In addition, participating provinces undertake to have a full evaluation of their programs done, and the evaluators will often consult with external stakeholders and interested parties as part of this process.

Compliance and Enforcement

The provinces will be responsible for issuing the nomination certificate. The foreign national named in the certificate has to meet all the statutory admissibility requirements, satisfy the officer that they will be able to become economically established in Canada and that they intend to reside in the province that has nominated them.

Contact

Mark Davidson, Director, Economic Policy and Programs, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 954-4214 (Telephone), (613) 954-0850 (Facsimile).

X — BUSINESS IMMIGRATION PROGRAMS — PART 5, DIVISION 2 AND PART 16

Description

Section 12 of the Immigration and Refugee Protection Act provides that foreign nationals may be selected as members of the economic class based on their ability to become economically established in Canada. The economic class is comprised of two streams; skilled workers and business immigrants. Business immigrants are selected to support the development of a strong and prosperous Canadian economy, in which the benefits of immigration are shared across all regions in Canada. Members of the business immigrant class include investors, entrepreneurs and the self-employed.

The three components of the Business Immigration Program, the Immigrant Investor Program (the IIP), the Entrepreneur Program and the Self-employed Program are held over from the Immigration Regulations, 1978. With a few exceptions, the main tenets of the three programs remain largely unchanged.

The Immigrant Investor Program

The IIP seeks to attract experienced businesspersons and capital to Canada. Investors must demonstrate business experience, a minimum net worth of $800,000 and make an investment of $400,000. The IIP began in 1986. In the last five years, 6 878 investors have landed and over $2.591 billion invested.

The key program elements are unchanged, including the net worth requirement of $800,000, the amount of the required investment ($400,000) and the manner in which the investment is administered.

More detailed information concerning the administration of the investment aspect of the IIP can be found in the Canada Gazette Part II, Vol. 133, SOR/99-146 published on April 14, 1999.

The Entrepreneur Program

The Entrepreneur Program seeks to attract experienced businesspersons that will own and actively manage businesses in Canada that will contribute to the economy and create jobs.

Entrepreneurs and their dependants are admitted to Canada under specific conditions that are subsequently monitored by Citizenship and Immigration Canada (CIC) after landing. The Entrepreneur Program began in 1983. In the last five years, 11 110 entrepreneurs have landed and over 42 000 jobs were created.

The Self-employed Program

Self-employed persons must have the intention and ability to create their own employment and make a significant contribution to the cultural, artistic or athletic life of Canada, or, to create their own employment by purchasing and managing a farm in Canada. The program began in 1978. In the last five years 5 104 self-employed persons landed in Canada.

Quebec's business programs

Quebec operates its own Investor Immigrant Program under the authority of the Canada — Quebec Accord Relating to Immigration and Temporary Admission of Aliens. Quebec undertakes in the Accord to administer its investor program in a manner consistent with the spirit and objectives of the federal program.

The provisions in the Immigration Regulations, 1978 regarding an "investor in a province" (meaning a province that has signed an immigration agreement with the federal government respecting the selection of immigrants pursuant to subsection 108(2) of the Immigration Act) are substantively unchanged. An investment by an investor selected by a province continues to be subject to the rules established by that province.

A similar construct of "entrepreneur selected by a province" is introduced whereby an entrepreneur selected by a province is an "entrepreneur" subject to Quebec's determination as to what constitutes business experience.

The need for program change

While the IIP was substantially altered with respect to the administration of the $400,000 investment on April 1, 1999, the rules governing the selection attributes of the investor, entrepreneur and self-employed programs have been largely unchanged since their inceptions.

The Auditor General for Canada has noted that the business definitions were "vague and therefore difficult to apply" and suggested that selection criteria be amended to "make them conducive to a rigorous selection of economic immigrants and the achievement of the Program's objectives."

The subjectivity inherent in the existing definitions has resulted in numerous disputes as to their application and excessive challenges to selection decisions in the Federal Court. A lack of precision in the conditions surrounding the granting of permanent resident status for entrepreneurs has militated against fair, transparent and consistent application.

Economic development has been compromised by the increasing use of the self-employed program by business applicants unable to meet the skilled worker criteria, but unwilling to be subject to the conditions of the entrepreneur program or to make an investment in the IIP.

Purpose of these provisions

The intent of the business immigration regulations is:

— to provide an objective, legally sanctioned basis for assessing the ability of business applicants to become economically established in Canada;

— to establish a selection scheme that maximizes the economic benefits of the program across all regions;

— to provide a clear and transparent statement of program requirements for both prospective business immigrants and officials involved in assessing applications;

— to simplify the assessment of business experience so as to arrive at selection decisions that are both consistent and objective;

— to facilitate ease and efficiency of program administration; and

— to establish mechanisms which protect the investments made by IIP applicants and optimize compliance with program requirements.

What the regulations do

In general terms, the regulations:

— set out, in the form of definitions, the core requirements which must be met by business immigrants;

— establish a selection grid which delineates additional criteria that are to be applied in assessing business immigrant applications and assigns the weight to be given to those criteria;

— establish procedures to be followed in evaluating applications;

— establish processes for the handing and disbursement by CIC officials of investments made by those accepted under the IIP; and

— set forth the conditions that will be imposed in the Entrepreneur Program.

What has changed

For Investors:

— an objective standard for business experience, common to that for the entrepreneur program, is established;

— the present net worth requirement of $800,000 remains unchanged; however, the requirement that the net worth be created by the investor's own endeavours is removed and is replaced by a more rigorous definition of business experience through which an individual's net worth is obtained;

— spousal assets are now included when assessing net worth; and

— the selection grid has been altered to provide the flexibility to adjust the weight of the various criteria.

For Entrepreneurs:

— a standard of business experience, in common with that for the investor program, is established;

— a net worth requirement of $300,000 is introduced;

— the requirement to meet conditions after being granted entry is retained but these conditions are defined in an objective, transparent manner; and

— the Regulations introduce the concept of "entrepreneur selected by a province". An entrepreneur selected by a province must meet the federal definition of an entrepreneur but is subject to Quebec's determination as to what constitutes business experience.

For self-employed persons:

— only immigrants who have the intention and ability to make artistic, cultural, or athletic contributions and self-employed farmers are eligible within the class. Other business immigrants with more generic business abilities, will be required either to meet the entrepreneur or investor definitions, or to qualify as skilled workers, or be selected as provincial nominees.

Business experience

The most significant change in the investor and entrepreneur programs is the introduction of a more objective measure for business experience. It is generally agreed that business experience is the best predictor of future business success. The new definition of business experience provides two options:

(i) ownership of a qualifying business of a sufficient size, or,
(ii) management, of a business, or a portion of a business, (without the need to own it) with a substantial number of employees.

Ownership

The plain language definition of an entrepreneur is one who assumes the financial risk of an enterprise and undertakes its management.

Investors and entrepreneurs will be required to provide documentation proving that, within any two of the last five years, they owned and managed a Qualifying Business that meets any two of the defined requirements for jobs, sales, net income and equity.

The following chart sets out the minimum requirements for a Qualifying Business at various percentages of ownership.

OWNERSHIP
ATTRIBUTE	100 %	50 %	20 %
EMPLOYMENT	2	4	10
SALES ($)	500 000	1 000 000	2 500 000
NET INCOME ($)	50 000	100 000	250 000
EQUITY ($)	125 000	250 000	625 000

Management experience

As an alternative to actual ownership, investors and entrepreneurs may qualify by providing documentary proof that, over any two of the last five years, they had managed at least 50 employees in a business. Broadening the definition to include individuals who have exercised significant senior managerial control over businesses of a substantial size allows for the selection of senior management in relatively larger organizations, notwithstanding that such managers may not have an ownership interest or have assumed entrepreneurial risk directly.

Conditions

The same four business attributes of employment, sales, net income and equity are used to define the Qualifying Canadian Business necessary for the removal of conditions imposed upon granting permanent resident status.

Entrepreneurs will be required to document that, for a period of at least one year within a period of not more than three years after landing, they owned and managed a Qualifying Canadian Business that meets any two of the defined requirements for jobs, sales, net income and equity.

The following chart sets out the minimum requirements for a Qualifying Canadian Business at various percentages of ownership.

OWNERSHIP
ATTRIBUTE	100 %	50 %	33.33 %
EMPLOYMENT	2	4	6
SALES ($)	250 000	500 000	750 000
NET INCOME ($)	25 000	50 000	75 000
EQUITY ($)	125 000	250 000	375 000

At least one incremental, full time equivalent job must be created for someone other than the entrepreneur and the entrepreneur's dependants. In addition, the entrepreneur must have provided active and ongoing participation in the management of the business for at least one year. A minimum of one-third ownership is required.

The Selection Grid

Investors and entrepreneurs will be assessed against the following selection grid:

INVESTOR AND ENTREPRENEUR — POINTS GRID

BUSINESS EXPERIENCE	Maximum 35
Two years business experience	20
Three years business experience	25
Four years business experience	30
Five years business experience	35
*Business Experience: within five years preceding date of application
AGE	Maximum 10
21-44 years of age at time of application	10
Less 2 points for each year of age over 44 years or under 21 years
EDUCATION	Maximum 25
Doctorate and Master's Degrees	25
Bachelor's Degree — 3 years full time studies OR Diploma, trade certificate or apprenticeship — 3 years full time studies / training	20
Diploma, trade certificate or apprenticeship — 2 years full time studies / training	15
Diploma, trade certificate or apprenticeship — 1 year full time studies / training	10
High schools	5

OFFICIAL LANGUAGES	1st Language	2nd Language	Maximum 20
High Proficiency	16	4
Moderate Proficiency	8	0
Basic Proficiency or no abilities	0	0

ADAPTABILITY	Maximum 10
Business exploration trip to Canada within 5 years of application	5
Participation in designated Joint Federal-Provincial Business Immigration Initiatives	5
TOTAL	Maximum 100
N.B. This selection grid and point system does not apply to persons who are selected under the Quebec Program. Under the terms of the Canada-Quebec Accord, Quebec selects its own business immigrants.

Investors and entrepreneurs must first meet their respective definitions and then obtain a minimum of 35 points in the above selection grid. Both positive and negative discretion will continue to apply to the selection decision.

Self-employed persons will be evaluated against a similar grid modified to reflect selection criteria applicable to their circumstances.

Alternatives

Alternatives to regulation

There are no workable alternatives to a regulatory framework for the business immigration programs. Enforceable regulations are required to ensure program integrity and consistency of application.

Program alternatives

There is broad agreement that the existing selection standards should be more objective and that the primary determinants for a business immigrant should be a quantifiable level of business experience and sufficient net worth to finance business endeavours in Canada.

Careful consideration was given to eliminating the post-admission requirements (conditions) in the entrepreneur program.

The advantage of a "selection only" model; i.e. without conditions, is that all program requirements could be met up-front with no subsequent monitoring, compliance and enforcement issues. This would be consistent with the operations of most other immigration programs and would be considerably less expensive to administer.

The disadvantage of a "selection only" model is that there would be no ability to compel economic activity in Canada and no inherent tracking mechanism for program evaluation.

After consultations with the provinces, CIC took the view that it was important to ensure that investor and entrepreneur applicants are compelled to make a contribution to the Canadian economy by means of an investment or by establishing and managing a business.

Benefits and Costs

Benefits

The IRP Regulations ensure that experienced businesspersons with substantial investment capital continue to be able to immigrate to Canada. Initiating a net worth requirement for entrepreneurs ensures that investors and entrepreneurs have sufficient capital to participate in the Canadian economy.

The objective and measurable standards for business experience and net worth will make the selection requirements much more transparent to applicants and officers, thereby improving program efficiencies.

Similarly, objective and consistent standards for business establishment in Canada will make the conditions more meaningful to applicants and simpler and more efficient to administer.

These amendments will both reduce the levels of non-compliance and increase economic benefit.

It is anticipated that the changes to the business immigrant programs will result in a greater transparency of the selection process and thereby decrease the number of court challenges.

Costs

The selection of business immigrants and the administration of conditions for entrepreneurs will require approximately the same level of resources as at present.

Overseas officers and inland personnel will require training to implement the more objective, but also more technical, requirements.

Consultation

The provinces have actively participated in the amendment process through the Federal-Provincial Business Immigration Working Group.

CIC Business Immigration Program officials have participated in a number of forums, including presentations to the Canadian Bar Association and the Organization of Professional Immigration Consultants, resulting in several detailed position papers which have been taken into consideration in the preparation of these regulations.

Financial institutions active in the IIP continue to provide valuable assistance in the administration of that program; e.g. the recent initiative to provide for the payment of commissions in the investor program.

Compliance and Enforcement

Investors

Investors in the federal IIP will continue to deposit their $400,000 investments with Citizenship and Immigration Canada (CIC) for subsequent distribution to the provincial funds for investment. After five years, the funds will repay CIC for subsequent payment to the investors. The participating provinces will continue to be responsible for guaranteeing the payment of their respective shares.

Entrepreneurs

CIC staff in Canada will be trained in order to both counsel entrepreneurs and to apply the new conditions in a fair and transparent manner.

Entrepreneurs will be required to report to officers in Canada during the early stages after landing to reinforce what is expected of them and, if applicable, to refer them to participating provincial agencies for direction and technical support.

Individuals who fail to comply with their conditions will be reported under subsection 44(1) of the IRPA and may be removed from Canada. The Act also provides enforcement powers and penalties to ensure compliance with this legislation.

Contact

Don Myatt, Director, Business Immigration Division, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 957-0001 (Telephone), (613) 941-9014 (Facsimile).

XI — LIVE-IN CAREGIVERS — PART 5, DIVISION 3

Description

The Live-in Caregiver Program brings qualified caregivers to Canada to respond to employer needs in situations where there are no Canadians or Canadian permanent residents to fill the available positions. Live-in caregivers who qualify for the program are allowed to apply for permanent residence in Canada after completion of a minimum of two years employment, within a three-year period, as a live-in employee in a private household providing child care, senior home support or care of the disabled.

Purpose of these provisions

The purpose of the Live-in Caregiver Program is explained in the Regulatory Impact Analysis Statement for SOR 94-242 published on pages 1408 and 1409 of Part II of the Canada Gazette on March 17, 1994. The intent of the new provisions to get the fairest working arrangement possible for both the employer and the caregiver while ensuring that both parties understand what is expected of them.

What the regulations do

The regulations relating to live-in caregivers prescribe the criteria for eligibility to apply under the Live-in Caregiver Program; these requirements are held over from the Immigration Regulations, 1978.

The Regulations specify:

— the criteria which must be met by person applying under the Program;

— what is expected of the employee and employer;

— what is required of the employee to change employers; and

— the process by which the live-in caregiver might apply for permanent residence.

What has changed

New regulatory provisions specify that live-in caregivers:

— must enter into a contract with their employer which sets out the terms and conditions of the employment; and

— may change employers after they have presented their validated job offer to an officer and have received a work permit naming the new employer.

Alternatives

The objective of setting out the relationship in a contract is to get the fairest working arrangement possible for both the employer and the caregiver while ensuring that both parties understand what is expected of them. Leaving this exercise to the discretion of the employee and employer is likely to result in the inconsistent application of this important process. Incorporating the provision that live-in caregivers can change employers in regulation, rather than applied as an administrative policy, reinforces this right of caregivers.

Benefits and Costs

Benefits

A contract indicates what the employer expects of the caregiver and will reinforce the employer's legal responsibilities to the caregiver. As well, such a contract can help the employer to easily bring to the attention of the employee his or her employment responsibilities.

The live-in caregiver regulations take into consideration the unique circumstances and potential vulnerability of live-in caregivers, the majority of whom are women. Requiring that there be a written contract between the employee and employer, will give the employee a readily available reference should there be a need to use this in support of defining the parameters of the job duties, hours of employment, salary, benefits or other terms of the employment.

Costs

There will continue to be a processing fee incurred by the employee when changing employers.

Consultation

For some time, advocacy groups have been concerned about the labour issues that arise between the employee and the employer. Having a signed document, held by both parties to the contract, will clarify the position of the employee and whether in certain circumstances there is a need to take disputes to a third party.

Compliance and Enforcement

A contract setting out terms and conditions of employment which is signed by both the employer and caregiver will be required before a work permit can be issued by a visa officer or when consideration is being given to the employee's request to work for a different employer.

Persons who hold temporary resident status and misrepresent material fact, may be reported as inadmissible and not qualify to apply for permanent residence.

Decisions related to seeking out and obtaining a subsequent work permit for a different employer is one of choice by the live-in caregiver.

Contact

Johanne DesLauriers, Director, Social Policy, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 941-9022 (Telephone), (613) 941-9323 (Facsimile).

XII — TEMPORARY RESIDENT PERMITS — PART 5, DIVISION 6

Description

Section 24 of the Immigration and Refugee Protection Act provides immigration officers with the discretion to issue a Temporary Resident Permit to authorize a foreign national to enter or remain in Canada in exceptional circumstances.

The new Temporary Resident Permit is intended to facilitate the entry and stay in Canada of foreign nationals who are inadmissible or do not meet the requirements of the Act.

Purpose of these provisions

The purpose of the temporary resident permit provisons is to prescribe circumstances where a foreign national can be considered for a Temporary Resident Permit, to establish controls over the issuance, cancellation and expiry of Temporary Resident Permits and to prescribe circumstances where permit holders may apply to become permanent residents in Canada.

What the regulations do

— prescribe the circumstances where a Resident Permit holder may apply for permanent resident status in Canada;

— prescribe conditions for the issuance of work and student permits to Temporary Resident Permit holders; and

— prescribe conditions that may or must be imposed on a Temporary Resident Permit holder.

What has changed

Under the current Immigration Act, Minister's permits and discretionary entry were separate and distinct authorities. The new Act merges these two authorities to form the Temporary Resident Permit. This change ensures that every foreign national authorized to enter or remain in Canada under special considerations has a status under the IRPA. This change simplifies and improves controls over these foreign nationals by consolidating into one document both types of authorization.

The temporary resident permit regulations make the temporary resident process more transparent and allow for easier removal of the permit holder if necessary.

Conditions placed on Minister's permits under the current Immigration Act, such as conditions related to work and study, continue to be among those that may be imposed under the new temporary resident permit provisions.

Unlike the current discretionary entry and Minister's Permit, the Temporary Resident Permit has similar characteristics to other type of permits issued to temporary residents. For example, whereas the current Minister's permit remains valid until the expiry date and may be re-used by the holder to enter Canada any number of times, authorization for the entry of Temporary Resident Permit holders into Canada is given on an individual entry basis. The Temporary Resident Permit will cease to be valid if the permit holder leaves Canada (unless the permit specifically authorizes the permit holder to re-enter Canada) regardless of its expiry date. Temporary Resident Permit holders may renew their status in Canada.

The distinction between Temporary Resident Permits and other permits issued to temporary residents is essentially on the length of the validity period and the authority that exists in the IRPA for Temporary Resident permits to be cancelled at any time. The maximum validity of a single Temporary Resident Permit will remain three years after which an officer may continue to renew the permit.

Foreign nationals in Canada on a Temporary Resident Permit due to medical inadmissibility will now be eligible to apply for permanent residence after three years instead of five years. In other cases, such as Temporary Resident Permit holders that are inadmissible on grounds of criminality or misrepresentation, they will be eligible to apply for permanent residence in Canada after five years. This change reflects the fact that, unlike other inadmissibility grounds, persons with a medical inadmissibility do not have recourse or measures to eliminate their inadmissibility such as rehabilitation or a pardon.

Temporary Resident Permit holders, who are inadmissible on grounds of security, violating human or international rights, serious criminality or organized crime will not be able to apply in Canada for permanent residence.

There is provision under the IRPA to allow Temporary Resident Permit holders to apply to become Permanent residents. An Order-in-Council is no longer required.

Alternatives

Under the current Immigration Act, issues pertaining to the functioning of the Minister's permit regime were legislated through the Act itself. An alternative to regulating would have been to continue to legislate Temporary Resident Permits through the statute. However, this is inconsistent with the principles of framework legislation.

Benefits and Costs

Benefits

Discretionary entry is no longer limited to 30 days when foreign nationals are authorized to enter and remain in Canada despite being inadmissible for minor violations of the IRPA or minor criminal offences. Under the Immigration Act, immigration officers have no discretion to admit deserving individuals into Canada for temporary periods of longer than 30 days.

The Temporary Resident Permit regime, which includes theses cases, increases the accountability of the Department, as use of this discretion must be reported annually to Parliament. Under the current Immigration Act only the use of Minister's Permits is annually reported to Parliament.

Costs

There are very minimal costs associated with the Temporary Resident Permit but these changes will involve some training of officers and changes to manuals.

Consultation

Throughout the process of developing Bill C-11 and the Immigration and Refugee Protection Regulations, Citizenship and Immigration Canada (CIC) has undertaken extensive consultations with stakeholders, immigration and refugee advocacy groups, business and labour organizations, public agencies, ethnic and religious organizations, special interest groups and practitioners. Among the groups consulted were the Canadian Bar Association, Organization of Professional Immigration Consultants, Association of Immigration Counsel of Canada, and the Canadian Council of Refugees.

Consultations with provinces and territories have been sustained through a variety of working groups, consultation papers, federal, provincial, territorial meetings and ongoing telephone consultations and contacts.

Compliance and Enforcement

Under the IRPA, Temporary Resident Permit holders have the obligation to comply with the conditions imposed on their authorization as well as the requirements of the Act. They also have the obligation to leave Canada at the end of the authorized period of stay, unless they become permanent residents.

Foreign nationals who have their Temporary Resident Permit cancelled are under the obligation to leave Canada as their "authorized period of stay" ends with the cancellation of the permit. Temporary Resident Permit holders who do not comply with the provisions of the Act or with conditions imposed on them, may be subject of an inadmissibility report under subsection 44(1) and to removal from Canada.

Where the Temporary Resident Permit does not provide for an authorization to re-enter Canada the holder who leaves and then subsequently seeks to return to Canada must meet the usual requirements to enter Canada or obtain a new Temporary Resident Permit.

Guidelines will be issued in support of these provisions to provide officers with consistent approach to the issuance and renewal of Temporary Resident Permits.

Contact

Johanne DesLauriers, Director, Social Policy, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 941-9022 (Telephone), (613) 941-9323 (Facsimile).

XIII — HUMANITARIAN AND COMPASSIONATE CONSIDERATIONS — PART 5, DIVISION 7

Description

The Immigration and Refugee Protection Act (IRPA) gives the Minister discretion to grant an exemption of any applicable criteria or obligation of the Act or grant permanent residence, when it is justified by humanitarian and compassionate or public policy considerations.

The purpose of this discretion is to provide the Minister with the flexibility to approve deserving cases. It is not an alternative stream for immigration to Canada, nor is it an appeal mechanism. It is a discretionary tool to enhance the attainment of the objectives of the Act and to uphold Canada's humanitarian tradition.

Purpose of these provisions

The intent of the humanitarian and compassionate provisions is to maintain program integrity and service to clients by providing structure for making requests for relief from the provisions of the IRPA and by setting out individual conditions that must be imposed on foreign nationals seeking relief under subsection 25(1) of the Act.

What the regulations do

— these regulatory provisions specify the form in which a request to the Minister can be made under subsection 25(1) of the IRPA;

— where the Minister grants exemptions from particular regulatory class requirements, these regulations introduce specific requirements to be met prior to the issuance of the permanent resident visa (for applicants outside Canada) or prior to the foreign national becoming a permanent resident (for applicants inside Canada); and

— the provisions prescribe the conditions that must be imposed on individuals who benefit from the specified relief from requirements specified elsewhere in the Regulations.

What has changed

The IRPA provides statutory authority to impose binding conditions on foreign nationals who are granted permanent residence for reasons of public policy or humanitarian and compassionate considerations. Under the current regime, only fiancés have a condition imposed on their landing, which is to marry the sponsor 90 days after their landing in Canada.

The specific requirements that apply to foreign nationals who do not meet the requirements of the regulatory class, but who benefit from discretion under subsection 25(1) of the IRPA, reflect current Departmental administrative practices related to foreign nationals in similar circumstances. These requirements include that adequate arrangements for their care and support have been made, and that the foreign national is not inadmissible under the Act. Such requirements are consistent with requirements on other foreign nationals under the IRPA and Regulations and ensure fair and equitable treatment of foreign nationals seeking permanent residence in Canada.

Alternatives

An alternative to regulation would be to define the application process and requirements through administrative guidelines. Although the guidelines are publicly available, placing these requirements in regulation increases transparency and creates certainty for the applicants. Guidelines could compromise program integrity if the means of application were not prescribed because they would leave the Department open to receive other forms of request, such as verbal requests. The absence of binding conditions would result in unfair and inequitable treatment of foreign nationals immigrating to Canada.

Benefits and Costs

Benefits

The primary benefit of dealing with exceptional cases through discretion is that it affords the Minister the flexibility to deal favourably with deserving cases. Discretion is a valuable element of Canada's immigration program. It benefits clients and Canadian society by enhancing the attainment of the objectives of the Act and upholding Canada's humanitarian tradition.

Conditions imposed on foreign nationals who benefit from the exercise of such discretion are necessary to protect the immigration program from abuse.

Costs

The costs associated with these provisions will include training of officers and staff as part of the overall training for the IRPA's implementation.

A modest cost will be incurred to develop and implement a communication plan to inform the public and stakeholders of these new regulatory provisions.

It is not possible to forecast the impact the new Act and new public policies will have on the program.

Consultation

Throughout the process of developing Bill C-11 and the Regulations, the Department of Citizenship and Immigration has undertaken extensive consultations with stakeholders, immigration and refugee advocacy groups, business and labour organizations, public agencies, ethnic and religious organizations, special interest groups and practitioners.

Consultations with provinces and territories have been sustained through a variety of working groups, consultation papers, federal, provincial and territorial meetings, and ongoing telephone consultations and contacts.

Compliance and Enforcement

To ensure uniform compliance with these provisions, training will be given to officers and a communication plan will be developed to inform the public.

The regulatory conditions are being established to facilitate self-compliance by permanent residents. However, if situations arise where follow-ups by officers are required, these will be done within the context of an inadmissibility report and an admissibility hearing under the IRPA.

Non-compliance of the conditions imposed may lead to the loss of permanent residence status and the removal of the foreign national.

Contact

Johanne DesLauriers, Director, Social Policy Division, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 941-9022 (Telephone), (613) 941-9323 (Facsimile).

XIV — FAMILY CLASS — PART 6

Description

Canadian immigration policy and legislation has a long tradition of supporting family reunification which permits both recent immigrants and long-established Canadians to be reunited with their close family members from abroad. The support of sponsors assists new immigrants in achieving self-reliance and more quickly contributing to their communities.

The Immigration and Refugee Protection Act (IRPA) and IRP Regulations maintain this tradition. Subsection 12(1) provides that foreign nationals may be selected as members of the family class on the basis of their relationship to a Canadian citizen or a permanent resident; subsection 13(1) allows Canadian citizens and permanent residents to sponsor members of the family class. Family class members include the spouse, common-law partner, dependent children, parents, grandparents and other prescribed family members.

A separate Regulatory Impact Analysis Statement was developed for children who may be sponsored as members of the family class, other than those who are the child of the sponsor by birth; this includes children adopted or to be adopted by, or under the guardianship of, a Canadian citizen or permanent resident.

Purpose of these provisions

The intent of these regulations is to ensure that:

— the process and criteria by which members of the family class are selected are clear and transparent; this includes the requirements and obligations of sponsors;

— current social realities are taken into account in the defining of family class membership; and

— legislation is consistent with other legislation or principles to which Canada is committed.

What the regulations do

The IRP Regulations reflect Canada's commitment to family reunification while recognising that this must be done with an accountability of the sponsor to honour their obligations in the care and maintenance of the new immigrants.

In 1997, a number of steps were taken to tighten sponsorship criteria (Canada Gazette, Part II, Vol. 131, No. 7, SOR/97-145, published on March 18, 1997); however, there is broad agreement that additional measures need to be taken to better ensure that sponsors have the resources necessary to meet their obligations to family members.

There is also strong support for measures that will minimize abuse of Canada's social programs and benefits by taking action to encourage sponsors to resume their obligations in the early stages of default or failing that, to hold sponsors accountable for social assistance costs. The Act was amended to permit collection from defaulting sponsors through collection activities, rather than litigation.

The Regulations provide the framework by which family class sponsorships are processed: defining not only who may be sponsored as a member of the family class and where but also, specifying baseline requirements that must be met by the sponsor and the applicant as well as the consequences of sponsorship default. They provide officers with an objective basis by which to:

— determine who can sponsor;

— assess the ability of sponsors to support their relatives to establish in Canada;

— enumerate the obligations of sponsorship and implement the consequences of defaulting on these obligations;

— identify which foreign nationals can be selected as members of the family class;

— determine the requirements to be met by foreign nationals before entering Canada and the circumstances under which an applicant is inadmissible; and

— identify the circumstances under which an application to sponsor can be suspended.

More detailed information on sponsorship undertakings and other sponsorship eligibility criteria rolled over from the Immigration Regulations, 1978 can be found in Canada Gazette, Part II, Vol. 131, No. 7, SOR/97-145, published on March 18, 1997.

What has changed

For common-law partners, the Regulations:

— introduce, for the first time, that common-law partners may be sponsored and define a "common-law partner" to include a person who is cohabiting in a conjugal relationship with another person, having so cohabited for a period of at least one year;

— provide that an individual in a conjugal relationship for at least one year with a person, but who is unable to cohabit with the person, due to persecution or any form of penal control, may be considered a common-law partner of that person;

— add the words "and common-law partner" where the term "spouse" appears, so that all provisions applicable to spouses are applicable to common-law partners; and

— exclude relationships of convenience entered into for immigration purposes.

For spouses and common-law partners in Canada, the Regulations:

— create an in-Canada landing class for sponsored spouses, common-law partners and their dependent children;

— allow in-Canada spouses and common-law partners to work while their application is in process; and

— define the requirements to be met by spouses and common-law partners in Canada.

For fiancé(e)s and intending common-law partners, the IRP Regulations:

— no longer include the relationship of fiancé(e) in the definition of family class;

— prescribe that the application of a fiancé(e) or intending common-law partner, to a Canadian citizen or permanent resident, will be considered pursuant to subsection 25(1) of the IRPA under humanitarian and compassionate/public policy provisions.

For dependent children, the Regulations:

— broaden the definition of a dependent child to include children under 22 years of age, (increased from 19 years), who are not in a conjugal relationship at the time of sponsorship or immigration application (even though they may have been in a conjugal relationship in the past); and

— now include unmarried children over 22, if they are full-time students, mentally or physically disabled and dependent on their parents.

For sponsorship eligibility and duration, the Regulations:

— reduce the age at which Canadian citizens or permanent residents are eligible to sponsor, from 19 to 18 years of age;

— reduce the length of sponsorship undertaking from 10 to 3 years for spouses and common-law partners;

— increase the duration of sponsorship undertaking for children from a maximum of 10 years to 10 years or age 22, whichever is longer;

— simplify calculation of income for the purpose of sponsorship by allowing sponsors to use last year's filed federal income tax form as evidence of adequate income; and

— allow for the consideration of other evidence of income, when appropriate.

For sponsorship enforcement, the Regulations:

— provide that persons in default of court-ordered spousal or child support payments are ineligible to sponsor family members unless they can demonstrate that they have resolved the matter to the satisfaction of the province;

— provide that persons who are in receipt of social assistance, other than for reason of disability, are ineligible to sponsor family members; subject to meeting any applicable provincial requirements, barriers to sponsorship may be waived for reasons of public policy or on humanitarian and compassionate grounds;

— prevent persons convicted of a crime related to domestic abuse, for which no pardon has been granted, or in the case of a foreign conviction, where rehabilitation can not be demonstrated, from sponsoring a member of the family class; and

— enable the suspension of a sponsorship application in cases where the sponsor is a Canadian citizen whose citizenship is in the process of being revoked until such time that a decision is made as to the sponsor's status in Canada.

In assessing the admissibility of the spouse, common-law partner or child of a sponsor, excessive demand, for reason of a medical condition, is no longer a bar in the processing these family class sponsorships.

Alternatives

There are no workable alternatives to a regulatory framework for substantive changes to the family class definition and modifications of the sponsorship program. The amendments are required to support new definitions introduced, ensure consistency with provincial legislation and international conventions. Regulatory change also is required to improve the evaluation of the sponsor's capacity to fulfil their sponsorship obligations and provide for the consequences of default.

Benefits and Costs

Benefits

Amending definitions under the family class provides for equal treatment under the law for common-law couples of the same or opposite sex by expanding the family class to include the term "common-law partner." The processing in Canada of spouses and common-law partners and their dependent children, mirrors the requirements that must be met by these persons processed abroad.

The family regulations address issues that relate to adult children recognizing that some young adults enter new family relationships at a younger age, while others remain with their parents for a longer period of time. Given the importance placed on education, it is not unusual for some children to remain with their nuclear family while pursuing higher education before entering the labour market. The expanded definition of "dependent child" better reflects longer child dependency, in some of these cases; this definition also takes into account that children may have obligations in their country of origin, such as the performance of military duty, which may preclude their being able to immigrate within a specified period of time. Under current legislation, these cases require review on a case by case basis to determine whether grounds exist to exercise humanitarian and compassionate consideration.

The IRP Regulations include not only facilitative measures but also control elements to ensure that sponsorship obligations are respected; access to social services by a sponsored family member at any time during the sponsorship period is a default of the undertaking. When these cases come to the attention of Citizenship and Immigration, the sponsor will be contacted to ensure that the default is promptly remedied. Failure to comply could result in collection action being taken against the sponsor to recover the value of the social assistance benefits granted. To this end, a collection unit is to be established. Any default of a sponsorship undertaking will also be noted should the sponsor seek to make a subsequent sponsorship application. These measures strengthen the integrity of the sponsorship program. It is expected that all levels of government will realize financial savings through the enhanced default deterrence mechanisms and less cumbersome collection practices.

These provisions enable the sponsorship of a common-law partner, which may include sponsorship of a partner of the same sex. The changes ensure consistency with the Charter of Rights and Freedoms and the intent of the Modernization of Benefits and Obligations Act. The Regulations are sensitive to the reality that in some countries same-sex couples are not able to live together.

By allowing in-Canada consideration of some family class cases and broadening the definition of dependant child, these new Regulations demonstrate legislative policy intent that is responsive to current social realities. The new provisions recognize that in some cultures, unmarried daughters will continue to live with their parents. This in turn eliminates undue hardship on the family in such situations where, under current legislation, consideration under the discretionary decision-making powers in the current Immigration Act is required.

The IRP Regulations take into account the protection of dependent children and spouses or common-law partners from violence. The duration of sponsorship was decreased from 10 to 3 years given concerns that domestic violence is aggravated by the implied dependency imposed on the sponsor by the undertaking of support. The sponsor's obligations to a sponsored child are in effect until the child is at least 22 years of age; this provision helps protect these immigrants from being abandoned by their sponsors. A sponsor's obligations, as given by court order, to support children and/or partners are taken into account when assessing a sponsor's eligibility to make a sponsorship application.

Costs

An estimated increase in resources is forecast for review, examination, and assessment related to amendments to the definition of dependent child, the inclusion of common-law partners and imposition of sponsorship bars.

There will be financial costs with respect to the acquisition and implementation of a collection system; the establishment of a collection unit and on-going maintenance of the system; however, these expenditures may be recoverable from the proceeds collected. The day-to-day operations of sponsorship default collection will be cost neutral. Memoranda of Understanding with provinces are required in order to exchange information.

More stringent eligibility criteria will mean that some Canadian citizens and permanent residents will be unable to bring their immediate family members to Canada.

Training will be given to officers, both inland and at missions abroad, in the context of introducing new legislation.

Consultation

Throughout the process of developing Bill C-11 and the Regulations, Citizenship and Immigration Canada has undertaken extensive consultations with stakeholders, immigration and refugee advocacy groups, business and labour organizations, public agencies, ethnic and religious organizations, special interest groups and practitioners. Among the groups consulted were the Canadian Bar Association, Organization of Professional Immigration Consultants, Association of Immigration Counsel of Canada, Barreau du Québec, LEGIT, EGALE, Adoption Council of Canada, and the Canadian Bureau for International Education.

Among the groups and organizations consulted on gender-based issues were the National Action Committee on the Status of Women, Family and Children's Services Adoptions, Jewish Immigrant Aid Services of Canada, Sahara Indo-Canadian Women's Group, Fédération des femmes du Québec, and Action ontarienne contre la violence faite aux femmes.

Consultations with provinces and territories have been sustained through a variety of working groups, consultation papers, federal, provincial, territorial meetings and ongoing telephone consultations and contacts.

Compliance and Enforcement

The principal applicant, and any dependants, must meet all applicable immigration requirements to be granted an immigrant visa. These requirements include, among others, that they satisfy the officer that they meet the definition as members of the family class and that a genuine relationship exists between them and the sponsor. Failure to so satisfy the officer that applicants meet all requisite requirements may result in a refusal of the application.

Common-law couples are required to satisfy an officer that they have been residing together in a conjugal relationship for at least one year and that their relationship has not been established for immigration purposes. Failure to satisfy the officer may result in a refusal of the application.

If after becoming a permanent resident, any person, sponsored as a member of the family class, is found to have misrepresented material fact, a report may be written and removal action may be sought.

Sponsorship default that is not resolved by a sponsor may affect future undertakings that he or she may wish to submit.

Contact

Johanne DesLauriers, Director, Social Policy, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 941-9022 (Telephone), (613) 941-9323 (Facsimile).

XV — ADOPTION AND GUARDIANSHIP — PART 6, DIVISION 1

Description

Family reunification has been a long-standing objective of the immigration program and continues to be recognized as an important component of the Immigration and Refugee Protection Act. Evolving social realities and changing structure of the family have warranted changes to the definition of the Family Class. This Regulatory Impact Analysis Statement (RIAS) will specifically focus on Family Class applications which are submitted as a result of an adoption or guardianship arrangement.

In addition to the existing provisions to allow the sponsorship of children who are legally adopted outside Canada and whose adoptions are to be processed, in whole or in part, through Canadian provincial courts, certain children under guardianship and children who are related to their sponsor by simple adoption have been included in this category, if they satisfy specific criteria.

Purpose of these provisions

The intent of the adoption and guardianship regulations is:

— to provide guidelines that are equitable, to the degree possible, in the consideration of adoption and adoption-like cases; and

— to promote consistency in assessing the best interests of children, maintaining Canada's commitments as signatory to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and the United Nations Convention on the Rights of the Child.

What the regulations do

In general terms, the adoption and guardianship regulations:

— facilitate the entry of children whom Canadian citizens or permanent residents adopt abroad, whom they intend to adopt in Canada or for whom they are the legal guardians;

— protect the interests of adoptive children and children placed in care, of their birth parents and of their adoptive parents or caregivers, by incorporating specific provisions to ensure that informed decisions are being made;

— ensure that legislation is in accord with various conventions to which Canada is a signatory; and

— ensure program integrity by denying entry to children whose adoptions do not create a parent-child relationship or whose guardianship arrangements are meant to circumvent immigration requirements.

What has changed

The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption has provided the guiding principles in developing these provisions which require that there be an assessment of the child's best interests in the context of adoption (both full and simple) or guardianship.

The provisions specify factors to be met on all application for adoption and guardianship. These factors are that:

— the adoptive parents or guardians are to be fully informed about the child's health status in advance of a visa being issued to the child; thereby militating against cases of abandonment which sometimes occur when parents only become aware of the child's health problems after his/her arrival in Canada;

— a competent authority in the province to which the child is destined has conducted or approved a home study of the adoptive parents or guardians;

— the adoption or guardianship arrangement does not involve any undue gain or improper financial transaction;

— the adoption or guardianship arrangement is in accordance with the laws of the place where the adoption or guardianship took place; and

— the child is sponsored by a person who meets all applicable conditions of sponsorship.

With respect to both full and simple adoption cases, the IRP Regulations require that:

— the parents give genuine and informed consent to the adoption in advance of the child's application;

— the adoption creates a genuine parent-child relationship; and

— in the case of full adoptions, the adoption terminates any pre-existing, legal parent-child relationship involving the adoptive child.

Adoptions in Canada

The criteria to be met by children to be adopted by their sponsor in Canada have been brought in line with what is required for adoption and guardianship cases. Specifically, children to be adopted in Canada must meet the following requirements:

— the adoption is not primarily for the purpose of obtaining permanent residence in Canada;

— the child has been placed for adoption in their country of residence and there is no evidence that this was done for the purpose of child trafficking or undue gain;

— the child is not permitted to be adopted in their country of residence either by means of a simple or full adoption; and

— a competent authority of the province of intended destination has stated in writing that it does not object to the adoption.

Guardianships

Recognizing that, in some countries, adoption of any kind is not an option to children in need of care, the Regulations expand the Family Class to include children in guardianship relationships to Canadian citizens or permanent residents. The Regulations establish the conditions which are to be met for these children to be eligible to be sponsored by a guardian in Canada, specifically:

— the child is orphaned (both parents deceased) or is declared abandoned by a competent authority;

— the child is less than 18 years old and has never been married;

— the child resides in a country that does not allow for full or simple adoption or adoption is not available to the child;

— the competent authority in the country in which the child resides gives a documented decision to entrust the Canadian citizen or permanent resident with guardianship of the child and authorizes the child to leave the country;

— the province of destination states, in writing, that it does not oppose the guardianship and recognizes it for the purposes of provincial law; and

— the Regulations require that the guardianship was not entered into primarily for the purpose of obtaining permanent resident status in Canada.

Simple Adoptions

The provision to process simple adoption cases within the Family Class demonstrates Canada's commitment to international instruments such as the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoptions to which Canada is a signatory. The new provisions set out the conditions under which a child may be sponsored on the strength of a simple adoption. These are:

— a full adoption is not possible in the child's country of origin;

— the competent authority of the province of the child's intended destination agrees in writing to convert the simple adoption into a full adoption once the child is in Canada; and

— before the adoption, the child's birth parents give genuine and informed consent to the conversion of the simple adoption to the full adoption.

A person who, as a child, was adopted outside Canada and whose adoption is subsequently revoked by a foreign authority, may only sponsor an application for landing made by a member of the family class if an immigration officer is satisfied that the revocation of the adoption was not obtained for the purpose of sponsoring the application. Information about this may be found in the Canada Gazette, Part II, SOR/93-44 published on February 10, 1993. This regulation is expanded to include a revocation order issued by a Canadian court.

Alternatives

As a signatory to both the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption and the United Nations Convention on the Rights of the Child, Canada has pledged to ensure that adoptions and other child care arrangements are done in the best interests of the child. Only a regulatory framework reflecting the safeguards and child protection measures found in these agreements provides that the best interests have been properly and consistently assessed.

Benefits and Costs

Benefits

In some countries, full adoption does not exist or its availability is restricted. Under current legislation, nothing exists to allow these children to apply for permanent residence in Canada on the strength that they are under the guardianship of a Canadian citizen or permanent resident. The same situation exists for adoptive parents whose only option in the country in which the child resided was to complete a simple adoption. Expanding the Family Class to include guardianship arrangements and simple adoptions will minimize hardship situations which have been faced by these families. The inclusion of simple adoptions and guardianship in the Family Class will increase opportunities for family reunification.

The Immigration and Refugee Protection Regulations extend many of the child protection measures found in The Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption to all children not only those coming from signatory countries. This ensures that all children are protected by equitable safeguards.

Costs

The addition of guardianship and simple adoption to the Family Class may lead to increases in workload at some Canadian missions abroad. Additional costs will be incurred in the training of staff and changes to information technology.

Consultation

Consultation documents dealing with adoption and related immigration issues were shared with all provinces and territories. In most cases, provinces and territories provided written responses. Immigration officials have consulted provincial adoption coordinators and other provincial authorities on a multilateral and bilateral basis to explain and discuss proposals for change.

Among non-government groups commenting on adoption and related issues were the Adoption Council of Canada and the International Adoption Family Association.

Compliance and Enforcement

A child's application for permanent residence will be refused in situations that an adoption or guardianship does not meet the child protection measures found in these Regulations.

A record is maintained on sponsors who default on their sponsorship obligations. Defaulting on previous sponsorships may affect a person's eligibility to submit subsequent undertakings.

Contact

Johanne DesLauriers, Director, Social Policy, Selection Branch, Citizenship and Immigration Canada, Jean Edmonds Tower North, 7th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1, (613) 941-9022 (Telephone), (613) 941-9323 (Facsimile).

XVI — REFUGEE CLASSES: REFUGEE AND HUMANITARIAN RESETTLEMENT PROGRAM — PART 7, DIVISIONS 1 AND 2

Description

Section 99 of the Immigration and Refugee Protection Act provides that foreign nationals may make a claim for refugee protection outside Canada and be selected for resettlement to Canada.

Canada's Refugee and Humanitarian Resettlement Program (resettlement program) reflects Canada's commitment to protect refugees and persons in need of humanitarian assistance who are in refugee-like situations. The resettlement program as delineated in the Immigration and Refugee Protection Regulations is comprised of three classes: (1) Convention Refugee Abroad Class (2) Country of Asylum Class and (3) Source Country Class. All classes apply to persons abroad who are seeking resettlement to Canada and who are without the possibility, within a reasonable time frame, of a durable solution (voluntary repatriation, resettlement in the country of asylum or resettlement to a third country other than Canada).

The Current Refugee and Resettlement Program

Convention Refugees Seeking Resettlement

Canada is a signatory to the 1951 Convention relating to the Status of Refugees (the Convention) and its related 1967 Protocol, guaranteeing protection for refugees in its territory. This class includes Convention refugees who are outside their country of citizenship or habitual residence; and who are unable or unwilling to return to their home country because of a well-founded fear of persecution for reasons of race, religion, nationality, political opinion, or membership in a particular social group.

In the last five years, 44 314 Convention refugees have been selected for resettlement from abroad and have landed.

Humanitarian Designated Classes

Canada established the Country of Asylum and Source Country Classes (Humanitarian Designated Classes) in 1997 as a means to provide protection to persons who are in refugee-like situations. The Country of Asylum Class includes persons outside their country of citizenship or habitual residence and who are seriously and personally affected by civil war or armed conflict or who are suffering from massive violations of human rights including abuse of human rights that are based on gender.

The Source Country Class includes persons who would meet the definition of Convention refugee if they were not still in their country of citizenship or habitual residence. It also includes persons who are suffering serious deprivations of the right of freedom of expression, the right of dissent or the right to engage in trade union activity and have been detained or imprisoned as a consequence. Eligibility for the Source Country Class is restricted to citizens or habitual residents of countries listed in the Schedule to the Humanitarian Designated Classes Regulations (HDC Regulations). For a country to be included on the Source Country Schedule, not only must there exist conditions within the country concerned which produce members of the Source Country Class, but also Canada must be able to process applicants safely from within that country. The inclusion of a country on the Schedule must also be consistent with overall Canadian humanitarian strategies. Through this class, Canada is able to respond to international crises.

In the past five years, 9 173 members of the Humanitarian Designated Classes have been selected for resettlement from abroad and have landed.

More detailed information concerning the administration of the HDC Regulations can be found in the Canada Gazette, Part II, Vol. 135, SOR/2001-224 published on July 4, 2001.

Purpose of the provisions

The intent of the refugee resettlement program regulations is to:

— relax the criteria used to assess an individual's ability to establish in Canada and emphasize the need for protection;

— establish transparent criteria to ensure that Citizenship and Immigration Canada is able to quickly identify refugees most in need of protection;

— provide a formal mechanism to allow following dependants who have been separated from the principal applicant who is already in Canada, to be processed at a mission abroad without the need for a sponsorship; and

— establish new ways individuals and corporations may sponsor a refugee and enhance the accountability of the private sponsorship program.

What the regulations do

In general terms, the refugee resettlement program regulations:

— allow dependants of refugees to be processed as part of the same application for a period of up to one year after the principal applicant has entered Canada;

— specify that criteria for evaluating ability to successfully establish in Canada shall include factors such as the presence of relatives in Canada and the assistance of a sponsoring group;

— define "urgent need of protection" so that the term refers to a person whose life, liberty or physical safety is under immediate threat;

— define "vulnerable" to refer to a person whose physical safety is at more risk than the general refugee population because of particular personal circumstances;

— provide authority to exempt refugees in urgent need of protection and vulnerable cases from the requirement to be assessed on ability to successfully establish;

— stipulate the two ways by which an application for resettlement may be submitted as being referral by an organization such as the United Nations High Commissioner for Refugees (UNHCR) or through private sponsorship;

— remove the reliance on international organizations to provide the travel documents needed to allow refugees to exit or transit countries en route to Canada; and

— ensure the roles and responsibilities of sponsors are clearly understood.

What has changed

In summary, the policy shifts reflected in the Refugee and Humanitarian Resettlement Program are:

An application when submitted must be accompanied by a referral from the UNHCR, a private sponsor, or another organization with which the Minister has concluded a Memorandum of Understanding. An applicant may, however, submit a visa application directly to the mission when: (a) the referral organizations are unavailable to provide referrals; (b) the referral organizations advise the Minister they are unable to meet the conditions of the agreement; or (c) the circumstances relating to the protection needs in an area justify accepting applications submitted without a referral.

Current administrative guidelines are codified to formally allow family members, who are separated from the principal applicant who is already in Canada, one year in which to apply for resettlement without the need to be sponsored under the family class sponsorship program.

The factors to be considered when assessing a person's ability to establish have been re-defined. The focus is now on social rather than economic factors and persons who are found to meet the definitions of urgent or vulnerable will no longer be assessed against the establishment requirement.

The definition of source country, including the Schedule of Countries remains the same; however, the sunset clause is eliminated and is replaced by a provision that allows the Minister to make recommendations about amendments to the list to the Governor in Council after consultations with interested stakeholders.

The IRP Regulations permit an individual citizen or permanent resident to partner with a corporation to sponsor a refugee and accompanying dependants. The provisions preclude an individual who wants to partner with a corporation for the purposes of sponsoring a refugee from entering into an agreement if the individual is under a removal order, confined in a penal institution, is in the process of having his or her citizenship revoked or is in default of court-ordered child support payments. The Regulations will also prohibit persons who have been convicted of serious or violent crimes against a person and who have not received a pardon, from entering sponsorship agreements.

The Regulations codify the practice of limiting government assistance to those most in need of refugee resettlement because they face more serious consequences if returned to, or left in, their country of origin. This means government assistance is still limited to Convention refugees and members of the Source Country Class.

In addition, in spite of the limitation restricting government assistance, the policy of providing government assistance to members of all classes with special needs is codified in the Regulations. This will ensure that refugees selected for resettlement who face particular barriers to integration are eligible to receive the extra help needed to establish themselves in Canada. The provisions specify the types of special needs that are eligible for assistance.

Alternatives

There are no workable alternatives to a regulatory framework for the resettlement program. The existing regulations cease to exist on the implementation of the new Immigration and Refugee Protection Act and therefore, new regulations are needed to support the delivery of the program and to facilitate protection of refugees.

Administrative guidelines to facilitate family reunification have been in place for two years. The guidelines have led to some inconsistencies in application. Clear regulatory provisions regarding who is admissible and who is exempt from rules established for assessing ability to establish in Canada are needed to provide transparency for client groups and those administering the program. The Regulations will also lend transparency to the new mechanisms that have been put in place to regulate access and allow missions to focus on processing meritorious cases.

Benefits and Costs

Benefits

The new regulations enhance Canada's Refugee and Humanitarian Resettlement Program by:

— facilitating the reunification of refugee families;

— identifying and assisting persons with urgent protection needs and those in vulnerable situations;

— emphasizing the need for protection and relaxing the criteria used to assess successful establishment;

— introducing mechanisms to ensure access to the program is linked to Canada's resettlement capacity and focuses on those most in need of protection; and

— revitalizing the private sponsorship program by increasing the types of private sponsorships.

Family re-unification — From the standpoint of family re-unification, the provisions will have a positive impact by allowing for the concurrent processing of families, and where this is not possible, allowing for their quick reunification. As a result, separation periods will be reduced and emotional and financial hardships lessened. The impact for women and children will be positive, as it is they who most often remain behind.

Exemption from ability to establish — Women identified as vulnerable, or in urgent need of protection, are exempt from the requirement to demonstrate an ability to establish successfully. This allows refugee women who may otherwise not be eligible to be selected and resettled in Canada. The re-defining of the factors to be considered when assessing refugees on their ability to establish also have a positive impact on women. The new factors allow for women refugees to be assessed on the basis of their potential for employment rather than past employment history. This measure allows women refugees to be assessed based on skills and abilities gained outside of formal educational or work environments.

Sponsorship bar — The sponsorship bar for individuals who are in default of court ordered spousal or child support payments will ensure that those who are unable or unwilling to live up to current family financial obligations do not incur future financial commitment through the immigration process. This addresses concerns about the economic vulnerability of women and children upon sponsorship breakdown and should have positive gender impacts.

New sponsorship privileges are denied to persons convicted of a crime related to personal injury unless a pardon has been granted, or until five years have passed after the expiration of the sentence imposed. The provisions will have a positive impact and will contribute to reducing the vulnerability of immigrant and refugee women to violence.

Costs

The refugee resettlement program regulations implement no new measures that are likely to significantly increase the volume of refugee and humanitarian resettlement program cases. They mainly establish a new basis in law for current programs or codify existing administrative practice. Hence, any rise in the cost of administering this program is not likely to be significant. The implementation and ongoing administration of the regulations will incur a moderate increase in costs due to an increase in the complexity of cases and the need to increase liaison and monitoring of family members who later follow principal applicants and private sponsorship cases.

Consultation

Among the non-governmental organizations consulted were: the UNHCR, the Canadian Council for Refugees, Sponsorship Agreement Holders, Action Réfugié Montréal and the Calgary Immigration Society. Feedback was received in the form of written submissions and in person during numerous consultation meetings held between March 1999 and October 2001.

Compliance and Enforcement

The submission of an application for a permanent resident visa is a discretionary action on the part of the applicant. Officers assess applicants against the class definitions and the requirements of the Act and Regulations to ensure that they qualify to be issued a visa as a member of the Convention Refugee Abroad Class, the Country of Asylum or the Source Country Class.

Contact

Richard Herringer, Director, Resettlement Division, Citizenship and Immigration Canada, Jean Edmonds Tower South, 17th Floor, 365 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 957-9349 (Telephone), (613) 957-5849 (Facsimile).

XVII — PRE-REMOVAL RISK ASSESSMENT — PART 7, DIVISION 3

Description

Section 112 of the Immigration and Refugee Protection Act (IRPA) provides that, with certain exceptions, persons in Canada may, in accordance with the Regulations, apply to the Minister for protection if they are subject to a removal order that is in force.

The mechanism provided for the evaluation of such applications is the Pre-Removal Risk Assessment (PRRA). Any person awaiting removal from Canada who alleges risk will not be removed prior to risk assessment. For most applicants a positive determination results in the granting of protection and subsequently, in the granting of permanent residence. However, in the case of applicants described in subsection 112(3) of the IRPA, a positive determination simply stays the execution of the removal order. A negative determination results in removal from Canada.

Subsection 112(3) refers to persons who:

— have been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality; or

— have made a claim to refugee protection that was rejected on the basis of Section F of Article 1 of the Refugee Convention; or

— are named in a security certificate further to subsection 77(1) of the IRPA.

The policy basis for assessing risk prior to removal is found in Canada's domestic and international commitments to the principle of non-refoulement. This principle holds that persons should not be removed from Canada to a country where they would be at risk of persecution, torture, risk to life or risk of cruel and unusual treatment or punishment. Such commitments require that risk be reviewed prior to removal.

Section 116 of the IRPA provides the authority for the making of regulations on any matter regarding the Pre-Removal Risk Assessment. In particular, it allows for provisions regarding the procedures to be followed with respect to applications for protection, including the establishment of factors to determine whether an oral hearing is required.

Purpose of these provisions

The pre-removal risk assessment regulations provide a framework for the implementation of the PRRA such that Canada's domestic and international obligations are honoured and that the safeguards provided by the Canadian Charter of Rights and Freedoms are respected.

In addition, the regulations encourage applicants to exercise diligence in making their applications according to specific objective timelines in order to ensure that the PRRA assessment remains linked in time to removal.

What the regulations do

The regulations on the pre-removal risk assessment:

— provide that potential applicants will be formally notified that they may apply for protection through PRRA prior to removal from Canada;

— establish the time and the manner in which such notification is given;

— specify the timeframes for the making of an application and written submissions in support of the application and provide for a stay of execution of removal order for applications submitted within the time frames until such time as the final determination is made; and

— provide for the making of subsequent applications without notification once the initial application period has expired or after an initial application has been rejected and specify that such applications do not benefit from a stay of execution of removal order;

— specify the factors that decision-makers shall consider in determining whether an oral hearing is required:

— establish rules and procedures governing the holding of oral hearings such that:

— provide for an application to be declared abandoned when an applicant fails to report for an oral hearing, is given notice to report on a subsequent date and does not report on that date or when the applicant departs from Canada before the PRRA is carried out;

— provide for applicants to withdraw an application by sending written notice thereof to the department;

— specify that the effect of abandonment or withdrawal of an application is rejection of the application for protection; and

— set out special procedures for consideration of an application for protection by persons described in subsection 112(3).

For cases described in subsection 112(3), risk assessment is not carried out against the grounds in the Geneva Convention. Instead, risk is assessed against a more restrictive set of criteria which includes the grounds identified in the Convention Against Torture as well as risk to life, or risk of cruel and unusual treatment or punishment. The Regulations stipulate that an assessment of risk to the applicant, if he or she were to be returned to the country where risk is alleged, is provided to the Minister. A separate assessment takes into account whether the applicant constitutes a danger to the public in Canada, the nature and severity of acts committed by the applicant and whether the applicant represents a danger to the security of Canada. In deciding whether a stay should be granted, the Minister considers these assessments as well as the applicant's response to the assessments.

In cases where the Minister has grounds to reconsider a previous decision to grant a stay, a similar procedure for the conduct of such re-considerations is established in the Regulations.

The pre-removal risk assessment regulations also provide that written reasons for a protection decision are to be provided to an applicant upon request.

What has changed

The Pre-Removal Risk Assessment is a new mechanism and, as such, has no direct equivalent under the current legislation.

In effect, by having the Immigration and Refugee Board (IRB) examine consolidated protection grounds (the Geneva Convention, the Convention Against Torture and the risk to life or the risk of cruel and unusual treatment or punishment), the type of assessment carried out under Post Determination Refugee Claimants in Canada Class (PDRCC) regulations is now incorporated into the determination made by the IRB. The use of the same consolidated protection grounds at the PRRA stage makes risk assessment for failed claimants simpler, in that it is limited to the consideration of new evidence and constitutes a file update.

While access to risk assessment through PDRCC was limited to failed claimants, various additional populations now have access to PRRA. Potential applicants include those found to be ineligible for consideration by the IRB, repeat claimants who no longer have access to the IRB, as well as those who have had risk assessed previously under PRRA but who have not been removed from Canada after a negative protection decision. In the latter case, the PRRA will consist of a file update in the event that new evidence is presented.

The PRRA is closely linked in time to removals and is carried out immediately prior to removal.

While PRRA is a paper-based process for most applicants, it does allow for the possibility of oral hearings where the PRRA decision-maker has concerns regarding the credibility of the applicant. The decision to hold a hearing will be made based on the prescribed factors mentioned earlier. Allowing for the possibility of hearings will ensure that PRAA decision-makers have the tools necessary to ensure a fair and effective risk review.

The new regulatory framework formalizes procedural matters for PRRA such that relevant rules and standards are clearly explained in the Regulations themselves, thus enhancing transparency and uniformity of treatment.

Alternatives

The procedures concerning the pre-removal risk assessment could have been written in the form of administrative guidelines rather than regulations. However, such guidelines would have suffered from the same shortcoming as those surrounding the PDRCC. They would not be binding on either applicants or decision-makers, they would not be as transparent and they would not ensure uniformity of treatment.

Among the factors considered in arriving at an appropriate mechanism for carrying out the pre-removal risk assessment was the need to ensure a balance between a fair and effective risk assessment process and the integrity of the removal process.

Case law in this area indicated that, although the courts had required a risk assessment before removal, particularly in cases where a significant period of time had passed since the protection decision, they had not stipulated any required format for such an assessment. Legal requirements could have been met by a risk assessment process in which the decision was based on consideration of a paper application supported by the opportunity to make written submissions.

It was recognized, however, that transparency requires such a process to be conducted by independent decision-makers and that the PRRA had to provide for an adequate opportunity to present evidence in order to meet Charter of Rights obligations. Furthermore, the process has to be efficient and designed in such a way that it provides minimum opportunities to delay removal while meeting basic Charter and international human rights obligations.

Benefits and Costs

Benefits

Many of the benefits of these provisions are not readily quantifiable as they are directly linked to fundamental justice, procedural fairness and Canadian values. It is also important to note that the regulations ensure compliance with Canada's international commitments and obligations with regard to protection.

The key improvements derived from regulations are procedural fairness, clear rules, and uniformity of process and consistency of decision making. Compliance by the applicant is encouraged through the availability of an automatic stay of removal for those who comply with the rules.

Costs

It is anticipated that PRRA will result in intermediate costs due primarily to its universal availability, the formality of the process and the possibility of oral hearings. The current process, PDRCC, being under-resourced has suffered from significant inventory levels and processing delays.

The new PRRA Officers and Removal Officers will require training to implement and ensure overall consistency and integrity of this new program.

The pre-removal risk assessment regulations have a significant impact on enforcement resources. Removal officers have the task of co-ordinating removal arrangements such that travel documents need to be available and itineraries established in tandem with the PRRA process itself. The scheduling of applications for travel documents and the making of travel arrangements are critical components in ensuring that removal is effected rapidly in the event of a negative PRRA decision.

Given the link in time between PRRA and removals, some applicants, fearing imminent removal, react to receipt of the notice to apply for PRRA by going underground. A similar reaction may result when call-in notices are sent out to applicants required to report for an oral hearing. Although the same phenomenon has been observed under the PDRCC system, the proportion of applicants choosing to flee is expected to increase as applicants will now receive advance notice of the PRRA assessment. As a result, increased use of investigation resources will likely be required in the PRRA context.

Recruitment and training of new PRRA decision-makers must precede implementation.

Consultation

Discussion papers outlining the rationale behind regulatory policy orientations were drafted and distributed to a number of parties for comment. They formed the basis of consultations. Consultations took place both formally and informally and included parties such as the Canadian Council for Refugees (CCR), the United Nations High Commissioner for Refugees (UNHCR) and the Immigration and Refugee Board (IRB).

Notwithstanding the fact that the relevant jurisprudence allows for hearings to take place on paper, external parties raised the concern that oral hearings should be granted to PRRA applicants. Some argued that all applicants should benefit from an oral hearing. The criteria specified in the Regulations help decision-makers to determine whether a hearing is required. These criteria take into account the concerns identified, the importance of the PRRA decision to the individual and the need to provide an appropriate level of control over the number of cases in which an oral hearing is held, in order to ensure the timeliness of the removals process.

Representations from stakeholders argued that individuals should be allowed to make multiple applications for PRRA in the event that circumstances had changed since the time of an earlier protection decision. They also argued that all applications should benefit from automatic stay provisions. The Department agreed with the view that applicants should be able to apply for a new PRRA in the event of a change in circumstances. However, the automatic granting of stays for every application was considered untenable given the potential for applicants wishing to delay removal to use the PRRA recourse as means to this end. Consequently, an initial application for PRRA made within the application period benefits from an automatic stay of execution of the removal order. Any further applications do not benefit from the automatic stay provisions.

In response to comments by those consulted, adjustments made include allowing multiple applications; a six-month bar on applications was dropped.

Compliance and Enforcement

Given that critical dates in the process will be recorded in CIC systems, compliance with timelines for applications, submissions and decisions may be verified by consulting the systems themselves. Applicants who do not exercise diligence with respect to relevant time frames for making an application will not benefit from automatic stay provisions granted to applicants who are in compliance.

Applicants failing to report for an oral hearing may find their applications declared abandoned. Should they subsequently reapply, they will not benefit from automatic stay provisions granted to applicants who are in compliance.

With regard to compliance with the procedural equity and fairness aspects of the Regulations, all decision-makers will receive comprehensive training, which will be a pre-requisite for exercising the role of the PRRA officer. Compliance with these aspects will be subject to verification through quality assurance exercises.

Contact

William White, Director, Asylum, Citizenship and Immigration Canada, Jean Edmonds Tower South, 17th Floor, 365 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 957-5867 (Telephone), (613) 941-6413 (Facsimile).

XVIII — REFERRAL OF REFUGEE CLAIMS TO THE IRB — PART 7, DIVISION 4

Description

The Immigration and Refugee Protection Act (IRPA) introduces a new requirement that, within three working days after receipt of a refugee claim, an officer shall determine whether the claim is eligible to be referred to the Refugee Protection Division of the Immigration and Refugee Board and, if it is eligible, shall refer the claim to the Board. If the claim is not referred within the three-day period, it is deemed to be referred unless there is a suspension under subsection 100(2) of the Act or it is determined to be ineligible. The purpose of the three-day rule is to make a decision about eligibility of a claim only and does not mean security screening must be completed within the three days. The IRPA provides an opportunity to re-determine eligibility when concerns arise later in the process. Re-determination of eligibility may result in termination of a claim before it is decided by the Refugee Protection Division (RPD). If it is determined that a claim is ineligible because it is not the first claim made by the person, it may result in nullification of the RPD or Refugees Appeal Division decision.

This regulation defines the period of three working days for the purpose of section 100 of the Act. It provides that the three-day period begins from the day the claim is received. It also prescribes that a working day does not include Saturday and holidays (including Sunday) and that days which are not working days are not included in the calculation of the three-day period.

The effect of the regulation is that a claim made at a port of entry on Monday will be forwarded by Thursday to the Refugee Protection Division. A claim made on Friday will be forwarded by the following Wednesday.

This gives some flexibility to port of entry staff but it does not delay claims unduly, as claims can still be forwarded as soon as they are completed within the time period.

Alternatives

There is no effective alternative to regulations. To have no regulations would create confusion as to what is a working day. Under the Interpretation Act, Saturdays are not holidays, yet they are not working days in practice.

Benefits and Costs

Benefits

This regulation gives port of entry staff the flexibility of a few days to complete the examination and referral process, without delaying claims unduly.

Costs

While the three-day processing period imposed by the Act is expected to increase costs for the Department, the proposed definition of working days does not, itself, have additional cost implications.

Consultation

There has been no external consultation on this regulation prior to pre-publication.

Compliance and Enforcement

Referral to the Refugee Protection Division will occur electronically, so the date of the claim and the date of the referral can be retrieved and tracked if required.

If the officer doesn't refer the claim to the Refugee Protection Division within the three working day period, it is deemed to be referred, unless there is a suspension under subsection 100(2) of the Act or it is determined to be ineligible.

Contact Person

Judith Wouk, Senior Policy Officer, Refugees Branch, Citizenship and Immigration Canada, Jean Edmonds Tower South, 17th Floor, 365 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 957-5872 (Telephone), (613) 941-6413 (Facsimile).

XIX — ACQUISITION OF PERMANENT RESIDENCE BY PROTECTED PERSONS — PART 7, DIVISIONS 5 AND 6

Description

The Immigration and Refugee Protection Act provides for the granting of permanent residence status to foreign nationals who apply for such status, in accordance with the Regulations. Persons that have been finally determined to be Convention refugees or persons in need of protection and have not been determined to be inadmissible under the Act, may be granted permanent residence status under subsection 21(2).

Purpose of these provisions

The intent of these provisions is:

— to prescribe the requirements of an application and the documents that have to be submitted for the permanent residence status by a Convention Refugee or a person in need of protection;

— to facilitate reunification of refugee families; and

— to prescribe the classes of persons that cannot become permanent residents.

What the regulations do

These regulations:

— set the period within which an application for permanent resident status must be filed, that is 180 days from the date of a final determination by the Immigration and Refugee Board or by the Minister;

— prescribe that before granting permanent resident status the officer must be satisfied that all rights of appeal and judicial review from the determination or decision have been exhausted;

— provide that principal applicants may include family members in their application for permanent residence; family members who are outside Canada at the time the application is made may be issued a permanent resident visa at any of our missions located outside Canada within one year of the date the principal applicant becomes a permanent resident;

— prescribe the classes of persons who cannot become permanent residents;

— prescribe the documentation that must be submitted with an application for permanent resident status if the foreign national does not hold a passport issued by the country of which they are citizens, or a valid travel document; and

— prescribe the Undocumented Protected Persons in Canada Class (UPPCC) in order to grant permanent residence status in Canada to persons who cannot meet the general requirements for permanent residence status because they come from countries without central governments able to provide satisfactory travel documents.

What has changed

Family members who are outside Canada, and who are part of the original application for permanent residence status, now benefit from a one-year window of opportunity to obtain a permanent resident visa and be reunited with family in Canada.

The waiting period before applying for permanent residence status under the UPPC Class has been reduced from five to three years.

An applicant who does not hold a passport or valid travel documents may submit other identity documents issued outside Canada, accompanied by a statutory declaration made by the applicant attesting to their own identity and a statutory declaration by a Canadian citizen or permanent resident attesting to the applicant's identity. Officials representing an organisation in the applicant's country of former habitual residence may also submit a statutory declaration in support of the applicant's identity. The rules governing other permissible identity documents were previously included in administrative guidelines and now are included in the Regulations.

Alternatives

There is no effective alternative to regulations. Regulations are required to ensure consistency, clarity and transparency. Administrative guidelines could lead to inconsistencies in application.

Benefits and Costs

Benefits

These regulations provide clear direction on the granting of permanent resident status and integrate new policy positions with the previous landing regulations, both of which will benefit foreign nationals and their family members.

Family members who are on the original application, and who are outside Canada, will directly benefit from the one-year window of opportunity which allows them to apply for a visa, be reunited with their family in Canada and obtain permanent residence status. In addition to facilitating family reunification, this provision eliminates the need for sponsorship of immediate family members.

The reduction from five to three years in the waiting period to apply for permanent residence status under the UPPC Class will benefit undocumented protected persons.

Costs

There are no additional costs associated with these regulations other than communication materials required to inform staff of the new terminology and the few changes found in the provisions.

Consultation

Among the groups and organizations consulted were the Canadian Council for Refugees (CCR) and the United Nations High Commissioner for Refugees (UNHCR).

Compliance and Enforcement

Foreign nationals who fail to comply with the Regulations will not be granted permanent residence status, and will alternatively have to apply for permanent resident status on humanitarian and compassionate grounds. Compliance with timelines for filing applications for permanent residence status or for a visa outside Canada will be managed by CIC systems.

Contact

William White, Director, Asylum, Citizenship and Immigration Canada, Jean Edmonds Tower South, 17th Floor, 365 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 957-5867 (Telephone), (613) 941-6413 (Facsimile.)

XX — INADMISSIBILITY — PART 12

Description

The Immigration and Refugee Protection Act (IRPA) sets out categories of permanent residents and foreign nationals who are inadmissible under the Act. Section 43 of the IRPA authorizes the making of Regulations for any matter related to the inadmissibility provisions.

The precise nature and purpose of the regulations differ from one inadmissibility provision to another. The Regulations exempt classes of persons from certain inadmissibility grounds, provide interpretative detail concerning the application of others, establish evidentiary rules for determining inadmissibility and define key terms. Regulations have been made in relation to a number of the statutory grounds of inadmissibility including:

— security;

— human or international rights violations;

— criminality;

— financial reasons;

— misrepresentation; and

— inadmissibility due to the inadmissibility of a non-accompanying dependant.

Purpose of these provisions

The intent of these inadmissibility regulations is:

— to provide for matters relating to the inadmissibility provisions and to define terms required for the application of those provisions; and

— to prescribe circumstances in which a foreign national is exempt from the various inadmissibility provisions contained in the IRPA.

What the regulations do

— Previous findings of fact

The IRP Regulations provide that findings of fact made by another tribunal shall be binding on determinations of inadmissibility for grounds of security and human or international rights violations.

Specifically, these provisions apply to findings by the Immigration and Refugee Board in decisions to exclude a person from the Convention refugee definition on grounds of terrorism or committing war crimes or crimes against humanity, findings made at trial concerning terrorism offences and war crimes and crimes against humanity under the Criminal Code of Canada, and findings by the international criminal court or an international tribunal established by the United Nations. In these instances, there will be no need to re-establish the specifics of the allegation at an admissibility hearing.

— Define "senior officials"

Section 35 of the IRPA provides that a permanent resident or foreign national is inadmissible on the grounds of violating human or international rights for being a prescribed senior official of a government that, in the opinion of the Minister, has engaged in terrorism, systematic or gross human rights violations, genocide, war crimes or crimes against humanity. The Regulations define "senior official in the service of a government." This definition is similar to the one that is in the current Immigration Act. The Regulations describe such officials as persons who by virtue of the position they hold or held, are or were able to exert significant influence on the exercise of government power or are or were able to benefit from their position.

— Specify rehabilitation criteria

The inadmissibility regulations specify that after a prescribed period of five years from the completion of any sentence or the commission of the act or omission outside of Canada, a foreign national will no longer be inadmissible if the person is able to satisfy the Minister that he or she has been rehabilitated, providing that the person has not been convicted of a further offence.

In addition, the Regulations introduce the concept of deemed rehabilitation. Persons who have committed, or been convicted abroad, of an offence that is equivalent to an offence under an Act of Parliament carrying a maximum sentence of less than 10 years, are deemed rehabilitated if 10 years have passed since the sentence was served, or since the act was committed, and there has been no further conviction. Persons who have been convicted inside or outside Canada of the equivalent of two or more summary offences are deemed rehabilitated if five years have passed since the sentence was served, provided there have been no further convictions.

— Define trans-border offences

Subsection 36(2) of the IRPA provides that foreign nationals are inadmissible on grounds of criminality if, on entering Canada, they have committed an offence under an Act of Parliament that is prescribed in regulation. The Regulations prescribe all offences under the Criminal Code, the Controlled Drugs and Substances Act, the Firearms Act, the Customs Act and the Immigration and Refugee Protection Act as offences for the purpose of this ground of inadmissibility.

— Establish exemptions from certain inadmissibility grounds

Section 39 of the IRPA provides that foreign nationals are inadmissible for financial reasons if they are or will be unable or unwilling to support themselves or any other persons who are dependent on them unless an officer is satisfied that adequate arrangements, other than those that involve social assistance, for their care and support have been made. The Regulations exempt Convention refugees granted protection under the IRPA and protected persons from the provisions of section 39.

Subsection 40(1) of the Act provides that permanent residents or foreign nationals are inadmissible for misrepresentation in the circumstances specified therein. The Regulations exempt certain persons from the application of this ground of inadmissibility. Those exempted from inadmissibility for misrepresentation include:

— Convention refugees granted protection under the IRPA, other than those whose status has been vacated; and

— persons who have made refugee claims in Canada and whose claim is still being determined.

— Effect of inadmissibility of a non-accompanying dependant

The Regulations provide that inadmissible non-accompanying family members render a principal applicant for permanent resident status inadmissible if the principal applicant and the inadmissible non-accompanying dependent have cohabited for at least the previous year.

What has changed

The recognition of previously determined findings of fact as conclusive evidence of events in cases of security and human or international rights violators is new. There is no similar provision in the current legislation or regulations. These provisions will serve to limit the time and cost of re-hearing matters that have already been ruled on by another tribunal.

The definition of "senior official in the service of a government" remains essentially the same. It has been transferred from the Act to the Regulations. The most significant change is the inclusion of officials who, by virtue of the position they hold, or held, were able to benefit from their positions.

The provisions deeming rehabilitation in cases of offences punishable by less than 10 years are also new. These provisions facilitate the entry of persons who pose a low risk and whose travel is in Canada's interest for purposes of tourism, trade or business.

The prescription of Acts of Parliament for the purpose of defining trans-border offences committed by persons seeking entry to Canada are new provisions under the IRP Regulations.

Alternatives

The inadmissibility provisions of the Act govern who may be denied entry and removed from Canada. Core principles, including the threshold of proof that must be established and the inadmissibility grounds themselves, are contained in the IRPA. The Regulations provide clarification and bring definition to new concepts such as trans-border offences, as well as establish criteria for determining the applicability of specified inadmissibility provisions of the IRPA to particular classes of persons.

The inclusion of criteria in regulation for the application of the inadmissibility provisions is consistent with the framework nature of the IRPA. Exemptions from the inadmissibility provisions are placed in the Regulations to ensure that they are uniformly applied in all cases and are not subject to interpretation or an officer's discretion. Placing such provisions in administrative guidelines would not adequately ensure consistency of treatment, and placing them in the legislation would result in the Act becoming unnecessarily complex.

Benefits and Costs

Benefits

The regulatory provisions provide for enhanced protection of the Canadian public by clarifying who is inadmissible to Canada under the IRPA.

The deemed rehabilitation provisions free up resources from investigating the circumstances of criminal convictions that occurred in the distant past, to concentrate on detection and interception of persons who present a current risk. They permit improved service for genuine travelers who pose little risk but who otherwise would face administrative delays and processing fees before being admitted.

The recognition of findings of fact by other tribunals will simplify procedures before the Immigration and Refugee Board by avoiding the need for a lengthy inadmissibility hearing when other tribunals have already established the facts relevant to the inadmissibility. In addition to generating resource savings, this procedure will improve the ability to protect the safety and security of Canada by allowing quicker removal of terrorists and human or international rights violators.

Costs

The only anticipated costs are associated with training officers and members of the Immigration Division and Immigration Appeal Division of the Immigration and Refugee Board. Training-related expenses are expected to be moderate. The regulatory changes are not expected to have any significant impact on operating costs, and as some administrative procedures are being simplified, the changes may serve to reduce costs.

Consultation

Groups consulted included the United Nations High Commissioner for Refugees, the Canadian Council for Refugees, the Canadian Bar Association, the Organization of Professional Immigration Consultants, and the National Association of Women and the Law. Consultations took the form of meetings and invitations to give written comments.

The Canadian Council for Refugees recommended that the definition of senior official be limited to persons who are personally responsible for specific acts. The Canadian Bar Association expressed concern that the inclusion of senior officials who may have benefited from their position is too broad. However, as a general premise, persons who benefited from their position in the service of governments that have been designated as responsible for human rights violations and crimes against humanity should not be granted access to Canada. Provisions exist to grant exemptions from this bar where the Minister is satisfied that their presence in Canada would not be detrimental to the national interest.

Compliance and Enforcement

Where a person is determined to be inadmissible, an application for a visa or an application to enter Canada may not be approved. For persons in Canada, a removal order may be issued and the person may be removed from Canada.

Contact

Dick Graham, Director, Legislative Review, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 941-8331 (Telephone), (613) 946-2566 (Facsimile).

XXI — ISSUANCE AND EFFECT OF REMOVAL ORDERS — PART 13, DIVISIONS 1 AND 2

Description

The Immigration and Refugee Protection Act (IRPA) contains provisions regarding the issuance of removal orders in cases of persons who are found inadmissible based on one of the grounds listed in the IRPA. Subsection 44(2) of the IRPA provides for circumstances to be prescribed in which the Minister may make a removal order. Subsection 49(2) the Act provides that removal orders made with respect to a refugee protection claimant are conditional and specifies the circumstances in which they cease to be conditional.

Section 53 of the IRPA authorizes the making of regulations concerning the circumstances in which a removal order shall be made and the effect of removal orders. The type of removal order that may be issued for each of the inadmissibility provisions is specified in the Regulations. In establishing the type of removal order to be issued in relation to particular circumstances, the Regulations do not distinguish between removal orders that, under the Act, are conditional and those that are not. The three types of removal orders that may be issued are deportation orders, exclusion orders and departure orders.

Purpose of these provisions

The intent of these provisions is:

— to prescribe the circumstances in which the Minister has the authority to make a determination of inadmissibility and make a removal order for the specified inadmissibility grounds; and

— to specify which types of removal orders may be issued for each of the inadmissibility grounds, whether by the Minister or by the Immigration Division of the Immigration and Refugee Board.

What the regulations do

The regulations establish the types of removal orders that may be issued and the effect of each of those orders.

The provisions respecting departure orders specify that:

— a departure order does not oblige a foreign national to obtain the authorization of an officer in order to return to Canada;

— a foreign national who is issued a departure order must satisfy the requirement related to his or her departure from Canada within 30 days of the order becoming enforceable, failing which the order becomes a deportation order; and

— if the foreign national is detained within the 30-day period or the removal order is stayed, the 30-day period is suspended.

The provisions respecting exclusion orders specify that:

— an exclusion order obliges the foreign national to obtain the written authorization of an officer in order to return to Canada for a period of one year after the order has been enforced; and

— a foreign national who is issued an exclusion order as a result of being found inadmissible for misrepresentation, must obtain the written authorization of an officer to return to Canada for a period of two years after the order has been enforced.

The IRP Regulations provide that receipt of a deportation order obliges the foreign national to obtain the written authorization of an officer to return to Canada at any time after the order is enforced

When the Minister may order removal

When, following receipt of a report made under subsection 44(1) of the IRPA, the Minister determines that a foreign national is inadmissible, the Minister may, in circumstances that are prescribed in the Regulations, make a removal order against the person concerned. The Regulations also specify the type of removal order that the Minister shall make in the circumstances prescribed. Those circumstances and the types of removal orders are outlined below.

It should be noted that although the Regulations prescribe that the Minister may make removal orders in certain circumstances, this power, pursuant to subsection 6(2) of the IRPA, will be delegated to officials. References to the power of the Minister to issue removal orders in prescribed circumstances may, therefore, be read to impute the same power to officers delegated by the Minister.

Deportation Order

The Minister shall make a deportation order where a foreign national is inadmissible:

— on grounds of a serious criminality as defined in the Act or for having been convicted in Canada of an indictable criminal offence or convicted of two lesser offences not arising out of a single occurrence;

— on grounds of misrepresentation where the misrepresentation is the basis of a final decision to vacate the refugee or protected person status;

— for non-compliance with the requirement to obtain the authorization of an officer before returning to Canada; and

— because of the inadmissibility of a family member where a deportation order has been made against that family member.

Exclusion order

The Minister shall make an exclusion order where a foreign national fails to comply with the following requirements of the IRPA:

— for failing to appear for further examination or an admissibility hearing;

— for failing to establish they hold the visa or other document required by the Act; and

— for failing to leave Canada by the end of the period authorized for their stay.

An exclusion order shall also be made where:

— a foreign national is inadmissible because of the inadmissibility of a family member and an exclusion order has been made against that family member.

Departure order

The Minister shall make a departure order against a foreign national who makes a claim for refugee protection and is eligible to make such a claim, if:

— the basis for the order is failure to appear for further examination or for an admissibility hearing, failure to leave Canada by the end of the period authorized for their stay or failure to establish they hold the visa or other document required by the Act.

The Regulations also provide that a departure order shall be made where:

— a foreign national is inadmissible because of the inadmissibility of a family member and a departure order has been made against that family member; and

— the Minister finds a permanent resident inadmissible for having failed to comply with the residency obligations of section 28 of the Act.

When the Immigration Division may order removal

Where the Minister has referred a report made on a permanent resident or foreign national under subsection 44(1) of the IRPA to the Immigration Division for an admissibility hearing, the Regulations provide that the Immigration Division may make a removal order against the person concerned. The Regulations also prescribe the type of removal order that the Immigration Division shall make with respect to each ground of inadmissibility listed therein. The orders to be issued are:

Deportation Order

The Immigration Division shall make a deportation where a permanent resident or foreign national is inadmissible:

— on security grounds;

— on grounds of human and international rights violations;

— on grounds of organized criminality;

— on grounds of serious criminality; and

— for misrepresentation where citizenship has been revoked on the grounds that permanent residence and subsequently citizenship were received on the basis of misrepresentation.

The Immigration Division shall make a deportation order where a foreign national is inadmissible on grounds of criminality that:

— arise from a conviction or the commission of an act outside Canada, that is equivalent to an indictable offence in Canada, or two offences not arising out of a single occurrence; and

— relates to the commission of an offence on entering Canada.

Exclusion Orders

The Immigration Division shall make an exclusion order where a permanent resident or a foreign national is inadmissible on grounds of misrepresentation for withholding material facts that could induce an error in the administration of this Act, or for being sponsored by a person who is deemed inadmissible for misrepresentation.

The Immigration Division shall also make an exclusion order where a foreign national is inadmissible:

— on health grounds;

— for financial reasons;

— for failing to comply with a requirement to appear for examination;

— for failing to establish they have come to Canada to establish permanent residence;

— for failing to establish they will leave Canada by the end of the period authorized for their stay; and

— for failing to comply with any other requirement of the Act.

Exceptions

The Regulations specify that in the following circumstances in which an exclusion order would normally be called for, the Immigration Division shall issue a deportation order:

— where the person concerned was previously subject to a removal order and is inadmissible on the same grounds as in that order;

— where the person concerned has failed to comply with any condition imposed under the current Immigration Act unless that failure to comply is the basis for the removal order;

— where the person concerned has been convicted in Canada of an offence under any Act of Parliament, or two offences not arising out of a single occurrence, unless the conviction(s) are the grounds for the removal order.

Departure Order

The Immigration Division shall make a departure order where a permanent resident or foreign national makes a claim for refugee protection, is eligible to make such a claim, and is inadmissible for health reasons, financial reasons, failure to appear for examination, failing to establish they will leave Canada or failure to comply with any requirement of the Act.

The Immigration Division shall also make a departure order where a permanent resident is inadmissible for failing to comply with conditions imposed under the Regulations.

What has changed

The three types of removal orders that may be issued remain the same, but the descriptions and requirements attached to each order have been moved from the Act to the Regulations. The description of departure order has been made more transparent with regulations clarifying that the order requires foreign nationals either to leave or be removed from Canada. Departure orders continue to become deportation orders where departure is not confirmed.

In most cases exclusion orders will still require a foreign national to receive written authorization from an officer to return to Canada within one year of the order being issued. However, foreign nationals issued exclusion orders for misrepresentation now require an authorization to return in the two-year period following issuance of the order.

Currently, foreign nationals who remain in Canada without authorization are issued departure orders. These persons will now be issued exclusion orders, creating greater consistency between the procedures that apply upon arrival at a port of entry and those applying inland after the granting of authority to enter.

For the first time the Minister is granted the authority to issue deportation orders to foreign nationals who are convicted of a criminal offence in Canada. These cases currently must go to an inquiry. However, as the evidence is straightforward and does not require extensive analysis or weighing of evidence, such a change is appropriate as a way of streamlining the enforcement process. The Regulations also give the Minister the power to issue deportation orders, not just exclusion orders, to foreign nationals who have previously been removed from Canada and who return without prior authorization.

The Minister is given the power to issue removal orders against permanent residents only in cases where the sole basis for removal is loss of permanent resident status due to the inability to comply with the requirements of section 28 of the Act. In such cases a departure order shall be issued. The Minister's power does not extend to the loss of permanent resident status on other grounds.

Persons who are deemed inadmissible under the Act for misrepresentation, based on a decision by the Immigration and Refugee Board to vacate refugee status, will also be issued a removal order by the Minister without the need to re-establish the grounds of misrepresentation at an inadmissibility hearing.

Alternatives

The inclusion of the circumstances in which the Minister may issue removal orders in the Regulations is consistent with the framework nature of the IRPA. The jurisdiction to issue removal orders and the prescription of removal orders to correspond with the various inadmissible grounds are important as they affect the rights of permanent residents and foreign nationals. Placing criteria for such provisions in administrative guidelines would not adequately protect the rights of individuals, and including such provisions in the legislation would result in the Act becoming unnecessarily complex.

Benefits and Costs

Benefits

The regulatory provisions will provide for enhanced protection of Canadian society by streamlining the process for the issuance of removal orders against foreign nationals convicted of crimes in Canada.

The integrity of Canada's refugee determination process is enhanced by streamlining the process for issuing removal orders against persons who obtained Convention refugee status by misrepresentation.

The consequences of removal orders, our primary compliance mechanism, are strengthened for several inadmissible categories.

Costs

The only anticipated costs of these provisions are associated with training officers and members of the Immigration Division and Immigration Appeal Division of the Immigration and Refugee Board. Training-related expenses are expected to be in the intermediate range.

There are, however, significant cost implications associated with the Minister's announcement on October 12, 2001, of measures to strengthen Citizenship and Immigration Canada (CIC)'s ability to move quickly on security issues, including increased deportation activity. The Government has allocated $49 million for enhanced safety and security measures at CIC.

These provisions are not expected to have a significant impact on operating costs. In some areas, moderate increases in costs may be anticipated, while in others, especially where admissibility hearings (inquiries) are no longer required, moderate decreases in costs are likely.

Consultation

Consultations on the Regulations took place in September 2001 for Bill C-11 and July 2000 for its predecessor, Bill C-31. Groups were also invited to give written comments. Groups consulted included the United Nations High Commission for Refugees, the Canadian Council for Refugees, the Canadian Bar Association, the Organization of Professional Immigration Consultants, and the National Association of Women and the Law. No significant concerns with the substance of these proposals were identified.

Compliance and Enforcement

The Regulations incorporate sanctions for non-compliance with the requirements of removal orders. For instance, departure orders become deportation orders where departure is not confirmed. In addition, removal orders with stiffer consequences will now be issued in certain circumstances following a finding of inadmissibility, than is currently the case. For example, persons issued exclusion orders for misrepresentation now require consent to return for a two-year period instead of the current one year. Currently, foreign nationals who remain in Canada without authorization are issued departure orders; these persons will now be issued exclusion orders.

Officers will receive training regarding the application of new provisions for issuing removal orders. Decisions may be subject to judicial review by the federal court and in some cases, by the Immigration Appeal Division of the Immigration and Refugee Board.

Contact

Dick Graham, Director, Legislative Review, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 941-8331 (Telephone), (613) 946-2566 (Facsimile).

XXII — STAYS OF REMOVAL — PART 13, DIVISION 3; AND PART 15

Description

Section 50 of the Immigration and Refugee Protection Act (IRPA) contains provisions to stay the removal of foreign nationals who have been found to be inadmissible under the Act. Paragraph 53(d) of the IRPA authorizes the making of regulations to create additional stays that are not already provided for in the Act as well as the circumstances in which a removal order may be stayed. These include a stay of removal:

— to a place (country) presenting a generalized risk;

— during judicial review of the Refugee Appeal Division decision;

— to make an application for the Pre-Removal Risk Assessment (PRRA); and

— upon approval by the Minister on humanitarian and compassionate grounds.

Subsection 5(1) of the Act authorizes the Governor in Council to make regulations prescribing conditions that must be imposed on permanent residents and foreign nationals following a decision rendered by the Immigration Appeal Division (IAD) to grant a stay of a removal order.

Purpose of these provisions

The intent of the stay of removal regulations is:

— to codify the practice, developed over the years, to stay a removal order in certain circumstances; and

— to provide for greater transparency, consistency and accessibility of policies regarding stays and the related conditions to be imposed.

What the regulations do

The stay of removal provisions set out the circumstances under which the enforcement of a removal order may be stayed and establish the grounds that justify a stay of removal. They provide that removal be stayed:

— if a specific place presents a generalized risk that is considered by the Minister to be dangerous and unsafe to the general civilian population (but exclude persons who have been found inadmissible because of security issues, violating human or international rights, criminality, organized crime and those excluded by reason of Section F of Article 1 of the Refugee Convention and persons who want to return to a described country);

— for most refused refugee claimants while their case is pending before the federal court — trial division, Federal Court of Appeal or the Supreme Court;

— while awaiting completion of a PRAR;

— in cases where a foreign national has received a favourable decision on grounds that humanitarian and compassionate or public policy considerations exist which will entitle the foreign national to apply to remain in Canada as a permanent resident.

The Immigration and Refugee Protection Regulations (IRP Regulations) also require appellants to abide by specified conditions attached to IAD stays of removal. Appellants are required to:

— inform Citizenship and Immigration Canada (CIC) and the IAD in writing, in advance of any change of address;

— maintain the validity of their existing passport and submit copy of such to CIC or a completed travel document application;

— not commit any criminal offences; and

— report in writing any criminal charges and convictions to CIC and any convictions to the IAD.

What has changed

With one exception, the IRPA provides for the same stays as the Immigration Act. The current Act provides a stay of removal in certain circumstances when an unsuccessful refugee claimant applies for leave for judicial review of their refugee decision. The IRPA does not provide such a stay because of the creation of a new internal appeal on merit to the Refugee Appeal Division (RAD) of the Immigration and Refugee Board.

The IRP Regulations do provide for a stay of removal for persons seeking judicial review of the RAD decision, with the exception of persons who were found to have no credible basis for their refugee claim and those being ordered deported for criminality. This regulation has a sunset clause of two years in order to allow for further consideration of the issues once the RAD has established a record of decisions.

In addition, the stay of removal regulations also provide for three additional stays that serve to codify stay of removal policies. The provisions establish the circumstances in which removal of foreign nationals to specified places may be temporarily stayed by the Minister when they cannot be safely returned. However, they exclude from eligibility for stays of removal to designated countries, persons who are inadmissible on security grounds, on the ground of violating human or international rights, on grounds of criminality or serious criminality, and persons referred to in Section F of Article 1 of the Refugee Convention. The provisions do specify that persons who want to return to a designated country may do so by indicating their readiness in writing.

The Regulations provide for a stay where a person has been informed by (CIC) of their eligibility to apply for a PRRA. They also provide for a stay of removal where a person has been approved for permanent residency on humanitarian and compassionate grounds but has not yet become a permanent resident.

The Regulations now prescribe conditions that the IAD must impose when staying a removal order.

Alternatives

An option was to maintain the status quo where the legislation is silent regarding the policy basis on which removal is stayed. The advantage of the current administrative approach is that it allows the Minister to respond quickly to unforeseen situations that could be addressed by the introduction of an administrative stay policy. The disadvantage is that retaining this approach would continue the current confusion regarding stay policies as well as the inconsistent application of those policies between the offices. Another disadvantage lies in the fact that procedural guidelines outlining stay of removal policies are not readily accessible to the public.

Benefits and Costs

Benefits

The Regulations serve to protect the Canadian public by exempting from the stay of removal provisions specific to classes of foreign nationals who have been ordered removed for reasons of serious criminality. They help to maintain program integrity by denying the benefit of a stay of removal to persons whose refugee claim has not been found credible.

Foreign nationals who are eligible to benefit from these stay provisions will not be removed until legal recourses available to them have been exhausted. This will:

— ensure that persons are not removed to countries where they would be in serious danger;

— provide regulatory support for the newly established procedures for the PRRA and ensure that persons are not removed until decisions on the PRRA have been made;

— ensure that persons are not removed when positive findings have been made concerning the existence of humanitarian and compassionate grounds until it is established whether or not the person will avail him/herself of the opportunity to make an application for permanent residence.

Attaching conditions to IAD stays will promote consistency in the application of conditions imposed.

Costs

It is expected that the monitoring of stays under the new provisions will have an impact on operating costs. It is projected that an additional 10 full-time employees will be required to maintain control of these cases at a cost of approximately $1 million in the first year.

Other expected costs are linked to the training of officers to enable them to identify when a stay will apply and when it will be lifted. The costs are not expected to be substantial in this area as the training will form part of an overall training package developed for the implementation of the IRPA.

Consultation

Among the groups and organizations consulted were the United Nations High Commission for Refugees, the Canadian Council for Refugees, the Canadian Bar Association, the National Association of Women and the Law, and the Quebec Immigration Lawyers Association.

Some groups identified the danger of emphasizing the temporary nature of the existence of a generalized risk, since such conditions may prevail over a long period of time. The Regulations were amended to reflect this concern.

Very little comment was directed towards the issue of stay of removals as it was understood by the groups consulted that the emphasis of any regulatory provisions would be on transparency, clarity, and codification of existing practice.

Compliance and Enforcement

The Regulations provide for the period during which the stay remains in effect. Once the stay provision is no longer in effect, removal instructions are given to the foreign national. In the event of non-compliance with these instructions, foreign nationals will be subject to the issuance of warrant, arrest and possible detention in order for CIC to enforce the outstanding removal order.

In the event of non-compliance with the conditions attached to a stay, permanent residents, protected persons or foreign nationals may be subject to a reconsideration or cancellation of their stay by the IAD, either on application of the Minister or of its own initiative. Following the cancellation of a stay, permanent residents, protected persons or foreign nationals are removed from Canada.

Contact

Dick Graham, Director, Legislative Review, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 941-8331 (Telephone), (613) 946-2566 (Facsimile).

XXIII — ENFORCEMENT OF REMOVAL ORDERS — PART 13, DIVISION 4

Description

The Immigration and Refugee Protection Act (IRPA) provides for the removal of foreign nationals after they have been determined to be inadmissible under the Act. Paragraph 53(e) of the IRPA authorizes the making of regulations relating to the effect and enforcement of removal orders.

Purpose of these provisions

The intent of the regulations on the enforcement of removal orders is to:

— prescribe the manner in which a removal order may be enforced and the requirements with which foreign nationals must comply to confirm the enforcement of such orders;

— specify the places to which a person may be removed and the circumstances that govern the choice of destination; and

— establish the requirement to reimburse Her Majesty for removal expenses before returning to Canada.

What the regulations do

The enforcement of removal orders regulations:

— require that transportation companies be notified concerning their obligations to carry foreign nationals from Canada and of any removal costs for which they are liable;

— provide the option for persons who are the subject of a removal order to voluntarily remove themselves from Canada by applying to an officer;

— prescribe factors on which an officer must be satisfied before permitting voluntary departure, including that the foreign national has both sufficient means and the intent to depart voluntarily;

— permit foreign nationals to request that they be removed to a country of their choice;

— prescribe the circumstances in which foreign nationals shall not be allowed to choose the country to which they are removed; those circumstances being if the foreign national is considered a danger to the public, a fugitive from justice or is seeking to evade or frustrate the cause of justice;

— specify that, in the circumstances described in the item above, and where foreign nationals have not voluntarily removed themselves, the Minister shall enforce removal orders;

— specify when a removal order shall be considered to have been enforced, i.e., where the subject of the order:

— specify that where a foreign national who is the subject of a removal order that has not been enforced applies for a visa, the officer abroad must enforce the order;

— prescribe what actions that officer must take to enforce such an order;

— prescribe the factors governing the choice of the country to which the Minister shall effect removal; and

— specify the costs that must be reimbursed to Her Majesty before a foreign national who is the subject of a removal order shall be permitted to return to Canada.

What has changed

The main changes in substance involve voluntary enforcement of removal orders and enforcement of orders by officers abroad. The Regulations establish that foreign nationals who wish to leave Canada to voluntarily enforce removal orders may do so only after they satisfy an officer that they have both sufficient means and the intent to depart Canada. The foreign national must submit a choice of destined country to the Department. An officer has the authority to approve the country of choice unless the person is considered to be a danger to the public, is a fugitive of justice, or is seeking to evade justice.

The Regulations also establish that a foreign national, in prescribed conditions, must satisfy an officer outside of Canada that they have complied with the removal requirements. These requirements include:

— appearing before an officer outside of Canada;

— providing verification that they are the same person named on the removal order;

— demonstrating that they were granted lawful permission to be in the country in which the mission is located; and

— proving that they are not a threat to security, have not violated human or international rights and have not been involved in serious or organized criminality.

Other significant changes include the codification in regulation of requirements that must be followed to enforce a removal order. These provisions have their basis in current administrative practices, some of which were developed as the result of legal decisions. In other instances, for example, the choice of destination for foreign nationals facing removal, the change is mainly one of location, moving from the Act to the Regulations.

Alternatives

Retaining the status quo is a possible option. It is not considered an acceptable alternative, however, since it leaves much to be desired from a program integrity standpoint. At present, foreign nationals who are the subject of removal orders and who apply for visas abroad do not have to establish that their removal has been enforced. This may also be disadvantageous to clients because it does not allow them to regularize their admissibility status. Clients who fail to ensure that their removal order has been enforced prior to seeking re-entry to Canada may find that they are the subjects of outstanding arrest warrants. The current removal regime also adds to the burden of the port of entry officers forcing them to create ad hoc processes to allow persons to re-enter Canada. This involves negotiating with the United States Immigration and Naturalization Service Manager at the nearest border point to informally agree to admit the foreign national to the United States, thereby allowing the removal order to be enforced.

Such ad hoc arrangements seem to be at variance with the importance, both to the Department and to the client, of ensuring that removal orders are enforced. Program integrity and the facilitation of clients' desire to be re-admitted following minor, perhaps unintentional, infractions of the law, require a more solid and transparent legal foundation.

The substance of the provisions could have been included in the Act. However, the inclusion of the circumstances in which voluntary removal may be approved, enforcement verified and the factors determining the place to which foreign nationals are removed in regulation is consistent with the framework nature of the IRPA.

Benefits and Costs

Benefits

These provisions are an integral component of Citizenship and Immigration Canada's efforts to enhance program integrity. They contribute to the safety and security of Canadian society by allowing officers both to maintain control over persons who wish to voluntarily depart Canada, and to ensure that removal orders made against foreign nationals who may seek to flee from justice in Canada, or to evade or frustrate the cause of justice elsewhere, are enforced by the Minister.

The provisions also benefit clients by establishing clear requirements relating to the enforcement of removals which, once met, permit foreign nationals to proceed with visa applications without the confusion that unenforced removal orders create.

The provisions promote consistency of administration by codifying the circumstances in which foreign nationals who are issued removal orders can effect their removal order by departing Canada on a voluntary basis.

Costs

It is anticipated that the verification of foreign nationals' removal by officers outside of Canada will result in marginal workload increases. The actual costs to implement the Regulations are estimated to be moderate.

Among these costs are the training of officers with the new enforcement requirements. Such training should be modest and will be part of the overall training for the implementation of the IRPA.

Consultation

Consultations on the Regulations for the enforcement of removal orders took place in August and September 2001. Among the groups and organizations consulted were the Canadian Bar Association, the Association of Immigration Counsels of Canada, the Quebec Immigration Lawyers Association, the United Nations High Commission for Refugees, the Canadian Counsel for Refugees, the Organization of Professional Immigration Consultants and the National Association of Women and the Law. Consultations did not raise any specific concerns in this area.

Compliance and Enforcement

For safety and security reasons, it is essential that foreign nationals comply with the mandatory provisions governing the enforcement of removal orders and that the Department's capacity to track the continued presence in Canada of those who fail to comply be improved. The new regulatory requirements and the data systems that support them will help to improve tracking capabilities.

After an officer is satisfied that a removal order has been enforced, the foreign national is considered to have been removed from Canada and will, depending on the type of removal order issued, require the authorization of an officer to return. Persons who are issued removal orders and who do not comply with the requirement of the regulations concerning the enforcement of removal orders will be subject to enforcement action, including the issuance of a warrant for their arrest.

Contact

Dick Graham, Director, Legislative Review, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Ottawa, Ontario K1A 1L1, (613) 941-8331 (Telephone), (613) 946-2566 (Facsimile).

XXIV — DETENTION AND RELEASE — PART 14

Description

The Immigration and Refugee Protection Act (IRPA) contains provisions to detain foreign nationals and permanent residents. The statutory grounds for detention are:

— the existence of reasonable grounds to believe that a permanent resident or a foreign national is both inadmissible and a danger to the public or is unlikely to appear for examination, an admissibility hearing or removal from Canada;

— where, upon seeking entry to Canada, an officer has reasonable grounds to suspect that a permanent resident or a foreign national is inadmissible on grounds of security or for violating human or international rights;

— where, upon seeking entry, an officer considers detention necessary for completion of an examination; and

— failure by a foreign national to satisfy an officer as to their identity in the course of any immigration proceeding.

Section 61 of the Act authorizes the making of regulations relating to detention and release, including provisions respecting:

— grounds for and conditions and criteria for the release of detained persons;

— factors to be considered by an officer or by the Immigration Division when making a detention decision; and

— special considerations that may apply in relation to the detention of minors.

The factors and conditions prescribed in regulation are not exhaustive because the Act allows for officers and members of the Immigration Division to take into account all the circumstances of the case when making a decision on detention.

Purpose of these provisions

The intent of the provisions relating to detention is:

— to assist decision-makers in assessing issues related to detention;

— to increase transparency and consistency in decision making; and

— to provide specific guidelines for decision-makers that are consistent with the principle that detention of a minor child shall be used as a measure of last resort and that the best interests of the child are to be taken into account when determining whether to detain a minor.

What the regulations do

The detention regulations prescribe:

— factors to be considered by decision-makers in detention and release decisions; they do not add to the statutory grounds for detention;

— factors that officers and members of the Immigration Division of the Immigration and Refugee Board must take into consideration when making detention and release decisions and, specifically, when assessing whether or not the person is a flight risk or a danger to the public;

— factors to be taken into consideration when deciding whether to detain a foreign national for failure to satisfy the decision-maker of their identity;

— additional factors, consistent with section 7 of the Charter, that shall be considered by an officer or the Immigration Division when it is determined that there are grounds for detention before reaching a decision on detention or release;

— conditions that must be imposed once an officer or the Immigration Division decides to release an individual from detention with conditions; and

— special considerations relevant to the detention of minor children.

What has changed

The Regulations codify particular factors to be considered in the decision-making process, which previously were either in administrative guidelines or were common practice.

Alternatives

Prescribing, in regulation, the process of detention and interpretation of the statutory basis for detention is in line with the legislative scheme of the IRPA. The IRPA enumerates fundamental rights and basic program principles while providing authority to regulate the actions of both clients and the officials who enforce the legislation.

Benefits and Costs

Benefits

The detention regulations will provide for enhanced protection of Canadian society by prescribing factors that must be considered in the detention decision-making process.

These provisions are in keeping with fundamental justice, procedural fairness, Canadian values and the Charter of Rights and Freedoms. Codifying factors and conditions in regulation promotes consistency, clarity and transparency in decision making.

Officers and the Immigration Division will have the benefit of prescribed special considerations to be taken into account when making decisions relating to the detention of minors. This underscores the premise that the best interests of the child shall be a guiding principle with detention being seen as a measure of last resort.

Costs

Costs are linked to training of immigration staff and members of the Immigration Division. Such training will be part of the overall training package developed in conjunction with the implementation of the IPRA.

It is not anticipated that these provisions will have any significant impact on operating costs because they codify current practices and do not alter procedures.

There are, however, significant cost implications associated with the announcement of October 12, 2001, of measures to strengthen the department's ability to move quickly on security issues, including enhanced detention. The Government has allocated $49 million for enhanced security measures at Citizenship and Immigration Canada.

Consultation

Consultation papers were prepared outlining the rationale for the decision factors and conditions relating to detention and release. These served as the basis of formal consultations with groups. Among the groups and organizations consulted were the United Nations High Commissioner for Refugees, the Canadian Council for Refugees, the National Association of Women and the Law, the Canadian Bar Association and the Quebec Immigration Lawyers Association.

Consultations were held in July of 2000 and in August and September of 2001. Informal consultations on detention issues have taken place throughout the legislative process. In addition, the tabling of a document entitled Explanation of Proposed Regulations before the House of Commons and Senate Standing Committees considering Bill C-11 led to concerns being raised by a number of interest groups.

No groups were opposed to providing factors and conditions for detention in regulation. The regulations on detention have been modified to reflect a number of the concerns raised. For example, the following factors were included as a result of consultations:

— the existence of strong ties to the community in Canada will be considered when assessing flight risk;

— for minor children, failure to co-operate in establishing their identity shall not in and of itself be used as a ground for their detention; and

— for persons seeking protection:

After due consideration, other suggested modification of factors or the inclusion of additional factors were not incorporated.

Compliance and Enforcement

Training will be given to immigration staff and decision-makers involved in detention in respect to regulatory factors to be taken into account when evaluating whether to detain or release an individual. The training will also include a section relating specifically to the detention of minor children.

Contact

Anna Doucet, Director, Detention, Enforcement Branch, Citizenship and Immigration Canada, 219 Laurier Avenue W, Canadian Building, A901, Ottawa, Ontario K1A 1L1, (613) 946-2878 (Telephone), (613) 946-7024 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 5 of the Immigration and Refugee Protection Act (see footnote a), proposes to make the Immigration and Refugee Protection Regulations, Parts 1 to 17 of which are annexed hereto.

Interested persons may make representations concerning Parts 1 to 17 of the proposed Regulations within 60 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Alain Théault, Director General, Legislative Review and Implementation Branch, Citizenship and Immigration Canada, Canadian Building, 219 Laurier Avenue West, 7th Floor, Ottawa, Ontario K1A 1L1.

RENNIE M. MARCOUX
Acting Assistant Clerk of the Privy Council

TABLE OF PROVISIONS

IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

PART 1

INTERPRETATION AND APPLICATION

DIVISION 1

INTERPRETATION

1. Definition of "common-law partner"

2. Interpretation

DIVISION 2

FAMILY RELATIONSHIPS

3. Bad faith

PART 2

GENERAL REQUIREMENTS

DIVISION 1

DOCUMENTS REQUIRED BEFORE ENTRY

4. Permanent resident

5. Temporary resident

6. Work permit

7. Study permit

DIVISION 2

APPLICATIONS

8. Form and content of application

9. Place of application for visa

10. Processing of an application

DIVISION 3

RULES OF EVIDENCE

11. Production of documents

PART 3

PROCEDURES

DIVISION 1

VISA ISSUANCE

General

12. When unenforced removal order

Permanent Resident Visa

13. Issuance

Temporary Resident Visa

14. Issuance

DIVISION 2

AUTHORIZATION TO ENTER CANADA

15. Obligation on entry

DIVISION 3

AUTHORIZATION TO ENTER AND REMAIN IN CANADA

Holders of Temporary Resident Visas

16. Authorization

Applicants to Remain in Canada as Permanent Residents

17. Authorization

Applications for Renewal of Authorization to Remain in Canada as a Temporary Resident

18. Circumstances

Restoration of Temporary Resident Status

19. Restoration

DIVISION 4

WORK PERMITS AND STUDY PERMITS

20. Work permits

21. Application for renewal

22. Temporary resident status

23. Study permits

24. Application for renewal

25. Temporary resident status

DIVISION 5

CONDUCT OF EXAMINATION

General

26. Examination

27. Medical examination

28. Medical examination required

29. Public health

30. Conditions

31. Public safety

32. Definitions

33. Definitions

34. Actions not constituting a complete examination

35. End of examination

Members of a Crew

36. Definition of "member of a crew"

Alternative Means of Examination

37. Classes and means

Permitted Entry

38. Entry permitted

Conduct of Examination Measures

39. Direction to leave

40. Direct back

41. Withdrawing application

Application of Section 23 of the Act

42. Conditions

Obligation to Appear at an Admissibility Hearing

43. Class

Deposits or Guarantees

44. Performance bond or cash bond required

45. General requirements

46. Conditions if performance bond

47. Return of security

Documents Required

48. Documents — permanent residents

49. Examination — permanent residents

50. Documents — temporary residents

PART 4

PERMANENT RESIDENTS

DIVISION 1

PERMANENT RESIDENT CARDS

51. Document indicating status

52. Period of validity

53. Delivery

54. Definition

55. Applicants

56. Issuance within 180 days

57. Renewal

58. Revocation

DIVISION 2

RESIDENCY OBLIGATION

59. Canadian business

60. Calculation — residency obligation

PART 5

ECONOMIC CLASSES

DIVISION 1

SKILLED WORKERS

Interpretation

61. Definitions

General

62. Obtaining status

Federal Skilled Workers

63. Class

64. Selection criteria

65. Conformity — applicable times

66. Age (10 points)

67. Definitions

68. Proficiency in English and French (20 points)

69. Experience (25 points)

70. Arranged employment (10 points)

71. Adaptability (10 points)

72. Family members

73. Permanent resident status

Quebec Skilled Worker Class

74. Class

Provincial Nominee Class

75. Class

DIVISION 2

BUSINESS IMMIGRANTS

Interpretation

76. Definitions

Investors

77. Members of the class

78. Approval by the Minister

79. Terms and conditions

80. Suspension

81. Revocation

82. Reports

83. Province of Quebec

Entrepreneurs

84. Members of the class

85. Permanent residence

86. Province of Quebec

Self-employed Persons

87. Members of the class

88. Province of Quebec

Selection Criteria

89. Criteria

90. Investor and entrepreneur

91. Investor and entrepreneur

92. Self-employed person

Requirements

93. Family Members

Selection

94. Application for visa

95. Substitution of evaluation

96. Visa issuance

DIVISION 3

LIVE-IN CAREGIVERS

97. Definition of "live-in caregiver"

98. Live-in caregiver class

99. Processing

100. Work permits — requirements

101. Permanent residence

102. Family members — requirements

103. Conformity — applicable times

DIVISION 4

PERMIT HOLDERS

104. Period of permit's validity

DIVISION 5

PERMIT HOLDERS CLASS

105. Permit holders class

106. Member of class

DIVISION 6

HUMANITARIAN AND COMPASSIONATE CONSIDERATIONS

107. Request

108. Applicant outside Canada

109. Conditions

110. Applicant in Canada

111. Conditions

112. Dependant child

PART 6

FAMILY CLASSES

DIVISION 1

FAMILY CLASS

113. Family class

114. Member

115. Medical condition

116. Withdrawal of sponsorship application

117. Approved sponsorship application

118. Requirements

119. Requirements for dependants

DIVISION 2

SPOUSE OR COMMON-LAW PARTNER IN CANADA CLASS

120. Class

121. Member

122. Withdrawal of sponsorship application

123. Approved sponsorship application

124. Requirement

125. Requirements for dependants

DIVISION 3

SPONSORS

126. Definitions

127. Sponsor

128. Sponsorship application

129. Undertaking

130. Sponsorship criteria

131. Income calculation rules

132. Default

133. Suspension

134. Undertaking — Province of Quebec

PART 7

REFUGEE CLASSES

DIVISION 1

CONVENTION REFUGEES ABROAD AND HUMANITARIAN-PROTECTED PERSONS ABROAD

Definitions

135. Definitions

General

136. General requirements

137. Class of family members

138. Non-accompanying family member

139. Family members

140. Memorandum of understanding

Convention Refugees Abroad

141. Convention refugees abroad class

142. Member of Convention refugee abroad class

Humanitarian-protected Persons Abroad

143. Humanitarian-protected persons abroad

144. Member of asylum class

145. source country class

146. Minister's consultations on Schedule 2

147. Application

148. Travel document

DIVISION 2

SPONSORSHIP

149. Sponsorship agreements

150. Sponsorship requirements

151. Approval of application

152. Revoking approval

153. Ineligibility to sponsor

154. Joint assistance sponsorship

155. Settlement in the Province of Quebec

DIVISION 3

PRE-REMOVAL RISK ASSESSMENT

156. Application for protection

157. Stay of removal

158. Submissions

159. Hearing — prescribed factors

160. Hearing procedure

161. Abandonment

162. Withdrawal

163. Effect of abandonment and withdrawal

164. Applicant described in subsection 112(3) of the Act

165. Re-examination of stay — procedure

166. Reasons for decision

DIVISION 4

DETERMINATION OF ELIGIBILITY OF CLAIM

167. Working day

DIVISION 5

PROTECTED PERSONS — PERMANENT RESIDENCE

168. Application period

169. Family members

170. Prescribed classes

171. documents

DIVISION 6

UNDOCUMENTED PROTECTED PERSONS IN CANADA

172. Undocumented protected persons in Canada class

173. Member of class

174. Family members — requirements

175. Conformity — applicable times

PART 8

TEMPORARY RESIDENTS

DIVISION 1

CONDITIONS ON TEMPORARY RESIDENTS

176. General conditions

177. Conditions imposed on members of a crew

178. Individual conditions

DIVISION 2

WORK WITHOUT A PERMIT

179. No permit required

180. Business visitors

DIVISION 3

STUDY WITHOUT A PERMIT

181. Dependants and members of the suite of diplomats

182. Short-term courses

DIVISION 4

TEMPORARY RESIDENT VISA EXEMPTIONS

183. Visa exemption — nationality

PART 9

VISITORS

184. Class

185. Visitor

186. Conditions

PART 10

WORKERS

DIVISION 1

GENERAL RULES

187. Class

188. Worker

189. Work permit required

190. Definitions

DIVISION 2

APPLICATION FOR WORK PERMIT

191. Application before entry

192. Application on entry

193. Application after entry

DIVISION 3

ISSUANCE OF WORK PERMITS

194. Economic effect

195. Self-support

196. Applicants in Canada

197. International agreements

198. Canadian interests

199. Humanitarian reasons

200. Labour dispute

201. Restriction — live-in caregivers

202. Failure to comply with previous conditions

203. Invalidity

DIVISION 4

ECONOMIC EFFECT DETERMINATION

204. Determination

205. Employer's application

PART 11

STUDENTS

DIVISION 1

GENERAL RULES

206. Class

207. Student

208. Study permit required

209. Definitions

DIVISION 2

APPLICATION FOR STUDY PERMIT

210. Application before entry

211. Application upon entry

212. Application after entry

DIVISION 3

ISSUANCE OF STUDY PERMITS

213. Criteria

DIVISION 4

RESTRICTIONS ON STUDYING IN CANADA

214. Acceptance letter

215. Financial resources

216. Federal-provincial agreements

217. Failure to comply with conditions

DIVISION 5

VALIDITY AND EXPIRY OF STUDY PERMITS

218. Invalidity

PART 12

INADMISSIBILITY

219. Application of paragraph 34(1)(c) of the Act

220. Application of paragraph 35(1)(a) of the Act

221. Application of paragraph 35(1)(b)

222. Prescribed period

223. Rehabilitation

224. Transborder crime

225. Assessment of inadmissibility on health grounds

226. Financial reasons

227. Misrepresentation

228. Prescribed circumstances — family members

PART 13

REMOVAL

DIVISION 1

REMOVAL ORDERS

229. Types of removal order

230. Departure order

231. Exclusion order

232. Deportation order

233. Report — family members

DIVISION 2

SPECIFIED REMOVAL ORDER

234. Subsection 44(2) of the Act — foreign nationals

235. Paragraph 45(d) of the Act: applicable removal order

DIVISION 3

STAY OF REMOVAL ORDERS

236. Considerations

237. Stay of removal — judicial review

238. Stay of removal — pre-removal risk assessment

239. Stay of removal — humanitarian and compassionate considerations

240. Application of paragraph 50(a) of the Act

DIVISION 4

ENFORCEMENT OF REMOVAL ORDERS

241. Not void

242. Providing copies

243. Notice to transport company

244. Modality of enforcement

245. Voluntary compliance

246. Removal by Minister

247. When removal order is enforced

248. Country of removal

249. Mutual Legal Assistance in Criminal Matters Act

250. Requirements to return

PART 14

DETENTION AND RELEASE

251. Factors to be considered

252. Flight risk

253. Danger to the public

254. Identity not established

255. Other factors

256. Special considerations for minor children

257. Conditions of release

PART 15

THE IMMIGRATION APPEAL DIVISION

258. Mandatory conditions

PART 16

TRANSITIONAL PROVISIONS FOR ECONOMIC CLASSES

PART 17

REPEAL AND COMING INTO FORCE

REPEAL

COMING INTO FORCE

definition	IMMIGRATION AND REFUGEE PROTECTION REGULATIONS
	PART 1
	INTERPRETATION AND APPLICATION
	DIVISION 1
	INTERPRETATION
Definition of "common-law partner"	1. (1) For the purposes of the Act and in these Regulations, "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.
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 in these Regulations, "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).
Interpretation	2. The definitions in this section apply in these Regulations.
"Act" « Loi »	"Act" means the Immigration and Refugee Protection Act.
"Canadian citizen" « citoyen canadien »	"Canadian citizen" means a citizen referred to in subsection 3(1) of the Citizenship Act.
"Department" « ministère »	"Department" means the Department of Citizenship and Immigration.
"dependant" « personne à charge »	"dependant", 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 their spouse or common-law partner; and (c) a dependent child of a dependent child referred to in paragraph (b).
"dependent child" « enfant à charge »	"dependent child", in respect of a parent, means a child who (a) has one of the following relationships to the parent, namely, (i) is the biological child of the parent, if the child has not been adopted by way of a full adoption by a person other than a spouse or common-law partner of the parent, or (ii) is the adopted child of the parent, if the adoption was a full adoption and took place before the child was 18 years of age; and (b) is in one of the following situations of dependency, namely, (i) is less than 22 years of age and not a spouse or common-law partner, (ii) has depended substantially on the financial support of a parent since the age of 22 — or if the child became a spouse or common-law partner before the age of 22, since becoming a spouse or common-law partner — and is a student (A) enrolled in a post secondary institution that is accredited by the relevant government authority, and (B) actively pursuing a course of academic, professional or vocational training on a full-time basis, and (iii) is 22 years of age or older and has depended substantially on the financial support of a parent since at least the age of 22 and is unable to be financially self-supporting due to a physical or mental condition.
"full adoption" « adoption plénière »	"full adoption" means an adoption that severs the pre-existing legal parent-child relationship.
"guardianship" « tutelle »	"guardianship" means the relationship between a person and a child whereby the person has, by a written decision of the competent authority of the country where the child resides, been entrusted with the legal responsibility for the child and is authorized to act on their behalf.
"Hague Convention on Adoption" « Convention sur l'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.
"Indian" « Indien »	"Indian" means any person registered as an Indian under the Indian Act.
"National Occupational Classification" « Classification nationale des professions »	"National Occupational Classification" means the National Occupational Classification, published by the Minister of Human Resources Development, as amended from time to time.
"officer" « agent »	"officer" means a person designated by the Minister under subsection 6(1) of the Act.
"port of entry" « point d'entrée »	"port of entry" means (a) a place set out in Part 1 of Schedule 1; (b) a place set out in column 2 of Part 2 of Schedule 1 during the service period set out in column 3; (c) a place set out in column 2 of Part 3 of Schedule 1 during the service hours set out in column 3; and (d) if the person who seeks to appear at a port of entry gives an officer 12 hours notice and the port or airport authority at a place set out in Part 4 of Schedule 1 informs the officer of a time and place for meeting with the person that is within one of the places set out in that Part, the place set out in that Part at the time and place of which the authority informed the officer.
"relative" « membre de la parenté »	"relative" means a person who is related to another person by blood or adoption.
"simple adoption" « adoption simple »	"simple adoption" means an adoption that does not sever the pre-existing legal parent-child relationship.
	DIVISION 2
	FAMILY RELATIONSHIPS
Bad faith	3. For the purposes of these Regulations, no foreign national shall be considered a spouse or common-law partner or an adopted child of a person if the marriage, common-law partnership or adoption, whether a full or simple adoption, was entered into primarily for the purpose of obtaining permanent residence in Canada.
	PART 2
	GENERAL REQUIREMENTS
	DIVISION 1
	DOCUMENTS REQUIRED BEFORE ENTRY
Permanent resident	4. A foreign national may not enter Canada to remain on a permanent basis without first obtaining a permanent resident visa.
Temporary resident	5. (1) A foreign national may not enter Canada to remain on a temporary basis without first obtaining a temporary resident visa.
Exception	(2) Subsection (1) does not apply to a foreign national who (a) is exempted under Division 4 of Part 8 from the requirement to have a temporary resident visa; (b) holds a temporary resident permit issued under subsection 24(1) of the Act; or (c) is authorized to re-enter Canada to remain in Canada by the Act or these Regulations.
Work permit	6. (1) A foreign national may not enter Canada to work without first obtaining a work permit.
Exception	(2) Subsection (1) does not apply to a foreign national who is authorized under section 179 to work in Canada without a work permit.
Study permit	7. (1) A foreign national may not enter Canada to study without first obtaining a study permit.
Exception	(2) Subsection (1) does not apply to a foreign national who is authorized under section 181 or 182 to study in Canada without a study permit.
	DIVISION 2
	APPLICATIONS
Form and content of application	8. (1) Subject to paragraphs 26(b) and (c), an application under these Regulations shall (a) be made in writing using the form provided by the Department; (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.
Required information	(2) The application shall, unless otherwise provided by these Regulations, contain (a) the name, birth date, address, nationality and immigration status of the applicant and of all dependants of the applicant, whether accompanying or not, and a statement whether the applicant or any of the dependants is the spouse or common-law partner of another person; (b) the visa, permit or authorization applied for; (c) the class for which the application is made; and (d) a declaration that the information provided is complete and accurate.
Application of family members or dependants	(3) The application is an application made for the principal applicant and their accompanying family members or dependants.
Place of application for visa	9. (1) Subject to Part 3, an application for a permanent resident visa or a temporary resident visa must be made at the immigration office outside Canada that serves the applicant's place of habitual residence.
Application outside Canada	(2) Subject to Part 3, an application by a foreign national residing in Canada for a permanent resident visa or a temporary resident visa may not be made at an office of the Department in Canada.
Applications to remain in Canada as permanent residents	(3) A member of one of the classes referred to in subsection 17(2) who applies to remain in Canada as a permanent resident shall send the application to the Department's Case Processing Centre in Canada that serves the applicant's place of habitual residence.
Applications for permanent resident cards	(4) An applicant for a permanent resident card shall send the application to the Department's Case Processing Centre in Canada that serves the applicant's place of habitual residence.
Sponsorship applications	(5) A person who applies to sponsor a foreign national shall send the application to the Department's Case Processing Centre in Canada that serves the applicant's place of habitual residence.
Processing of an application	10. If the requirements of sections 8 and 9 are not met, an application (a) shall not be processed; and (b) shall be returned to the applicant with the fees, if any.
	DIVISION 3
	RULES OF EVIDENCE
Production of documents	11. (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 sending the form on-line, if the website indicates that the form can be sent on-line.
Exception	(2) 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.
	PART 3
	PROCEDURES
	DIVISION 1
	VISA ISSUANCE
	General
When unenforced removal order	12. An officer shall not issue a visa to a foreign national who is subject to an unenforced removal order.
	Permanent Resident Visa
Issuance	13. (1) An officer shall issue a permanent resident visa to a foreign national if, following an examination, it is established that they (a) have applied in accordance with these Regulations for a permanent resident visa as a member of a class referred to in subsection (2); (b) are coming to Canada to establish permanent residence; (c) are a member of that class; and (d) meet the selection criteria applicable to that class.
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 investor class, the entrepreneur class and the self-employed persons class; and (c) the Convention refugees abroad class, the country of asylum class and the source country class.
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 the province is of the opinion that the foreign national complies with the provincial selection criteria.
Family members	(4) A foreign national who is an accompanying family member of an applicant shall be issued a permanent resident visa if, following an examination, (a) the application has been approved; and (b) the foreign national meets the requirements applicable tothe class of persons as a member of which the foreign national's visa application was made.
Family member	(5) If an officer does not issue a visa as an accompanying family member to a child of a foreign national, or a child of the foreign national's spouse or common-law partner, the officer shall not issue a visa to a child of that child as an accompanying family member of the foreign national.
	Temporary Resident Visa
Issuance	14. An officer shall issue a temporary resident visa to a foreign national if, following an examination, it is established that they (a) have applied in accordance with these Regulations for a temporary resident visa as a member of the live-in caregiver, the visitors, the workers or the students class; (b) will leave Canada by the end of the period authorized for their stay under Division 1 of Part 8; (c) hold a passport or other document that they may use to enter the country that issued it or another country; and (d) meet the requirements applicable to that class.
	DIVISION 2
	AUTHORIZATION TO ENTER CANADA
Obligation on entry	15. (1) For the purposes of section 18 of the Act, unless these Regulations provide otherwise, a person must appear without delay for examination by an officer (a) if the person seeks to enter Canada at a port of entry, at that port of entry; and (b) if the person seeks to enter Canada at a place other than a port of entry, at the port of entry nearest to that place.
Refused entry elsewhere	(2) 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 3
	AUTHORIZATION TO ENTER AND REMAIN IN CANADA
	Holders of Temporary Resident Visas
Authorization	16. A foreign national is not authorized to enter and remain in Canada as a temporary resident unless, following an examination, it is established that (a) the foreign national and their accompanying family members met the requirements for issuance of their temporary resident visa when it was issued; and (b) the foreign national and their accompanying family members meet, at the time of the examination on their entry, the requirements in respect of their class of temporary residents for issuance of their temporary resident visa.
	Applicants to Remain in Canada as Permanent Residents
Authorization	17. (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 applicable to that class; and (e) except in the case of members of the undocumented protected persons in Canada class, (i) they and their family members, whether accompanying or not, are not inadmissible, and (ii) they hold a passport and a medical certificate that indicates that they are not inadmissible on health grounds and that is based on their last medical examination made within the previous 12 months.
Classes	(2) The classes are (a) the live-in caregiver class; (b) the spouse or common-law partner in Canada class; and (c) the undocumented protected persons in Canada class.
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 spouse or common-law partner in Canada class or is not a person whom the Board has determined to be a Convention refugee, is met by evidence that the competent authority of the province is of the opinion that the foreign national meets the selection criteria of that Province.
Family members	(4) A foreign national shall be issued a permanent resident visa as a family member of the applicant if, following an examination, it is established that the foreign national meets the requirements applicable to the class of persons as a member of which the foreign national's application to remain in Canada as a permanent resident was made.
	Applications for Renewal of Authorization to Remain in Canada as a Temporary Resident
Circumstances	18. (1) A foreign national may apply for renewal of their authorization to remain in Canada as a temporary resident if (a) the application is made before the expiry of the period authorized for their stay; and (b) they have complied with all conditions imposed on their entry to Canada.
Renewal	(2) An officer shall renew the foreign national's authorization to remain in Canada as a temporary resident if, following an examination, it is established that they (a) entered or remained in Canada under the authority of the Act and these Regulations; (b) will leave Canada by the end of the period authorized for their stay under Division 1 of Part 8; (c) hold a passport or other document required under section 50 that is valid for the duration of that period and that they may use to enter the country that issued it or any other country; (d) meet the requirements of Part 8; (e) are not inadmissible; and (f) if they are requested to and must submit to a medical examination under subsection 16(2) of the Act or section 28, submitted to the medical examination and hold a medical certificate that indicates that they are not inadmissible on health grounds and that is based on the last medical examination to which they were required to submit within the previous 12 months.
	Restoration of Temporary Resident Status
Restoration	19. On application made within 30 days after the temporary resident status of a visitor, a worker or a student has expired, an officer shall restore that status if, following an examination, it is established that the visitor, worker or student (a) lost their temporary resident status only because the period authorized for their stay has expired; and (b) meets the initial requirements for their stay and the conditions imposed on them.
	DIVISION 4
	WORK PERMITS AND STUDY PERMITS
Work permits	20. An officer shall issue a work permit to a foreign national if, following an examination, it is established that (a) they applied for it in accordance with Part 10; (b) they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 8; (c) they meet the requirements of Part 10; (d) they are not inadmissible; and (e) if they intend to work in the Province of Quebec, issuance of the work permit is conditional on a determination under section 194 and the laws of that Province require that they hold a Certificat d'acceptation du Québec, they hold the document.
Application for renewal	21. (1) A foreign national may apply for the renewal of their work permit if (a) the application is made before their work permit expires; and (b) they have complied with all conditions imposed on their entry to Canada.
Renewal	(2) An officer shall renew the foreign national's work permit if, following an examination, it is established that they (a) entered or remained in Canada under the authority of the Act and these Regulations; (b) will leave Canada by the end of the period authorized for their stay under Division 1 of Part 8; (c) hold a passport or other document required under section 50 that is valid for the duration of that period and that they may use to enter the country that issued it or another country; (d) meet the requirements of Part 10; (e) are not inadmissible; and (f) if they are requested to and must submit to a medical examination under subsection 16(2) of the Act or section 28, they submitted to the medical examination and hold a medical certificate that indicates that they are not inadmissible on health grounds and that is based on the last medical examination to which they were required to submit within the previous 12 months.
Temporary resident status	22. Foreign nationals referred to in paragraph 193(d) or (e), section 195 or paragraph 196(c) or (d), and their dependants, do not, by sole reason of being issued a work permit, become temporary residents.
Study permits	23. An officer shall issue a study permit to a foreign national if, following an examination, it is established that (a) they applied for it in accordance with Part 11; (b) they will leave Canada by the end of the period authorized for their stay under Division 1 of Part 8; (c) they meet the requirements of Part 11; (d) they are not inadmissible; and (e) if they intend to study in the Province of Quebec, other than under a federal assistance program for developing countries, and the laws of that Province require that they hold a Certificat d'acceptation du Québec, they hold the document.
Application for renewal	24. (1) A foreign national may apply for the renewal of their study permit if (a) the application is made before the expiry of their study permit; and (b) they have complied with all conditions imposed on their entry to Canada.
Renewal	(2) An officer shall renew the foreign national's study permit if, following an examination, it is established that they (a) entered or remained in Canada under the authority of the Act and these Regulations; (b) will leave Canada by the end of the period authorized for their stay under Division 1 of Part 8; (c) hold a passport or other document required under section 50 that is valid for the duration of that period and that they may use to enter the country that issued it or another country; (d) meet the requirements of Part 11; (e) are not inadmissible; and (f) if they are requested to and must submit to a medical examination under subsection 16(2) of the Act or section 28, submitted to the medical examination and hold a medical certificate that indicates that they are not inadmissible on health grounds and that is based on the last medical examination to which they were required to submit within the previous 12 months.
Temporary resident status	25. Foreign nationals referred to in subparagraph 212(1)(a)(ii), (iii) or (iv) and their dependants do not, by sole reason of being issued a study permit, become temporary residents.
	DIVISION 5
	CONDUCT OF EXAMINATION
	General
Examination	26. For the purposes of subsection 15(1) of the Act, a person makes an application to an officer in accordance with the Act by (a) submitting an application in writing; (b) seeking to enter Canada; or (c) making a claim for refugee protection.
Medical examination	27. For the purposes of paragraph 16(2)(b) of the Act, a medical examination includes any or all of the following: a physical examination, a mental examination, a review of past medical history, laboratory tests, diagnostic tests and a medical assessment of records respecting the applicant.
Medical examination required	28. (1) For the purposes of paragraph 16(2)(b) of the Act, the following foreign nationals are requested to submit, and must submit, to a medical examination: (a) all applicants for a permanent resident visa, or to remain in Canada as a permanent resident, and their dependants, whether accompanying or not; (b) all applicants for a temporary resident visa, to remain in Canada as a permanent resident or for a work or study permit who are seeking to engage or continue in employment in Canada in an occupation in which the protection of public health is essential; (c) all foreign nationals who (i) are seeking entry to 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 (ii) have resided or sojourned for a period of six consecutive months, at any time during the one-year period immediately preceding the date of seeking entry or the 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; (d) all foreign nationals who an officer, or the Immigration Division, has reasonable grounds to believe are inadmissible under subsection 38(1) of the Act; and (e) all persons who claim refugee protection in Canada.
Exception	(2) Subsection (1) does not apply to (a) a person described in paragraph 179(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; (b) a dependant of a person described in paragraph 179(b), unless that dependant seeks to engage or continue in employment in Canada; or (c) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of that visiting force, unless that member seeks to engage or continue in secondary employment in Canada.
Subsequent examination	(3) Every foreign national who has undergone a medical examination under subsection (1) is requested to, and must submit to, a new medical examination if, after being authorized to enter and remain in Canada, they have resided or stayed for a 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 has.
Medical certificate	(4) Every foreign national referred to in subsection (1) who seeks to enter Canada must hold a medical certificate that indicates that they are not inadmissible on health grounds andthat is based on the last medical examination to which they were required to submit within the previous 12 months.
Public health	29. Before concluding 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 person; (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.
Conditions	30. 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 on any foreign national who is requested to and must submit to a medical examination under subsection 16(2) of the Act or section 28: (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.
Public safety	31. Before concluding 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.
Definitions	32. (1) The definitions in this subsection apply for the purposes of the Act and in these Regulations.
"excessive demand" « fardeau excessif »	"excessive demand" means (a) a demand on health services or social services for which the anticipated costs would likely exceed average Canadian per capita health services and social services costs over a period of five consecutive years immediately following the medical examination, unless there is evidence that significant costs are likely to be incurred beyond that period, in which case the period is no more than 10 consecutive years; or (b) a demand on health services or social services that would add to existing waiting lists and would increase the rate of mortality and morbidity in Canada as a result of the denial of or delay in the provision of those services to Canadian citizens or permanent residents.
"health services" « services de santé »	"health services" means any health services for which the majority of the funds are contributed by governments, including the services of family physicians, medical specialists, nurses, chiropractors and physiotherapists, laboratory services and the supply of pharmaceutical or hospital care.
"social services" « services sociaux »	"social services" means any social service, such as specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services, (a) that is intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and (b) for which the majority of the funds are contributed by governments, either directly or through publicly-funded agencies, including funding that provides direct or indirect financial support to a person assisted.
Excessive demand on health services or social services	(2) Before concluding whether a foreign national's health condition might reasonably be expected to cause excessive demand on health services or social services, 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) any health condition identified by the medical examination.
Definitions	33. (1) The definitions in this subsection apply in these Regulations.
"in transit passenger" « passager en transit »	"in transit passenger" means a person who arrives by aircraft at a Canadian airport from the United States, or any other country, for the sole purpose of reboarding their flight or boarding a connecting flight departing from that airport to another country or the same country.
"in transit preclearance passenger" «  passager en transit bénéficiant d'un précontrôle »	"in transit preclearance passenger" means an in transit passenger who is subject to a preclearance procedure in accordance with the Preclearance Act.
"sterile" « isolé »	"sterile" means, with respect to an area in an airport, an area where in transit passengers, in transit preclearance passengers and goods that are in transit or precontrolled are physically separated from other passengers and goods.
Transit	(2) Subject to subsection (3), 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 the United States or any other country and who are transitting to another country or the same country and remain in a sterile area of the airport reserved for only passengers in transit.
Obligatory examination	(3) Any person seeking to leave a preclearance zone, a sterile transit zone or a transit zone must appear immediately for examination.
Actions not constituting a complete examination	34. 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.
End of examination	35. The examination of a person who seeks to enter Canada, or who makes an application to transit through Canada, ends only when (a) a decision 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.
	Members of a Crew
Definition of "member of a crew"	36. (1) In these Regulations, "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, but does not include (a) any person whose fare is waived in exchange for work to be performed during the voyage or trip; (b) any person who performs maintenance or repairs under a service contract with a transportation company during the voyage or trip or while the means of transportation is in Canada; or (c) any other person who is on board the means of transportation for a purpose other to perform duties that relate to the operation of the means of transportation or the provision of services to passengers or members of the crew.
Ceasing to be a member of a crew	(2) The following persons cease to be members of a crew: (a) members of a crew who have deserted; (b) members of a crew who an officer believes on reasonable grounds have deserted; (c) members of a crew who are hospitalized and who fail to return to the means of transportation or to leave Canada within 72 hours after leaving the hospital; and (d) members of a crew who have been discharged or are otherwise unable or unwilling to perform their duties as a member of a crew and who fail to leave Canada within 72 hours after the discharge or the inability or unwillingness to perform those duties.
	Alternative Means of Examination
Classes and means	37. For the purposes of subsection 18(1) of the Act, the following classes of persons may 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 means of a 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 means of a 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 means of a 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 means of a telephone or other means of telecommunication; (g) Canadian citizens or permanent residents who have been outside Canada for no longer than 72 hours and are seeking to enter Canada at remote locations where no officer is assigned or where there is no means by which the persons may report for examination, in which case the examination is conducted by an officer by means of a telephone or other means of telecommunication; (h) United States citizens or permanent residents 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 the examination is conducted by an officer by means of a telephone or other means of telecommunication; and (i) 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 the examination is conducted by an officer by means of a telephone or other means of telecommunication.
	Permitted Entry
Entry permitted	38. 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 of Foreign Affairs that are valid for return to Canada.
	Conduct of Examination Measures
Direction to leave	39. (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 direct in writing the person to leave Canada.
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.
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.
Direct back	40. Unless an authorization has been given under section 23 of the Act, an officer who examines a foreign national or permanent resident who is seeking to enter Canada from the United States to return to 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; or (c) an admissibility hearing cannot be held by the Immigration Division.
Withdrawing application	41. 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 (a) refuse to allow the foreign national to withdraw their application if they (i) are unable or unwilling to leave Canada as soon as practicable, (ii) have during the previous year, after withdrawing another application to enter Canada at a port of entry, tried to enter Canada by another port of entry, (iii) have been or is subject to a removal order, (iv) are inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, (v) are subject to a warrant for their arrest, (vi) are a fugitive from justice in a foreign jurisdiction, or (vii) are an unaccompanied minor child of less than 18 years of age; and (b) allow the foreign national to withdraw their application in any other case and, in the case of further examination, direct them to appear before an officer at the port of entry where they leave Canada.
	Application of Section 23 of the Act
Conditions	42. (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; and (d) to report in person to an officer at a port of entry if the person withdraws their application to enter Canada.
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 of that authorization, become a temporary resident or a permanent resident.
	Obligation to Appear at an Admissibility Hearing
Class	43. (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 hereby prescribed as a class of persons.
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.
Obligation	(3) Every member of the class prescribed under subsection (1) shall appear at their admissibility hearing before the Immigration Division if they are given notice of the hearing by the Division.
	Deposits or Guarantees
Performance bond or cash bond required	44. (1) An officer can require a person or group of persons seeking to enter Canada to arrange for a performance bond to be posted, or to deposit or arrange for the deposit of a sum of money, with the Minister in order to guarantee compliance with the conditions imposed on the person or group.
Receipt	(2) On receipt of a performance bond or sum of money, the officer shall issue a receipt specifying the circumstances in which the bond may be enforced or the deposit may be forfeited.
Amount	(3) The amount of the performance bond or sum of money is $4,000 or any greater amount that the officer fixes 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 performance bond, the costs that would likely be incurred to enforce it.
Breach of condition	(4) A sum of money deposited under subsection (1) is forfeited, and a performance bond becomes enforceable, on the failure of the person or any member of the group to comply with a condition imposed.
General requirements	45. (1) A person who posts a performance bond and a person or group of persons who deposit a sum of money (a) must not be a signatory or co-signatory for other outstanding bonds that are in default; and (b) must be able to ensure that the person or group of persons required to arrange for the posting of the bond or to deposit or arrange for the deposit of the sum of money will comply with the conditions imposed.
Requirements if performance bond	(2) A person who posts a performance bond must (a) be a Canadian citizen, or a permanent resident, physically present in Canada; (b) have the capacity to contract in the province where the bond is posted; and (c) present to an officer evidence of their ability to fulfil the obligation arising from the bond.
Conditions if performance bond	46. (1) In addition to any other conditions that are imposed, the following conditions are imposed on a person or group of persons required to arrange for the posting of a performance bond: (a) to provide the Department with the address of the person posting the bond and to advise the Department 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 an obligation imposed on them under the Act.
Conditions if sum of money	(2) In addition to any other conditions that are imposed, the following conditions are imposed on a person, or a group of persons, required to deposit or to arrange for the deposit of a sum of money: (a) to provide the Department with their address and to advise the Department of 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 an obligation imposed on them under the Act.
Return of security	47. The Department shall return the sum of money deposited on being informed by an officer that the person or group of persons required to deposit or arrange for the deposit of the sum of money has complied with the conditions imposed.
	Documents Required
Documents — permanent residents	48. (1) In addition to the permanent resident visa required of a foreign national seeking to become a permanent resident at a port of entry, 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 of the country, 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 former citizens who were compelled to relinquish their Soviet nationality in order to emigrate from that country; (g) a British National (Overseas) passport that was issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong; or (h) a passport that was issued by the Government of Hong Kong Special Administrative Region of the People's Republic of China.
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).
Unacceptable documents	(3) The following documents are not considered passports or identity or travel documents for the purposes of this section: (a) any passport or identity or travel document purporting to have been issued by Bophuthatswana, Ciskei, Transkei, or Venda; (b) any passport or identity or travel document purporting to have been issued by the All Palestine Government; (c) any passport that was issued by the Government of the United Kingdom and is entitled "British Visitor's Passport"; and (d) any passport purporting to have been issued by Somalia.
Examination — permanent residents	49. A foreign national who holds a permanent resident visa and is seeking at a port of entry to become a permanent resident must (a) inform the officer if (i) the foreign national has become, or has ceased to be, a spouse or common-law 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, at the time of examination, that they and their dependants, whether accompanying or not, meet the requirements of the Act and these Regulations.
Documents — temporary residents	50. (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 that was issued by the Government of the United Kingdom to a British Overseas Citizen; (h) a British National (Overseas) passport that was issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong; and (i) a passport that was issued by the Government of Hong Kong Special Administrative Region of the People's Republic of China.
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 that visiting force; or (f) persons who are seeking to enter Canada as, or in order to become, members of a crew of a means of transportation and who hold a seafarer's identity document issued under International Labour Organization conventions or an airline flight crew licence or crew member certificate issued in accordance with International Civil Aviation Organization specifications.
Unacceptable documents	(3) The following documents are not considered passports or identity or travel documents for the purposes of this section: (a) any passport or identity or travel document purporting to have been issued by Bophuthatswana, Ciskei, Transkei, or Venda; (b) any passport or identity or travel document purporting to have been issued by the All Palestine Government; (c) any passport that was issued by the Government of the United Kingdom and is entitled "British Visitor's Passport"; and (d) any passport purporting to have been issued by Somalia.
	PART 4
	PERMANENT RESIDENTS
	DIVISION 1
	PERMANENT RESIDENT CARDS
Document indicating status	51. (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 to a person who has become a permanent resident under the Act; or (b) issued on application to a permanent resident who obtained that status under the Immigration Act, R.S.C. 1985, c. I-2, as it read immediately before the coming into force of section 31 of the Act.
Property of Her Majesty	(2) The permanent resident card is provided or issued by the Department, remains at all times the property of Her Majesty in right of Canada and must be returned to the Department on the Department's request.
Application of s. 148(1) of the Act	(3) For the purposes of the application of subsection 148(1) of the Act, the permanent resident card is a prescribed document.
Period of validity	52. A permanent resident card is issued (a) if the permanent resident, after applying for the card, (i) is subject to the process set out in paragraph 46(1)(b) of the Act, for a validity period of one year until there has been a final determination of the decision, (ii) is the subject of a report prepared under section 44(1) of the Act that is being considered by the Minister to determine whether the report is well-founded, for a validity period of one year until the Minister completes the consideration, (iii) is the subject of a report prepared under subsection 44(1) of the Act that, in the opinion of the Minister, is well-founded and the permanent resident is subject to a removal order made by the Minister under subsection 44(2) of the Act, for a validity period of one year until the period for filing an appeal from the decision has expired or, if an appeal is filed, until the final determination of the appeal, or (iv) is the subject of a report prepared under section 44(1) of the Act that, in the opinion of the Minister, is well-founded and the report is referred to the Immigration Division under subsection 44(2) of the Act, for a validity period of one year until the period for filing an appeal from the decision of the Immigration Division has expired or, if an appeal is filed, until the final determination of the appeal; and (b) in any other case, for a validity period of five years.
Delivery	53. A permanent resident card shall be delivered (a) to the Departmental office in Canada located nearest the applicant's address in Canada, if the application is made in Canada; and (b) to the Canadian mission responsible for the area in which the application is made, if the application is made outside Canada.
Definition	54. (1) In this section, "guarantor" means a Canadian citizen who is chosen by an applicant, is resident in Canada, has known the applicant for at least two years and is (a) a dentist, a medical doctor or a chiropractor; (b) a judge, a magistrate or a police officer serving in the Royal Canadian Mounted Police or a provincial or municipal police force; (c) in the Province of Quebec, an advocate, a lawyer or a notary and, in any other province, a barrister or solicitor; (d) a mayor; (e) a minister of religion authorized under the laws of a province to perform marriages; (f) a notary public; (g) an optometrist; (h) a pharmacist; (i) a postmaster; (j) a principal of a primary or secondary school; (k) an accountant who is a member in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province; (l) in the Province of Quebec, a counsel-engineer and, in any other province, a professional engineer; (m) a senior administrator in a community college, including, in the province of Quebec, in a CEGEP; (n) a senior administrator or a teacher in a university; or (o) a veterinarian.
Application	(2) An application for a permanent resident card made by an applicant referred to in paragraph 51(1)(b) and an application for the renewal of a permanent resident card must 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 address of all of the applicant's places of residence during the previous five years, (vi) the employment or studies engaged in, and the name and address of the applicant's employers and educational institutions attended during the previous five years, (vii) the periods, of a day or more, during the previous five years that the applicant was absent from Canada, and the applicant's location during those absences, (viii) the names, addresses and telephone numbers of two Canadian citizens or permanent residents who know the applicant, (ix) the name, address and telephone number of the applicant's guarantor, (x) 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 (xi) whether the applicant has lost their permanent resident status or has been issued a removal order; (b) a declaration, on the application form, that is signed by the guarantor and states that (i) they know the applicant personally, (ii) they confirm the identity of the applicant, and (iii) that to the best of their knowledge and belief the information on the form is true and accurate; (c) a certified copy of (i) a passport currently held by the applicant or held by the applicant at the time of becoming a permanent resident, (ii) a certificate of identity issued by the Minister of Foreign Affairs to the applicant, or (iii) refugee travel papers issued by the Minister of Foreign Affairs to the applicant; (d) a certified 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 within 12 months before the application was made, (ii) are signed by the guarantor, (iii) are in black and white or colour on single sheet mat 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).
Applicants	55. (1) Subject to subsection (3), every person who applies for a permanent resident card must make and sign the application on their own behalf.
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 a 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.
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 the child's parents unless (a) a Canadian court has made a 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.
Issuance within 180 days	56. (1) A permanent resident referred to in paragraph 51(1)(a) shall provide their address in Canada within 180 days following their entry to Canada in order to allow the Department to provide them with their permanent resident card.
Issuance after 180 days	(2) If the permanent resident does not provide their address to the Department, they must make an application for a permanent resident card in accordance with section 57.
Renewal	57. (1) An officer shall, on application, renew a 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 54 and 55; and (d) the applicant returns their last permanent resident card, unless the card has been lost, destroyed or stolen, in which case the applicant must produce all relevant evidence in accordance with subsection 16(1) of the Act.
Effect of renewal	(2) The renewal of a permanent resident card results in the revocation of the previously issued permanent resident card.
Revocation	58. An officer must revoke a permanent resident card 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 2
	RESIDENCY OBLIGATION
Canadian business	59. (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 out 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 by the laws of Canada or a province.
Exclusion	(2) For greater certainty, a Canadian business does not include a business that serves primarily for the purpose of allowing a permanent resident to meet their residency obligations while residing outside Canada.
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.
Accompanying outside Canada	(4) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act and of 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.
Compliance	(5) For the purposes of subparagraph 28(2)(a)(iv) of the Act, the permanent resident complies with the residency obligation as long as the permanent resident they are accompanying complies with their residency obligation.
Child	(6) For the purposes of subparagraphs 28(2)(a)(ii) and (iv) of the Act, a child means a child of a parent referred to in those subparagraphs, including a child adopted in fact, who has not and has never been a spouse or common-law partner and is less than 22 years of age.
Calculation — residency obligation	60. (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 grounds 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.
Exception	(2) If the permanent resident is subsequently determined to have complied with the residency obligation, subsection (1) does not apply.
	PART 5
	ECONOMIC CLASSES
	DIVISION 1
	SKILLED WORKERS
	Interpretation
Definitions	61. The definitions in this section apply in this Division.
"educational credential" « diplôme d'études »	"educational credential" means any diploma, degree, trade or apprenticeship credential issued for the completion of a program of study or training at an educational or training institution recognized by the authorities responsible for registering, accrediting, supervising and regulating such institutions in the country of issue.
"restricted occupation" « professions d'accès limité  »	"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 Human Resources Development, provincial governments and any other relevant organizations or institutions.
	General
Obtaining status	62. (1) Subject to subsection (2), a skilled worker who meets the requirements of this Division must, in order to become a permanent resident, present their permanent resident visa to an officer at a port of entry.
Exception	(2) A skilled worker who meets the requirements of this Division may also become a permanent resident if they present their permanent resident visa to an officer at an office of the Department in Canada and provide evidence that they (a) have an arranged employment under section 70; and (b) are working in Canada and have done so for at least one year preceding the date of their application for a permanent resident visa.
	Federal Skilled Workers
	Federal Skilled Worker Class
Class	63. (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.
Skilled workers	(2) A foreign national is a skilled worker if (a) within 10 years preceding the date of their application for a permanent resident visa, they have at least one year of continuous full-time employment experience, as described in subsection 69(7), or the equivalent in part-time employment in one or more occupations, other than a restricted occupation, that are listed in Skill Type 0 Management Occupations or Skill Levels A or B of the National Occupational Classification matrix; (b) during that period of employment they performed the actions described in the Classification's lead statement for the occupation; and (c) during that period of employment they performed a substantial number of the duties in the "Main Duties" section of the Classification for the occupation, including all of the essential duties.
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.
Selection criteria	64. (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) age, in accordance with section 66, (ii) education, in accordance with section 67, (iii) knowledge of the official languages, in accordance with section 68, (iv) experience, in accordance with section 69, (v) arranged employment, in accordance with section 70, and (vi) adaptability, in accordance with section 71; and (b) the skilled worker must have, in the form of transferable and available funds, unencumbered by debts or other obligations, an amount equal to the minimum necessary income, within the meaning of section 126, applicable in respect of the group of persons consisting of the skilled worker and their family members that would be sufficient to support them without recourse to public social assistance for one year after they enter 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 of skilled workers as members of the 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 substituted evaluation	(3) Whether the skilled worker has been awarded the minimum number of required points or not, an officer may substitute for the criteria set out in subsection (1) their evaluation of the likelihood of the ability of the skilled worker to become economically established in Canada if the number of points awarded are 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.
Conformity — applicable times	65. For the purposes of Part 3, the requirements and criteria set out in sections 63 and 64 must be met at the time an application is made as well as at the time the permanent resident visa is issued.
	Selection Grid
Age (10 points)	66. Points shall be awarded up to a maximum of 10 for the applicant's age, on the date of application, as follows: (a) 10 points for an age of at least 21 but less than 45 years; (b) eight points, for an age of 20 or 45 years; (c) six points, for an age of 19 or 46 years; (d) four points, for an age of 18 or 47 years; (e) two points, for an age of 17 or 48 years; and (f) zero points, for an age of less than 17 or more than 48 years.
Definitions	67. (1) The definitions in this subsection apply in this section.
"full-time" « temps plein »	"full-time" means, in relation to a program of study leading to a diploma, at least 15 hours of instruction per week.
"full-time equivalent" « équivalent temps plein »	"full-time equivalent" means, in respect of part-time or accelerated studies, the period that would have been required to complete those studies on a full-time basis.
Education (25 points)	(2) Points for the applicant's education shall be awarded, up to a maximum of 25 points, as follows: (a) five points for a secondary school educational credential, or, if the secondary studies have not been completed, for a one year educational credential and a total of 12 years of full-time or full-time equivalent studies; (b) 10 points for a one year post secondary educational credential and a total of 13 years of full-time or full-time equivalent studies; (c) 15 points for a two year post secondary educational credential and a total of 14 years of full-time or full-time equivalent studies; (d) 20 points for a three year post secondary educational credential and a total of 15 years of full-time or full-time equivalent studies; (e) 20 points for a university educational credential requiring at least three years of full-time study and a total of 15 years of full-time or full-time equivalent studies; and (f) 25 points for a master's or doctoral educational credential and a total of 17 years of full-time or full-time equivalent studies.
Multiple educational achievements	(3) For the purposes of subsection (2), points (a) shall not be awarded cumulatively or on the basis of more than one single educational credential; and (b) shall be awarded on the basis of the single educational credential that results in the highest number of points.
Proficiency in English and French (20 points)	68. (1) An applicant must identify at the time of application which of English and French is to be considered their first official language and which is to be considered their second official language.
Points	(2) Subject to subsections (3) to (5), assessment points for proficiency in the official languages of Canada shall be awarded up to a maximum of 20 points, as follows: (a) for the ability to speak, listen, read or write with high proficiency (i) in the first official language, four points for each of those abilities, and (ii) in the second official language, one point each for each of those abilities; (b) for the ability to speak, listen, read or write with moderate proficiency (i) in a first official language, two points each for each of those abilities, and (ii) in a second official language, zero points each for each of those abilities; and (c) for the ability to speak, listen, read or write with basic or no proficiency, in either official language, zero points for each of those abilities.
High proficiency	(3) For the purposes of paragraph (2)(a), a person has the ability to speak, listen, read or write with high proficiency if the person has an operational command of the language and is able to function effectively in most community and workplace situations.
Moderate proficiency	(4) For the purposes of paragraph (2)(b), a person has the ability to speak, listen, read or write with moderate proficiency if the person can be generally understood, generally understands and is able to function adequately in most community and workplace situations.
Basic or no proficiency	(5) For the purposes of paragraph (2)(c), a person has the ability to speak, listen, read or write with basic or no proficiency if the person is able to do so with less than moderate proficiency.
Designated organization	(6) The Minister may designate organizations or institutions to assess language proficiency for the purposes of this section.
Experience (25 points)	69. (1) Up to a maximum of 25 points shall be awarded for full-time work experience, or the full-time equivalent for part-time work experience, within the 10 years preceding the date of application, as follows: (a) for one year of work experience, 10 points; (b) for two years of work experience, 15 points; (c) for three years of work experience, 20 points; and (d) for four or more years of work experience, 25 points.
Listed occupation	(2) For the purpose of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, listed in Skill Type 0 Management Occupations or the Skill Levels A or B of the National Occupational Classification matrix.
Occupational experience	(3) For the purpose of subsection (1), a person has experience in an occupation, regardless of whether the person meets the occupation's educational requirements listed in the National Occupational Classification, if the person performed (a) the actions described in the lead statement for the occupation in the Classification; and (b) at least a substantial number of the duties described in the "Main Duties" section of the occupation in the Classification, including all the essential duties.
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.
Classification code	(5) An applicant shall specify on the application form 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 applicant's work experience.
Officer's duty	(6) An officer is not required to consider occupations that have not been specified in the application.
Full-time	(7) For the purposes of this section, full-time work is equivalent to at least 37.5 hours of work per week.
Arranged employment (10 points)	70. (1) Ten points shall be awarded for arranged employment in Canada if the applicant is able to perform and likely to accept and carry out the employment.
Criteria for approval	(2) In this section, "arranged employment" in Canada means an offer of indeterminate employment that has been approved by the Department of Human Resources Development based on the following criteria: (a) the offer and the employment are genuine; (b) the wages and working conditions of the offered employment would be sufficient to attract and retain Canadian citizens; and (c) the employment is not seasonal in nature.
Determination under section 194	(3) Points may be awarded to an applicant for arranged employment if (a) there has been a determination by an officer under section 194 that the performance of the employment by the skilled worker would be likely to result in a neutral or positive economic effect in Canada; (b) the employment continues for at least 12 months after the date of the skilled worker's application; and (c) the applicant is currently working in that employment.
Adaptability (10 points)	71. (1) A maximum of 10 points for adaptability shall be awarded on the basis of any combination of the following elements: (a) for the educational credentials of the applicant's accompanying spouse or accompanying common-law partner, three, four or five points; (b) for any previous period of study in Canada, five points; (c) for any previous period of work in Canada, five points; (d) for an offer of employment in Canada, five points; and (e) for persons living in Canada that are described in subsection (6), five points.
Educational credentials of spouse or common-law partner	(2) For the purposes of paragraph (1)(a), an officer shall evaluate the educational credentials of an applicant's accompanying spouse or accompanying common-law partner as if the spouse or common-law partner were an applicant, and shall award points to the applicant as follows: (a) for a spouse or common-law partner who would be awarded 25 points, five points; (b) for a spouse or common-law partner who would be awarded 20 points, four points; and (c) for a spouse or common-law partner who would be awarded 10 or 15 points, three points.
Previous study in Canada	(3) For the purposes of paragraph (1)(b), an applicant shall be awarded five points if they applicant or their accompanying spouse or accompanying common-law partner, after the age of seventeen, completed a program of full-time study of at least two year's duration at a post-secondary institution in Canada under a study permit.
Previous work in Canada	(4) For the purposes of paragraph (1)(c), an applicant shall be awarded five points if they 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.
Offer of employment	(5) For the purposes of paragraph (1)(d), an applicant who has not received points under section 70 for arranged employment shall be awarded five points if they have received a genuine offer of employment in Canada that is not an arranged employment and is effective on the applicant's entry in Canada.
Family relationships in Canada	(6) For the purposes of paragraph (1)(e), the applicant shall be awarded five points if (a) the applicant or the applicant's 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 applicant has a spouse or common-law partner who is not accompanying the applicant and is a Canadian citizen or permanent resident living in Canada.
	Requirements
Family members	72. The requirements with respect to a person who is a family member of a skilled worker who makes an application under Division 1 of Part 3 for a permanent resident visa are the following: (a) the person is a family member of the applicant; and (b) at the time it is made, the application includes a request for a permanent resident visa for that person.
Permanent resident status	73. A foreign national who is a 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 the family member is not inadmissible.
	Quebec Skilled Worker Class
Class	74. (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 a permanent resident 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.
	Provincial Nominee Class
Class	75. (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.
Member of the class	(2) A foreign national is a member of the provincial nominee class if they (a) 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) intend to reside in the province that has nominated them.
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.
Concurrence	(4) An evaluation made under subsection (3) requires the concurrence of a second officer.
	DIVISION 2
	BUSINESS IMMIGRANTS
	Interpretation
Definitions	76. (1) The definitions in this subsection apply in this Division.
"agent" « mandataire »	"agent" means, in respect of a fund, the Minister acting as an agent on behalf of a fund that has been approved by a province other than Quebec or the Minister acting as mandatary on behalf of a fund that has been approved by the Province of Quebec.
"allocation period" « période de quote-part »	"allocation period" means, in respect of the provincial allocation of an investor, the period of five years beginning on the first day of the second month after the month in which the agent receives the investment.
"approved fund" « fonds agréé »	"approved fund" means a fund that is approved by the Minister under section 78.
"business experience" « expérience dans l'exploitation d'une entreprise »	"business experience", in respect of (a) an investor or an entrepreneur, other than an investor selected by a province or an entrepreneur selected by a province, means (i) the management of a qualifying business and the control of a percentage of equity of the qualifying business for at least two years in 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, or (ii) the management of at least 50 full-time job equivalents per year in a business for at least two years in 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; and (b) an investor selected by a province or an entrepreneur selected by a province, has the meaning provided by the law of the province and is calculated in accordance with the laws of the province.
"debt obligation" « titre de créance »	"debt obligation" has the same meaning as in subsection 2(1) of the Canada Business Corporations Act.
"entrepreneur" « entrepreneur »	"entrepreneur" means a foreign national who (a) has business experience; (b) has a net worth of at least $300,000; and (c) provides a written statement to an officer that for a period of at least one year within a period of not more than three years after the day that the entrepreneur becomes a permanent resident they intend and will be able to (i) control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent, (ii) provide active and ongoing management of the qualifying Canadian business, and (iii) create at least one incremental full-time job equivalent in that business for Canadian citizens or permanent residents, other than the entrepreneur and their family members.
"entrepreneur selected by a province" « entrepreneur selectionné par une province »	"entrepreneur selected by a province" means an entrepreneur who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement with the Minister whereby the province has sole responsibility for the selection of entrepreneurs.
"full-time job equivalent" « équivalent d'emploi à temps plein »	"full-time job equivalent" means 1,950 hours of paid employment.
"fund" « fonds »	"fund" means a corporation that is controlled by the government of a province and is authorized to create or continue employment in Canada in order to foster the development of a strong and viable economy.
"investment" « placement »	"investment" means, in respect of an investor, a sum of $400,000 that (a) in the case of an investor other than an investor selected by a province, is paid by the investor to the agent for allocation to all approved funds in existence as of the date the allocation period begins and that is not refundable during the period beginning on the day a permanent resident visa is issued to the investor and ending at the end of the allocation period; and (b) in the case of an investor selected by a province, is invested by the investor in accordance with an investment proposal within the meaning of the law of the province and is not refundable for a period of at least five years, as calculated in accordance with the laws of the province.
"investor" « investisseur »	"investor" means a foreign national who (a) has business experience; (b) has a net worth of at least $800,000; and (c) indicates in writing to an officer that they intend to make or have made an investment.
"investor selected by a province" « investisseur sélectionné par une province »	"investor selected by a province" means an investor who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement with the Minister whereby the province has sole responsibility for the selection of investors.
"net assets" « actif net »	"net assets" means assets minus liabilities plus shareholder loans from the foreign national and their spouse or common-law partner.
"net income" « revenu net »	"net income" means after tax profit or loss plus remuneration to the foreign national and their spouse or common-law partner.
"net worth" « avoir net »	"net worth" means, in respect of the foreign national and their spouse or common-law partner, the fair market value of all their assets minus the fair market value of all their liabilities.
"percentage of equity" « pourcentage des capitaux propres »	"percentage of equity" means (a) in respect of a sole proprietorship, 100 per cent of the equity of the sole proprietorship; (b) in respect of a corporation, the percentage of the issued and outstanding voting shares of the capital stock of the corporation controlled by the 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 the foreign national or their spouse or common-law partner is entitled.
"provincial allocation" « allocation provinciale »	"provincial allocation" means the portion of an investor's investment in an approved fund calculated in accordance with subsection (2).
"qualifying business" « entreprise admissible »	"qualifying business" means a business — other than a business operated primarily for the purpose of deriving investment income such as interest, dividends or capital gains — for which, in each of any two years in the period beginning five years before the date of application for a permanent resident visa and ending on the date a determination is made in respect of the application, there is documentary proof of any two of the following: (a) that the percentage of equity multiplied by the number of full time job equivalents is equal to or greater than 2 full-time job equivalents per year; (b) that the percentage of equity multiplied by the total annual sales is equal to or greater than $500,000; (c) that the percentage of equity multiplied by the net income in the year is equal to or greater than $50,000; and (d) that the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000.
"qualifying Canadian business" « entreprise canadienne admissible »	"qualifying Canadian business" means a business operated in Canada — other than a business operated primarily for the purpose of deriving investment income, such as interest, dividends or capital gains — for which there is in any year documentary evidence of any two of the following: (a) that the percentage of equity multiplied by the number of full-time job equivalents is equal to or greater than two full-time job equivalents per year; (b) that the percentage of equity multiplied by the total annual sales is equal to or greater than $250,000; (c) that the percentage of equity multiplied by the net income in the year is equal to or greater than $25,000; and (d) that the percentage of equity multiplied by the net assets at the end of the year is equal to or greater than $125,000.
"self-employed person" « travailleur autonome »	"self-employed person" means a foreign national who has the intention and the ability to create their own employment by (a) making a significant contribution to the cultural or artistic life of Canada or to athletics in Canada at the world-class level; or (b) purchasing and managing a farm in Canada.
"self-employed person selected by a province" « travailleur autonome sélectionné par une province »	"self-employed person selected by a province" means a self-employed person who intends to reside in a province the government of which has, under subsection 8(1) of the Act, entered into an agreement with the Minister whereby the province has sole responsibility for the selection of self-employed persons.
Provincial allocation	(2) For the purposes of the definition "provincial allocation" in subsection (1), the provincial allocation shall be calculated as of the first day of the allocation period in accordance with the formula
	A + B
	where A equals $200,000 divided by the number of approved funds that are not suspended; and B equals $200,000 multiplied by the gross domestic product at market prices of the province that has approved the non-suspended fund, divided by the total of the gross domestic products at market prices of all the provinces that have approved a fund that is not suspended.
Gross domestic product	(3) For the purpose of subsection (2), the gross domestic product is that for the calendar year before the calendar year that immediately precedes the date of provincial allocation, as set out in the table entitled "Provincial accounts GDP at market prices by province (millions of dollars)" in the Canadian Economic Observer Historical Statistical Supplement, published by Statistics Canada.
	Investors
	Investor Class
Members of the class	77. (1) For the purposes of subsection 12(2) of the Act, the investor 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 investors within the meaning of subsection 76(1).
Minimal requirements	(2) If a foreign national who makes an application as a member of the investor class is not an investor within the meaning of subsection 76(1), the application shall be refused and no further assessment is required.
	Fund
Approval by the Minister	78. The Minister shall approve a fund if (a) the fund has been approved by a province; (b) the province provides documentation to the Minister stating that, if the fund fails to transfer the provincial allocation to the agent in accordance with paragraph 79(g), the province will be liable to transfer to the agent an amount equal to the provincial allocation in order to repay the investor in accordance with paragraph 79(i); (c) the fund to be approved will be the only non-suspended approved fund in the province; and (d) the fund has entered into an agreement with the Minister designating the Minister as agent for the purpose of (i) receiving the provincial allocation and keeping it until the beginning of the allocation period unless the provincial allocation is repaid under paragraph 79(b), (ii) transferring the provincial allocation to the approved fund at the beginning of the allocation period in accordance with paragraph 79(d), unless the approved fund is suspended under subsection 80(l), (iii) preparing and delivering to the investor a debt obligation and notifying the investor of the date of receipt of the investment at the beginning of the allocation period in accordance with paragraph 79(e), (iv) receiving the provincial allocation transferred by the approved fund at the end of the allocation period in accordance with paragraph 79(g), (v) if the fund fails to transfer the provincial allocation under paragraph 79(g), receiving the provincial allocation from the province in accordance with paragraph 79(h), and (vi) repaying the provincial allocation to the investor in accordance with paragraph 79(i).
Terms and conditions	79. The approval of a fund under section 78, whether or not the fund has been suspended under subsection 80(1), is subject to the following terms and conditions: (a) the approved fund shall receive the provincial allocation through the agent; (b) the approved fund shall, through the agent, repay the provincial allocation to the investor within 90 days after the date of the receipt by the agent of the request for repayment by the investor, if the request for repayment is received before a permanent resident visa is issued to the investor; (c) the approved fund shall repay the provincial allocation to the agent within 30 days after the agent informs the fund that the investor has chosen to withdraw their investment before the issuance of a permanent resident visa; (d) on the first day of the allocation period, an approved fund that is not suspended shall receive, through the agent, the provincial allocation; (e) on the first day of the allocation period, an approved fund that receives the provincial allocation shall issue to the investor, through the agent, a debt obligation that is in an amount equal to the provincial allocation, that is due and payable 30 days after the expiry of the allocation period and that cannot be transferred but can be pledged as security, and shall notify the investor through the agent of the date of receipt of the provincial allocation; (f) during the allocation period, the approved fund shall use the provincial allocation for the purpose of creating or continuing employment in Canada to foster the development of a strong and viable economy; (g) at the end of the allocation period, the approved fund shall transfer the provincial allocation to the agent for repayment in accordance with paragraph (i); (h) if the approved fund fails to transfer the provincial allocation to the agent under paragraph (g), the province shall transfer an amount equal to the provincial allocation to the agent for repayment in accordance with paragraph (i); and (i) 30 days after the expiry of the allocation period, the agent shall repay the provincial allocation to the investor thereby extinguishing the debt obligation in respect of that provincial allocation.
Suspension	80. (1) The Minister shall suspend the approval of a fund if (a) the province that approved the fund withdraws its approval; (b) the fund no longer qualifies as a fund within the meaning of subsection 76(1); (c) the documentation provided by the province to the Minister in accordance with paragraph 78(b) is no longer valid and no valid documentation has been provided by the province to replace it; (d) the agreement between the fund and the Minister referred to in paragraph 78(d) is no longer valid; or (e) the fund is not in compliance with the terms and conditions set out in section 79.
Lifting of suspension	(2) The Minister shall lift the suspension if the circumstances that gave rise to the suspension cease to exist.
Revocation	81. The Minister shall revoke the approval of a fund if (a) the approved fund has repaid the provincial allocation to all of its investors; and (b) the approval of the fund has been suspended.
Reports	82. Every approved fund must submit to the Minister, until all investors have been repaid in accordance with paragraph 79(i), the following periodic reports for the purpose of demonstrating compliance with paragraph 79(f): (a) a quarterly report on the use of provincial allocations, including (i) the names of the recipients of the portion of the provincial allocations invested, (ii) a description of and the terms of the security received for that investment, (iii) the date on which the portion of the provincial allocations is invested, (iv) the date on which the portion of the provincial allocations invested is recovered by the approved fund, (v) a brief description of the use of the portion of the provincial allocations invested, (vi) the number of full-time job equivalents created by the portion of the provincial allocations invested, and (vii) the code for each recipient of the investment as set out in the Canadian Standard Industrial Classification for Companies and Enterprises, 1980; and (b) audited annual financial statements for the approved fund, submitted within 180 days after the end of each financial year.
	Investor Selected by a Province
Province of Quebec	83. A foreign national who is an investor selected by a province shall not be assessed in accordance with section 89 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.
	Entrepreneurs
	Entrepreneur Class
Members of the class	84. (1) For the purposes of subsection 12(2) of the Act, the entrepreneur 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 entrepreneurs within the meaning of subsection 76(1).
Minimal requirements	(2) If a foreign national who makes an application as a member of the entrepreneur class is not an entrepreneur within the meaning of subsection 76(1), the application shall be refused and no further assessment is required.
	Conditions
Permanent residence	85. (1) An entrepreneur who becomes a permanent resident must meet the following conditions: (a) the entrepreneur must control a percentage of the equity of a qualifying Canadian business equal to or greater than 33 1/3 per cent; (b) the entrepreneur must provide active and ongoing management of the qualifying Canadian business; and (c) the entrepreneur must create at least one incremental full-time job equivalent for Canadian citizens or permanent residents, other than the entrepreneur and their family members.
Applicable time	(2) The entrepreneur must meet the conditions for a period of at least one year within a period of three years after the day the entrepreneur becomes a permanent resident.
Evidence of compliance	(3) An entrepreneur who becomes a permanent resident must provide to an officer evidence of compliance with the conditions within the period of three years after the day the entrepreneur becomes a permanent resident.
Report and evidence of efforts to comply	(4) An entrepreneur must provide to an officer (a) not later than six months after the day the entrepreneur becomes a permanent resident, their residential address and telephone number; and (b) during the period beginning 18 months after and ending 24 months after the day the entrepreneur becomes a permanent resident, evidence of their efforts to comply with the conditions.
Family members	(5) The family members of an entrepreneur are subject to the condition that the entrepreneur meets the conditions.
	Entrepreneur Selected by a Province
Province of Quebec	86. A foreign national who is an entrepreneur selected by a province shall not be assessed in accordance with section 89 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.
	Self-employed Persons
	Self-employed Persons Class
Members of the class	87. (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 76(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 76(1), the application shall be refused and no further assessment is required.
	Self-employed Person Selected by a Province
Province of Quebec	88. A foreign national who is a self-employed person selected by a province shall not be assessed in accordance with section 89 if they (a) intend to reside in the Province of Quebec; and (b) are named in a Certificat de sélection du Québec issued to the foreign national by that Province.
	Selection Criteria
	General
Criteria	89. (1) For the purpose of determining whether a foreign national, as a member of the investor class, the entrepreneur class or the self-employed persons class, and the foreign national's family members will be able to become economically established in Canada, an officer shall assess that foreign national on the basis of the following factors: (a) age, in accordance with section 66; (b) education, in accordance with section 67; (c) knowledge of the official languages, in accordance with section 68; (d) experience, in accordance with section 90; and (e) adaptability, in accordance with section 91 in the case of a member of the investor class or the entrepreneur class, and in accordance with section 92 in the case of a member of the self-employed persons class.
Units of assessment	(2) An officer shall award to a foreign national who is assessed on the basis of the factors set out in subsection (1) the appropriate number of units of assessment for each factor, but the officer shall not award more units of assessment for any factor than the maximum number set out in respect of that factor.
	Experience
Investor and entrepreneur	90. (1) A member of the investor class or the entrepreneur class shall be awarded assessment points up to a maximum of 35 points for business experience in 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, as follows: (a) for two years of business experience, 20 points; (b) for three years of business experience, 25 points; (c) for four years of business experience, 30 points; and (d) for five years of business experience, 35 points.
Self-employed person	(2) A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for full-time relevant work experience within the five years preceding the date of application for a permanent resident visa as follows: (a) for two years of relevant work experience, 20 points; (b) for three years of relevant work experience, 25 points; (c) for four years of relevant work experience, 30 points; and (d) for five years of relevant work experience, 35 points.
	Adaptability
Investor and entrepreneur	91. A member of the investor class or the entrepreneur class shall be awarded assessment points up to a maximum of 10 points for adaptability on the basis of any combination of the following elements: (a) for a business exploration trip to Canada in 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, five points; and (b) for participation in joint Federal Provincial business immigration initiatives, five points.
Self-employed person	92. (1) A member of the self-employed persons class shall be awarded a maximum of 10 points for adaptability on the basis of any combination of the following elements: (a) for the educational credentials of the member's spouse or common-law partner, three, four or five points; (b) for any previous period of study in Canada, five points; (c) for any previous period of work in Canada, five points; and (d) for persons living in Canada described in subsection (5), five points.
Educational credentials of spouse or common-law partner	(2) For the purpose 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, five points; (b) for a spouse or common-law partner who would be awarded 20 points, four points; and (c) for a spouse or common-law partner who would be awarded 10 or 15 points, three points.
Previous study in Canada	(3) For the purpose of paragraph (1)(b), a member of the self-employed persons class shall be awarded five points if the member or their accompanying spouse or accompanying common-law partner, after attaining the age of 18, completed a program of full-time study of at least two years' duration at a post-secondary institution in Canada under a study permit.
Previous work in Canada	(4) For the purpose of paragraph (1)(c), a member of the self-employed persons class shall be awarded five 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.
Family relationships in Canada	(5) For the purposes of paragraph (1)(d), a member of the self-employed persons class shall be awarded five 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
Family Members	93. The requirements with respect to a person who is a family member of a member of the investor class, the entrepreneur class or the self-employed persons class who makes an application under Division 1 of Part 3 for a permanent resident visa are the following: (a) the person is a family member of the applicant; (b) the person is not inadmissible; and (c) at the time it is made, the application includes a request for a permanent resident visa for that person;
	Selection
Application for visa	94. (1) Subject to subsection (5), if a foreign national makes an application as a member of the investor class, the entrepreneur class or the self-employed persons class for a visa, an officer shall issue a visa to the foreign national and their accompanying family members if (a) the foreign national and their family members, whether accompanying family members or not, are not inadmissible and meet the requirements of the Act and these Regulations; (b) where the foreign national and their accompanying family members intend to reside in a place in Canada other than the Province of Quebec, the foreign national is awarded the minimum number of points referred to in subsection (2), (3) or (4), as the case may be, and, if they are a member of the investor class, they have made an investment; and (c) where the foreign national and their accompanying family members intend to reside in the Province of Quebec, the foreign national is named in a Certificat de sélection du Québec issued by that Province and, if the foreign national is a member of the investor class, they have made an investment.
Minimum points — investors	(2) The Minister shall fix and make available to the public the minimum number of points required of an investor, on the basis of (a) the number of applications of investors as members of the investor class currently being processed; (b) the number of investors 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 investors in Canada.
Minimum points — entrepreneurs	(3) The Minister shall fix and make available to the public the minimum number of points required of an entrepreneur, on the basis of (a) the number of applications of members of the entrepreneur class currently being processed; (b) the number of entrepreneurs 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 entrepreneurs in Canada.
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 of 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.
Federal-provincial Agreement	(5) An officer shall not issue a permanent resident visa to an investor selected by a province, or to that investor's accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement entered into between the province and the Minister in respect of the selection of investors under subsection 8(1) of the Act and the consultations have not been successfully completed.
Substitution of evaluation	95. (1) Whether the foreign national has been awarded the minimum number of required points referred to in subsection 94(1) or not, an officer may substitute for the factors set out in subsection 89(1) their evaluation of the likelihood of the foreign national's ability to become economically established in Canada if the number of points awarded are not a sufficient indicator of whether the foreign national may become economically established in Canada.
Concurrence	(2) An evaluation made under subsection (1) requires the concurrence of a second officer.
Visa issuance	96. An officer shall not issue a permanent resident visa to an accompanying child of a foreign national who is referred to in subsection 94(1) unless at the time the visa application is received as well as the time the visa is issued, the child is a dependent child of the foreign national.
	DIVISION 3
	LIVE-IN CAREGIVERS
Definition of "live-in caregiver"	97. In these Regulations, "live-in caregiver" means a person who provides child care, senior home support care or care of the disabled without supervision in a private household in Canada in which the person resides.
Live-in caregiver class	98. The live-in caregiver class is hereby prescribed as a class of foreign nationals who are issued a temporary resident visa and a work permit, and who may subsequently become permanent residents, on the basis of the requirements of this Division.
Processing	99. Applications for temporary resident visas for the live-in caregiver class shall be processed in accordance with Part 8, and applications for work permits shall be processed in accordance with Part 10.
Work permits — requirements	100. An officer shall not issue a work permit to a foreign national who seeks to enter Canada as a live-in caregiver unless they (a) have successfully completed a course of study that is equivalent to the successful completion of secondary school in Canada; (b) have the following training or experience, in a field or occupation related to the employment for which the work permit is sought, namely, (i) successful completion of six months of full-time training in a classroom setting, or (ii) completion of one year of full-time paid employment, including at least six months of continuous employment with one employer, in such a field or occupation within the three years immediately before the day on which they submit an application for a work permit; (c) have the ability to speak, read and listen to English or French at a level sufficient to communicate effectively in an unsupervised setting; and (d) have an employment contract with their future employer.
Permanent residence	101. (1) A member of the live-in caregiver class shall become a permanent resident if (a) they have submitted an application to remain in Canada as a permanent resident; (b) they are a temporary resident; (c) they hold a work permit as a live-in caregiver; (d) they have, for a cumulative period of at least two years within the three years immediately following their entry to Canada as a member of the live-in caregiver class, (i) resided in a private household in Canada, and (ii) provided in that household, and without supervision, child care, senior home support care or care of a disabled person; (e) they are not, and their family members are not, the subject of an enforceable removal order or an admissibility hearing under the Act or an appeal or application for judicial review arising from such a hearing; (f) they did not enter Canada as a member of the live-in caregiver class as a result of a misrepresentation concerning the foreign national's education, training or experience; and (g) if they intend to reside in the Province of Quebec, the competent authority of the province is of the opinion that they meet the selection criteria of that Province.
Calculation	(2) The cumulative period referred to in paragraph (1)(d) may be in respect of more than one employer or household and need not be without interruption, but may not be in respect of more than one employer or household at a time.
Family members — requirements	102. The requirements with respect to a family member of a live-in caregiver applying to remain in Canada as a permanent resident are the following: (a) the family member is a family member of the live-in caregiver, and was included in the live-in caregiver's application to remain in Canada as a permanent resident at the time the application was made; and (b) the family member is not inadmissible.
Conformity — applicable times	103. The applicable requirements set out in sections 100 to 102 must be met when an application for a work permit or temporary resident visa is made, when the permit or visa is issued and when the foreign national becomes a permanent resident.
	DIVISION 4
	PERMIT HOLDERS
Period of permit's validity	104. A temporary resident permit is valid until any one of the following events occurs: (a) the permit is cancelled by an officer under subsection 24(1) of the Act; (b) the permit holder leaves Canada without obtaining prior authorization to re-enter Canada; or (c) a period of three years elapses from its date of validity.
	DIVISION 5
	PERMIT HOLDERS CLASS
Permit holders class	105. The permit holders class is hereby prescribed as a class of persons who may become permanent residents on the basis of the requirements of this Division.
Member of class	106. A foreign national is a permit holder and a member of the permit holder class if they (a) have been issued a temporary resident permit under subsection 24(1) of the Act; (b) have continuously resided as a permit holder in Canada for a period (i) of at least three years, if they are inadmissible on health grounds under section 38 of the Act, or (ii) of at least five years, if they are inadmissible on any other grounds under the Act other than under sections 34 and 35 and subsections 36(1) and 37(1) of the Act; and (c) have not become inadmissible on any ground since the permit is issued.
	DIVISION 6
	HUMANITARIAN AND COMPASSIONATE CONSIDERATIONS
Request	107. A request made by a foreign national under subsection 25(1) of the Act must be made as an application in writing and be accompanied by an application to remain in Canada as a permanent resident, or in the case of a foreign national outside Canada, as an application for a permanent resident visa.
Applicant outside Canada	108. If the Minister grants an exemption from paragraphs 13(1)(a), (c) and (d) with respect to a foreign national outside Canada who has made the applications referred to in section 107, an officer shall issue a permanent resident visa to the foreign national if, following an examination, in addition to meeting the requirement set out in paragraph 13(1)(b), it is established, that (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 the province is of the opinion that the foreign national meets the selection criteria of the Province; (b) adequate arrangements for the care and support of the foreign national, other than arrangements that involve social assistance, have been made; and (c) the foreign national is not inadmissible.
Conditions	109. If the Minister's decision under subsection 25(1) of the Act is based on the fact that the foreign national's fiancé or fiancée or intended common-law partner is a Canadian citizen or permanent resident residing in Canada, and a permanent resident visa is issued under section 108, an officer shall impose the following conditions on the foreign national: (a) in the case of a foreign national with a fiancé or fiancée, to marry that fiancé or fiancée within 90 days after entering Canada and demonstrate to an officer within 180 days after entering Canada that they have married the fiancé or fiancée; and (b) in the case of a foreign national with an intended common-law partner, to cohabit in a conjugal relationship with that intended common-law partner on entering Canada and, within 15 months, demonstrate to an officer that they and the intended common-law partner meet the definition "common-law partner" in subsection 1(1).
Applicant in Canada	110. If the Minister grants an exemption from paragraphs 17(1)(a), (c) and (d) with respect to a foreign national in Canada who has made the applications referred to in section 107, the foreign national becomes a permanent resident if, following an examination, it is established that the foreign national meets the requirements of paragraphs 17(1)(b) and (e) and (a) in the case of a foreign national who intends to reside in the Province of Quebec, is not a member of the family class and is not a person whom the Board has determined to be a Convention refugee, the competent authority of the province is of the opinion that the foreign national meets the selection criteria of the Province; (b) adequate arrangements for the care and support of the foreign national, other than arrangements that involve social assistance, have been made; and (c) the foreign national is not inadmissible.
Conditions	111. If the Minister's decision under subsection 25(1) of the Act is based on the fact that the foreign national's fiancé or fiancée or intended common-law partner is a Canadian citizen or permanent resident residing in Canada, and the foreign national becomes a permanent resident under section 110, an officer shall impose the following conditions on the foreign national: (a) in the case of a foreign national with a fiancé or fiancée, to marry that fiancé or fiancée with 90 days after becoming a permanent resident and demonstrate to an officer within 180 days of becoming a permanent resident that they have married the fiancé or fiancée; (b) in the case of a foreign national with an intended common-law partner, to cohabit in a conjugal relationship with that intended common-law partner from the day on which the foreign national becomes a permanent resident and, within 15 months, demonstrate to an officer that they and the intended common-law partner meet the definition "common-law partner" in subsection 1(1).
Dependant child	112. A foreign national who is a dependant child of a foreign national who is issued a permanent resident visa under section 108, or becomes a permanent resident under section 110, 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 the dependant child is not inadmissible.
	PART 6
	FAMILY CLASSES
	DIVISION 1
	FAMILY CLASS
Family class	113. 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.
Member	114. (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 or common-law 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) a person described in subparagraph (b)(i), (ii) or (iii) of the definition "dependent child" in section 2 who was adopted before the age of 18 by the sponsor by way of a simple adoption, if (i) the person is not permitted to be adopted by means of a full adoption in their country of residence,
	(ii) the competent authority of the province of the person's intended destination has stated in writing that it agrees to convert the simple adoption into a full adoption once the person is in Canada, and (iii) before the adoption the person's parents gave their genuine and informed consent to the full adoption, (f) a person who is a person described in subparagraph (b)(i), (ii) or (iii) of the definition "dependent child" in section 2 and in respect of whom the sponsor became the guardian while the person was under the age of 18, if (i) the person's parents are deceased or the person has been declared, by a competent authority in the country where the person resides, to be abandoned, (ii) the person is not permitted to be adopted in their country of residence either by way of a full or simple adoption, (iii) the competent authority of the country where the person resides has in writing authorized the person to leave the country in the company of the sponsor or their authorized representative, and (iv) the competent authority of the province of the person's intended destination has issued a written statement confirming that it does not oppose the guardianship and that the guardianship will be recognized for the purposes of provincial law; (g) 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; (h) a person under 18 years of age whom the sponsor intends to adopt in Canada if (i) the adoption is not primarily for the purpose of obtaining permanent residence in Canada, (ii) the person has been placed for adoption in their country of residence and there is no evidence that the placement was for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption, and (iii) the competent authority of the province of the person's intended destination has stated in writing that it does not object to the adoption; and (i) a relative of the sponsor, regardless of age, if the sponsor does not have a spouse or common-law partner, child, mother or father, child of that mother or father, mother or father of that mother or father, child of the mother or father of that mother or father, or child of 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.
Full adoption	(2) A foreign national who is the adopted child of a sponsor by way of a full adoption shall not be considered a member of the family class by virtue of that adoption unless the adoption was in the best interests of the child, within the meaning of the Hague Convention on Adoption, and 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 place of residence of the adopting parents and the competent authority of the province of intended destination of the child has stated in writing that it does not object to the adoption and that the adoption conforms to the Hague Convention with regard to child trafficking and undue gain; (f) if the adoption is an international adoption and the child comes from a country that is a party to the Hague Convention on Adoption, the competent authority of the country has approved the adoption in writing as conforming to that Convention with regard to child trafficking and undue gain; and (g) if the adoption is an international adoption and the child comes from a country that is not a party to the Hague Convention on Adoption, the adoption conforms to the spirit and the purpose of that Convention with regard to child trafficking and undue gain.
Simple adoption	(3) A foreign national who is the adopted child of a sponsor by way of a simple adoption shall not be considered a member of the family class by virtue of their adoption unless the adoption is in the best interests of the child, within the meaning of the Hague Convention on Adoption, and 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 place of residence of the adopting parents and the competent authority of the province of intended destination of the child has stated in writing that it does not object to the adoption and that the adoption conforms to the Hague Convention with regard to child trafficking and undue gain; (f) if the adoption is an international adoption and the person comes from a country that is a party to the Hague Convention on Adoption, the competent authority of the country has approved the adoption in writing as conforming to that Convention with regard to child trafficking and undue gain; and (g) if the adoption is an international adoption and the person comes from a country that is not a party to the Hague Convention on Adoption, the adoption conforms to the spirit and the purpose of that Convention with regard to child trafficking and undue gain.
Guardianship	(4) A foreign national shall not be considered a member of the family class by virtue of their guardianship by the sponsor unless the guardianship is in the best interests of the child, as the subject of the guardianship, within the meaning of the Hague Convention on Adoption and took place under the following circumstances: (a) a competent authority has conducted or approved a home study of the sponsor; (b) the guardianship was not primarily for the purpose of obtaining permanent resident status in Canada; (c) the guardianship was in accordance with the laws of the place where the child resides; and (d) there is no evidence that the guardianship was for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption.
Excluded relationships	(5) No foreign national may be considered a member of the family class by virtue of their relationship to the sponsor if the foreign national is (a) the sponsor's spouse or common-law partner and is under the age of 16 years; (b) the sponsor's spouse or common-law partner, if the sponsor has an existing sponsorship undertaking in respect of a spouse or common-law partner and the period referred to in paragraph 129(1)(a) in respect of that undertaking has not ended; (c) the sponsor's spouse and if (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 spouse for at least one year and has established a relationship with a common-law partner; or (d) the child or the spouse or common-law partner of the sponsor and is in the situation described in section 228.
Medical condition	115. A permanent resident visa shall not be issued to a foreign national who is a dependant child adopted by way of a full adoption or a person referred to in paragraph 114(1)(e) or (f) as a member of the family class unless the adoptive parents or the guardian of the child, as the case may be, have obtained complete information with respect to the child's medical condition from a reliable source.
Withdrawal of sponsorship application	116. 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.
Approved sponsorship application	117. For the purposes of Part 3, (a) a permanent resident visa shall not be issued to a foreign national who makes an application as a member of the family class unless a sponsorship undertaking in respect of the foreign national is in effect; and (b) a foreign national who makes an application as a member of the family class shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national is in effect.
Requirements	118. The requirements with respect to a person who is a dependant of a member of the family class who makes an application under Division 1 of Part 3 are the following: (a) the person is a dependant of the applicant; and (b) at the time it is made, the application includes a request for a permanent resident visa for that person.
Requirements for dependants	119. A foreign national who is a dependant 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 dependant is not inadmissible.
	DIVISION 2
	SPOUSE OR COMMON-LAW PARTNER IN CANADA CLASS
Class	120. 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.
Member	121. 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 in Canada with that sponsor; (b) have temporary resident status in Canada; and (c) are the subject of a sponsorship application.
Withdrawal of sponsorship application	122. A decision shall not be made on an application 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.
Approved sponsorship application	123. For the purposes of Part 3, a foreign national who makes an application as a member of the spouse or common-law partner in Canada class shall not become a permanent resident unless a sponsorship undertaking in respect of the foreign national is in effect.
Requirement	124. The requirements with respect to a person who is a dependant of a member of the spouse or common-law partner in Canada class who makes an application under Division 3 of Part 3 are the following: (a) the person is a dependant of the applicant; and (b) at the time it is made, the application includes a request for the dependant to remain in Canada as a permanent resident.
Requirements for dependants	125. A foreign national who is a dependant 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 has become a permanent resident; and (b) the dependant is not inadmissible.
	DIVISION 3
	SPONSORS
Definitions	126. The definitions in this section apply in this Division.
"minimum necessary income" « revenu vital minimum »	"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 of the following: (a) a sponsor and their dependants; (b) the sponsored foreign national, and their dependants, whether they are accompanying the foreign national or not; and (c) every other person, and their dependants, (i) in respect of whom the sponsor has given or co-signed a sponsorship 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 a sponsorship undertaking that is still in effect, if the sponsor's spouse or common-law partner has co-signed a sponsorship undertaking with the person.
"social assistance" « assistance sociale »	"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.
Sponsor	127. A sponsor, for the purpose of sponsoring a foreign national's application for a permanent resident visa as a member of the family class or application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of Act, must be a Canadian citizen or permanent resident who (a) is at least 18 years of age; (b) resides in Canada; and (d) has filed a sponsorship application in accordance with section 128.
Sponsorship application	128. (1) A sponsorship application shall (a) be made using the form provided by the Department; (b) be signed by the applicant; (c) include all information and documents required by these Regulations; (d) be accompanied by evidence of payment of the applicable fee, if any, set out in these Regulations; and (e) include the applicant's signed sponsorship undertaking.
Multiple applications	(2) No sponsorship application may be made in respect of a person if there is an outstanding sponsorship application in respect of that person and a decision has not been made in respect of the outstanding application.
Invalid sponsorship application	(3) 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.
Undertaking	129. (1) Subject to subsection (3), the sponsor's undertaking obliges the sponsor to reimburse Her Majesty in right of Canada or a province every benefit provided as social assistance to or on behalf of the sponsored foreign national and their dependants during the period beginning on the day on which the foreign national enters Canada and ending on (a) if the foreign national is the sponsor's spouse or common-law partner, the last day of a 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 of less than 12 years of age at the time the foreign national becomes a permanent resident, the day on which that the foreign national reaches the age of 22; and (c) in any other case, the last day of a period of 10 years following the day on which the foreign national becomes a permanent resident.
Agreement	(2) If the person to be sponsored is a member of the family class or of the spouse or common-law partner in Canada class and is at least 22 years of age, or is less than 22 years of age and is the sponsor's spouse or common-law partner, the sponsor and the person must, before the undertaking referred to in subsection (1), enter into a written agreement that includes (a) a statement by the sponsor that they will provide for the basic requirements of the person and their accompanying dependants during the applicable period referred to in subsection (1); (b) a declaration by the sponsor 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 essential needs as well as those of their accompanying dependants.
Co-signature	(3) The sponsor's undertaking may be co-signed by a person who is the spouse or common-law partner of the sponsor and meets the requirements for sponsorship set out in subsection 130(1), except paragraph 130(1)(a), and, in that case, (a) the sponsor's income shall be calculated in accordance with paragraph 131(b) or (c); 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.
Sponsorship criteria	130. (1) A sponsorship application shall only be approved by an officer if, on the day the application was made as well as on the day a decision is made with respect to the application, there is evidence that the sponsor (a) is a sponsor as described in section 127; (b) is habitually present in Canada and intends to fulfil the obligations in the sponsorship undertaking; (c) is not the subject of a report prepared under subsection 44(1) of the Act; (d) is not subject to a removal order; (e) is not detained in any penitentiary, jail, reformatory or prison; (f) in the five years preceding the sponsorship application, has not been convicted of a sexual offence or an offence against the person under the Criminal Code in relation to a dependant of the sponsor; (g) in the five years preceding the sponsorship application, has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph (f); (h) is not in default of (i) any sponsorship undertaking, or (ii) any support payment obligations ordered by a Canadian court; (i) does not owe any debt referred to in subsection 145(1) of the Act payable to Her Majesty in right of Canada; (j) is not an undischarged bankrupt under the Bankruptcy and Insolvency Act; (k) has an income that is at least equal to the sponsor's minimum necessary income; and (l) is not in receipt of social assistance for a reason other than disability.
Exception if pardoned	(2) For the purpose of paragraph (1)(f), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.
Exception if rehabilitated	(3) For the purpose of paragraph (1)(g), a sponsorship application may not be refused on the basis of a conviction in respect of which the sponsor has demonstrated, five years or more after the expiry of the sentence imposed in relation to that conviction, that they have been rehabilitated, or in respect of which there has been a final determination of an acquittal.
Exception to minimum necessary income	(4) Paragraph (1)(k) does not apply if the sponsor is sponsoring only one or more or the following persons: (a) their spouse or common-law partner, unless they have a dependent child who is a spouse or common-law partner or has dependent children; and (b) a child of the sponsor or of their spouse or common-law partner, if the child is less than 22 years of age, is not a spouse or common-law partner and has no dependent children.
Adopted sponsor	(5) A person who is adopted outside Canada and whose adoption is subsequently revoked by a foreign authority or by a court in Canada of competent jurisdiction may sponsor an application for a permanent resident visa that is made by a member of the family class only if the revocation of the adoption was not obtained for the purpose of sponsoring that application.
Income calculation rules	131. For the purpose of paragraph 130(1)(k), the income of the sponsor shall be determined in accordance with the following rules: (a) the sponsor's income shall be calculated on the basis of (i) the last notice of assessment, or an equivalent document, issued by the Minister of National Revenue before the date of the application in respect of the most recent taxation year, and (ii) a certificate delivered by the Minister of Human Resources Development setting out the amount of special benefits paid under the Employment Insurance Act during the taxation year in respect of which the notice of assessment referred to in subparagraph (i) applies; (b) if the sponsor produces the documents referred to in paragraph (a), the sponsor's income is the income earned as reported in the notice of assessment referred to in subparagraph (a)(i) less the amounts referred to in subparagraphs (c)(i) to (v); (c) if the sponsor does not produce the documents referred to in paragraph (a), or if the sponsor's income as calculated under paragraph (b) is less than their minimum necessary income, the sponsor's income for the 12 month period preceding the application is the income earned by the sponsor, including all employment, business, and investment income, but not including (i) any provincial allowance received by the sponsor for a program of instruction or training, (ii) any social assistance paid by a province to the sponsor, (iii) any Canada child tax benefit paid to the sponsor under the Income Tax Act, (iv) any monthly guaranteed income supplement paid to the sponsor under the Old Age Security Act, and (v) any amounts paid to the sponsor under the Employment Insurance Act, other than special benefits; and (d) if there is a co-signer, the income of the co-signer, as calculated in accordance with paragraphs (a) to (c), shall be included in the calculation of the sponsor's income.
Default	132. For the purpose of subparagraph 130(1)(h)(i), the default of a sponsorship undertaking (a) begins when (i) a government makes a payment that the sponsor has promised in the undertaking to repay, or (ii) an obligation set out in the undertaking is breached; and (b) ends, as the case may be, when (i) the sponsor reimburses the government concerned, in full or in accordance with an agreement with that government, for amounts paid by it, or (ii) the sponsor ceases to be in breach of the obligation set out in the undertaking.
Suspension	133. If any of the following proceedings are brought against a sponsor or co-signer, the sponsorship application shall not be processed until the proceeding has been subject to a final determination: (a) an application for revocation of citizenship under the Citizenship Act; (b) a report on inadmissibility prepared under subsection 76(1) of the Act; and (c) a charge alleging the commission of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
Undertaking — Province of Quebec	134. In the case of a sponsor who resides in the Province of Quebec, the government of which has entered into an agreement with the Minister under subsection 8(1) of the Act that enables that Province to determine and apply financial criteria with respect to sponsorship and the administration of sponsorship undertakings, (a) the sponsor's undertaking shall be the undertaking required under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time; (b) the officer shall approve their sponsorship application only if there is evidence that the competent authority of the Province has determined that the sponsor, on the day the undertaking was given as well as on the day a decision is made with respect to the application, will be able to fulfil the undertaking; and (c) subsections 129(2) and (3) and paragraphs 130(1)(h), (j) and (k) do not apply.
	PART 7
	REFUGEE CLASSES
	DIVISION 1
	CONVENTION REFUGEES ABROAD AND HUMANITARIAN-PROTECTED PERSONS ABROAD
	Definitions
Definitions	135. The definitions in this section apply in this Division and in Division 2.
"group" « groupe »	"group" means (a) five or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, who are acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances; or (b) one or more Canadian citizens or permanent residents, each of whom is at least 18 years of age, and a corporation or unincorporated organization or association referred to in subsection 13(2) of the Act, acting together for the purpose of sponsoring a Convention refugee or a person in similar circumstances.
"referral organization" « organisation de recommandation »	"referral organization" means (a) the United Nations High Commissioner for Refugees; or (b) any organization with which the Minister has entered into a memorandum of understanding under section 140.
"sponsor" « répondant »	"sponsor" means a group, a corporation or an unincorporated organization or association referred to in subsection 13(2) of the Act, or any combination of them, that is acting for the purpose of sponsoring a Convention refugee or a person in similar circumstances.
"undertaking" « engagement »	"undertaking" means an undertaking in writing to the Minister to provide resettlement assistance, lodging and other basic necessities in Canada for a member of a class prescribed by this Division, the member's accompanying family members and any of the member's non-accompanying family members who meet the requirements of section 138, for the period determined in accordance with subsections 151(2) and (3).
"urgent need of protection" « besoin urgent de protection »	"urgent need of protection" means, in respect of a member of the Convention refugee abroad, the country of asylum or the source country class, that their life, liberty or physical safety is under immediate threat and, if not protected, the person is likely to be (a) killed; (b) subjected to violence, torture, sexual assault or arbitrary imprisonment; or (c) returned to their country of nationality or of their former habitual residence.
"vulnerable" « vulnérable »	"vulnerable" means, in respect of a Convention refugee or a person in similar circumstances, that the person has a greater need of protection than other applicants for protection abroad because of the person's particular circumstances that give rise to a heightened risk to their physical safety.
	General
General requirements	136. (1) An officer shall issue a permanent resident visa to a foreign national in need of refugee protection, and their accompanying family members, if, following an examination, it is established that (a) the foreign national is outside Canada; (b) the foreign national has submitted an application in accordance with section 147; (c) the foreign national is seeking to come to Canada to establish permanent residence; (d) the foreign national is a person in respect of whom there is no reasonable prospect, within a reasonable period, of a durable solution in a country other than Canada, namely (i) voluntary repatriation or resettlement in their country of nationality or habitual residence, or (ii) resettlement or an offer of resettlement in another country; (e) the foreign national is a member of one of the classes prescribed by this Division; (f) either
	(i) the sponsor's sponsorship application of the foreign national and their accompanying family members has been approved under section 151, (ii) in the case of a member of the Convention refugee abroad or source country class, the financial assistance of the Government of Canada, in the form of funds from a resettlement assistance program, is available in Canada for the foreign national and their accompanying family members, or (iii) the foreign national has sufficient financial resources to provide for the lodging, care and maintenance, and for the resettlement in Canada, of themself and their accompanying family members; (g) if the foreign national intends to reside in a province other than Quebec, they and their accompanying family members will be able to become economically established in Canada taking into account the following factors, namely, (i) their resourcefulness and other similar qualities that assist in integration in a new society, (ii) the presence of their relatives, their spouse's or common-law partner's relatives or their sponsor in the expected community of resettlement, (iii) their potential for employment in Canada, given their education, work experience and skills, and (iv) their ability to learn to communicate in one of the official languages; (h) if the foreign national intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national and their accompanying family members meet the selection criteria of that Province; and (i) subject to subsection (3), the foreign national and their accompanying family members are not inadmissible.
Exception	(2) Paragraph (1)(g) does not apply to a foreign national, or their accompanying family members, who has been determined by an officer to be vulnerable or in urgent need of protection.
Financial inadmissibility— exemption	(3) A foreign national who is a member of a class prescribed by this Division, and meets the applicable requirements of this Division, is exempted from the application of section 39 of the Act.
Class of family members	137. Family members of an applicant who is determined to be a member of a class under this Division are members of the applicant's class.
Non-accompanying family member	138. (1) An officer shall issue a permanent resident visa to a family member who does not accompany the applicant if, following an examination, it is established that (a) the family member was included in the permanent resident visa application of the applicant at the time that application was made, or was added to that application before the departure of the applicant for Canada; (b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant; (c) the family member is not inadmissible; (d) the applicant's sponsor under subparagraph 136(1)(f)(i) has been notified of the family member's application and an officer is satisfied that there are adequate financial arrangements for resettlement; and (e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of the province is of the opinion that the foreign national meets the selection criteria of the Province.
Non-application of subsection 147(1)	(2) For greater certainty, subsection 147(1) does not apply to the application of a non-accompanying family member.
Family members	139. For the purposes of this Division, to be considered a family member of an applicant, a person shall be a family member of the applicant (a) at the time of the application referred to in subsection 147(1); and (b) at the time of the determination of the application referred to in paragraph 138(1)(b), without taking account whether they have attained the age of 22 years.
Memorandum of understanding	140. (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates (a) a working knowledge of the provisions of the Act relating to protection criteria; and (b) an ability abroad to locate and identify Convention refugees and persons in similar circumstances.
Content of memorandum of understanding	(2) The memorandum of understanding shall include provisions with respect to (a) the geographic area to be served by the referral organization; (b) the number of referrals that may be made by the referral organization and the manner of referral; (c) the training of members or employees of the referral organization; and (d) the grounds for suspending or cancelling of the memorandum of understanding.
	Convention Refugees Abroad
Convention refugees abroad class	141. The Convention refugees abroad class is hereby prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.
Member of Convention refugee abroad class	142. A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.
	Humanitarian-protected Persons Abroad
Humanitarian-protected persons abroad	143. (1) For the purposes of subsection 12(3) of the Act, a person in similar circumstances to a Convention refugee is a member of one of the following humanitarian-protected persons abroad classes: (a) the country of asylum class; or (b) the source country class.
Classes	(2) The country of asylum class and the source country class are hereby prescribed as classes of persons who may be issued permanent resident visas on the basis of the requirements of this Division.
Member of asylum class	144. A foreign national is a member of the country of asylum class if they are in need of resettlement because (a) they are outside all of their countries of nationality and habitual residence; and (b) they have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries.
Member of source country class	145. (1) A foreign national is a member of the source country class if they are in need of resettlement because (a) they are residing in their country of nationality or habitual residence and that country is a source country within the meaning of subsection (2); and (b) they (i) are being seriously and personally affected by civil war or armed conflict in that country, (ii) have been or are being detained or imprisoned with or without charges, or subjected to some other form of penal control, as a direct result of an act committed outside Canada that would, in Canada, be a legitimate expression of freedom of thought or a legitimate exercise of civil rights pertaining to dissent or trade union activity, or (iii) by reason of a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group, are unable or, by reason of such fear, unwilling to avail themself of the protection of any of their countries of nationality or habitual residence.
Source country	(2) A source country is a country (a) where persons are in refugee-like situations as a result of civil war or armed conflict or because their fundamental human rights are not respected; (b) where an officer works or makes routine working visits and is able to process visa applications without endangering their own safety, the safety of applicants or the safety of Canadian embassy staff; (c) where circumstances warrant humanitarian intervention by the Department in order to implement the overall humanitarian strategies of the Government of Canada, such intervention being in keeping with the work of the United Nations High Commissioner for Refugees; and (d) that is set out in Schedule 2.
Minister's consultations on Schedule 2	146. The Minister may, for the purpose of advising the Governor in Council of circumstances in a country that may justify amending Schedule 2, consult with the Department of Foreign Affairs and International Trade, the United Nations High Commissioner for Refugees, the provinces and non-governmental organizations with substantial knowledge of the country in question.
Application	147. (1) A permanent resident visa application submitted by a foreign national under this Division must be accompanied by (a) a referral from a referral organization; or (b) an undertaking.
Exception	(2) A foreign national residing in a geographic area that has been determined by the Minister to be a geographic area described in subsection (3) may submit a permanent resident visa application without a referral or an undertaking.
Minister's determination	(3) The Minister may, on the basis of the following factors, determine that circumstances in a geographic area justify the submission of visa applications not accompanied by a referral or an undertaking: (a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 140 that they are unable to make the number of referrals specified in their memorandum of understanding; (b) the inability of referral organizations to refer persons in the area; and (c) the resettlement needs in the area, after consultation with referral organizations.
Travel document	148. An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who (a) holds a permanent resident visa or a temporary resident permit; (b) does not hold a valid passport or travel document issued by their country of nationality or the country of their present or former habitual residence; (c) does not hold a valid travel document issued by the United Nations or the International Committee of the Red Cross and is unable to obtain such a document within a reasonable time; and (d) would be unable to travel to Canada if the travel document were not issued.
	DIVISION 2
	SPONSORSHIP
Sponsorship agreements	149. (1) The Minister may enter into a sponsorship agreement with a sponsor for the purpose of facilitating the processing of sponsorship applications.
Contents of agreement	(2) A sponsorship agreement shall include provisions relating to (a) settlement plans; (b) financial requirements; (c) assistance to be provided by the Department; (d) the standard of conduct expected of the sponsor; (e) reporting requirements; and (f) the grounds for suspending or cancelling of the agreement.
Sponsorship requirements	150. (1) In order to sponsor a foreign national and their family members who are members of a class prescribed by Division 1, a sponsor (a) must reside or have representatives in the expected community of settlement; (b) must make an application to the Minister that includes a settlement plan and an undertaking; and (c) must not include an individual, a corporation or an unincorporated organization or association that was party to a sponsorship in which there was a default on an undertaking.
Undertaking	(2) The undertaking referred to in paragraph (1)(b) shall be signed by each party to the sponsorship.
Joint and several or solidarily liable	(3) All parties to the undertaking are jointly and severally or solidarily liable.
Approval of application	151. (1) An officer shall approve an application referred to in paragraph 150(1)(b) if, on the basis of the documentation submitted with the application, the officer determines that (a) the sponsor has the financial resources to fulfil the settlement plan for the duration of the undertaking, unless subsection 154(1) applies; and (b) the sponsor has made adequate arrangements in anticipation of the arrival of the foreign national and their family members in the expected community of settlement.
Duration of sponsor's undertaking	(2) Subject to subsection (3), the duration of an undertaking is a period of one year.
Officer's determination	(3) An officer may, on the basis of the assessment made under paragraph 136(1)(g), require that the duration of the undertaking be a period of more than one year but not exceeding three years.
Revoking approval	152. An officer shall revoke an approval given in respect of an application under section 151 if the officer determines that the sponsor no longer meets the requirements of paragraph 151(1)(a) or (b).
Ineligibility to sponsor	153. (1) The following persons are ineligible to be party to a sponsorship: (a) a person who has been convicted in Canada of the offence of murder or an offence set out in Schedule I or II to the Corrections and Conditional Release Act, regardless of whether it was prosecuted by indictment, if a period of five years has not elapsed since the completion of the person's sentence imposed under the Criminal Code; (b) a person who has been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence referred to in paragraph (a), if a period of five years has not elapsed since the completion of the person's sentence imposed under a foreign law; (c) a person who is in default of any support payment obligations ordered by a Canadian court; (d) a person who is subject to a removal order; (e) a person who is subject to a revocation proceeding under the Citizenship Act; and (f) a person who is detained in any penitentiary, jail, reformatory or prison.
Exception if pardoned	(2) For the purpose of paragraph (1)(a), a sponsorship application may not be refused on the basis of a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal.
Joint assistance sponsorship	154. (1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make available the financial assistance of the Government of Canada for the purpose of sponsorship.
Definition of "special needs"	(2) In this section, "special needs" means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including (a) a large number of family members; (b) trauma resulting from violence or torture; (c) medical disabilities; and (d) the effects of systemic discrimination.
Settlement in the Province of Quebec	155. If the foreign national and their family members intend to reside in the Province of Quebec, the sponsor must meet the requirements for sponsorship that are provided by regulations made under An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time, and the requirements if this Division, other than section 153, do not apply.
	DIVISION 3
	PRE-REMOVAL RISK ASSESSMENT
Application for protection	156. (1) Subject to subsections (4) and (5), and for the purposes of subsection 112(1) of the Act, a person may, on notification by the Department, apply to the Minister for protection.
Notification	(2) The notification shall be given (a) in the case of a person, other than a person referred to in subsections (4) and (5), who is subject to a removal order that is in force, before removal from Canada; and (b) in the case of a person named in a certificate described in subsection 77(1) of the Act, on the provision of a summary under paragraph 78(h) of the Act.
When notification is given	(3) Notification is given (a) when the person is given the application form by hand; or (b) if sent by mail, seven days after the day on which the application form was sent to the person at the last address provided by them to the Department.
Subsequent applications	(4) A person who has remained in Canada after the notification is given may apply to the Minister for protection after a period of 15 days has elapsed after the day on which notification is given, but any submissions must accompany the application that is made without the notification.
Inadmissibility at entry	(5) On entry to Canada, a foreign national against whom a removal order is made at a port of entry as a result of a determination of inadmissibility may, if the order is in force, apply to the Minister for protection without notification on the making of the removal order. Their submissions must accompany the application.
Stay of removal	157. In order for an applicant's removal order to be stayed under section 238, an application for protection must be received by the Department within 15 days after the notification is given.
Submissions	158. (1) An applicant for protection may make written submissions in support of their application and for that purpose may be assisted, at their own expense, by a barrister or solicitor or other counsel.
Decision	(2) The Minister shall not make a decision on an application for protection received within the period referred to in section 157 until 15 days after the end of that period.
Hearing — prescribed factors	159. For the purposes of determining whether a hearing is required under paragraph 113(b) of the Act, the factors are the following: (a) the existence of evidence that raises a serious issue of the applicant's credibility and is related to the factors set out in sections 96 to 98 of the Act or, in the case of an applicant described in subsection 112(3) of the Act, section 97 of the Act; (b) whether the evidence is central to the decision with respect to the application for protection; and (c) whether the evidence, if accepted, would justify allowing the application for protection.
Hearing procedure	160. A hearing is subject to the following provisions: (a) notice shall be provided to the applicant of the time and place of the hearing and the issues of fact that will be raised at the hearing; (b) the hearing is restricted to matters relating to the issues of fact stated in the notice, unless the officer considers that other issues of fact have been raised by statements made by the applicant during the hearing; (c) the applicant shall respond to the questions posed by the officer and may be assisted for that purpose, at their own expense, by a barrister or solicitor or other counsel; and (d) any evidence of a person other than the applicant must be in writing and an officer may question the person for the purpose of verifying the evidence provided.
Abandonment	161. An application for protection is declared abandoned (a) in the case of an applicant who fails to appear at a hearing, if the applicant has been given notice of a subsequent hearing and fails to appear at that hearing; and (b) in the case of an applicant who voluntarily departs from Canada, on the officer being informed that the applicant has departed.
Withdrawal	162. An applicant for protection may withdraw an application at any time by notifying the Minister in writing, and the application is declared to be withdrawn on receipt of the notice.
Effect of abandonment and withdrawal	163. An application for protection is rejected when the Minister decides not to allow the application or when the application is declared withdrawn or abandoned.
Applicant described in subsection 112(3) of the Act	164. (1) Before making a decision to allow or reject an application of an applicant referred to in subsection 112(3) of the Act, the Minister shall consider the assessments referred to in subsection (2) and any written response of the applicant to the assessments that is received within 15 days after the applicant is given the assessments.
Assessments	(2) The following assessments shall be given to the applicant: (a) a written assessment on the basis of the factors set out in section 97 of the Act; and (b) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.
When assessments given	(3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, seven days after the day on which they are sent to the last address that the applicant provided to the Department.
Re-examination of stay — procedure	165. (1) A person in respect of whom a stay of removal, with respect to a country or place, is being re-examined under subsection 114(2) of the Act shall be given (a) a notice of re-examination; (b) a written assessment on the basis of the factors set out in section 97 of the Act; and (c) a written assessment on the basis of the factors set out in subparagraph 113(d)(i) or (ii) of the Act, as the case may be.
Assessments and response	(2) Before making a decision to cancel or maintain the stay of removal, the Minister shall consider the assessments and any written response of the applicant that is received within 15 days after the assessments are given to the applicant.
When assessments given	(3) The assessments are given to an applicant when they are given by hand to the applicant or, if sent by mail, seven days after the day on which they are sent to the last address that the applicant provided to the Department.
Reasons for decision	166. After making a decision to allow or reject an application for protection, the Minister shall, on request, give the applicant a copy of the file notes that record the justification for allowing or rejecting the application.
	DIVISION 4
	DETERMINATION OF ELIGIBILITY OF CLAIM
Working day	167. For the purposes of subsections 100(1) and (3) of the Act, (a) a working day does not include Saturdays and holidays; (b) a day that is not a working day is not included in the calculation of the three-day period; and (c) the three-day period begins from the day on which the claim is received.
	DIVISION 5
	PROTECTED PERSONS — PERMANENT RESIDENCE
Application period	168. (1) For the purposes of subsection 21(2) of the Act, an application to remain in Canada as a permanent resident must be received by the Department within 180 days after a final decision is made by the Board or a decision to allow an application for protection is made by the Minister.
Rights of appeal	(2) An officer shall not be satisfied that an applicant meets the conditions of subsection 21(2) of the Act until all rights of appeal from, and judicial review of, the decisions have been exhausted.
Quebec	(3) For the purposes of subsection 21(2) of the Act, an applicant to remain in Canada as a permanent resident, and the family members included in the application, who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees may become permanent residents only if it is established that the competent authority of the province is of the opinion that they meet the selection criteria of that Province.
Family members	169. (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.
One-year time limit	(2) A family member included in an application to remain in Canada as a permanent resident who is outside Canada at the time the application is made shall be issued a permanent resident visa if (a) the family member makes an application to an officer outside Canada within one year after the day on which the applicant becomes a permanent resident; and (b) the family member is not inadmissible under the grounds referred to in subsection (3).
Inadmissibility	(3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.
Prescribed classes	170. For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents: (a) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident; (b) the class of persons who have been recognized by any country, other than Canada, as a Convention refugee and who, if removed from Canada, would be allowed to return to that country; (c) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and (d) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.
Identity documents	171. (1) An applicant who does not hold a document described in any of paragraphs 48(1)(a) to (h) may submit with their application (a) identity documents issued outside Canada before the entry of the person to Canada; and (b) a statutory declaration made by the applicant attesting to their identity, accompanied by (i) the statutory declaration of a Canadian citizen or permanent resident attesting to the applicant's identity, or (ii) the statutory declaration of an official of an organization representing nationals of the applicant's country of nationality or former habitual residence attesting to the applicant's identity.
Alternative documents	(2) An officer shall accept the documents submitted under subsection (1) in lieu of a document described in any of paragraphs 48(1)(a) to (h) if (a) in the case of an identity document, the identity document (i) is genuine, (ii) identifies the applicant, and (iii) constitutes credible evidence of the applicant's identity; and (b) in the case of a statutory declaration, the declaration (i) is consistent with information previously provided by the applicant to the Department and the Board, and (ii) constitutes credible evidence of the applicant's identity.
	DIVISION 6
	UNDOCUMENTED PROTECTED PERSONS IN CANADA
Undocumented protected persons in Canada class	172. The undocumented protected persons 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.
Member of class	173. (1) A foreign national is an undocumented protected person in Canada, and a member of the undocumented protected persons in Canada class, if (a) they (i) have been determined by the Board to be a Convention refugee or a person in need of protection, or (ii) except in the case of a person described in subsection 112(3) of the Act, have applied to the Minister for protection and the Minister has made a determination to allow that application; (b) all rights of appeal from, and judicial review or, that determination have been exhausted; (c) they have not been the subject of proceedings under sections 108 or 109 or subsection 114(3) of the Act resulting in the loss of refugee protection or nullification of the decision that led to a conferral of refugee protection; (d) they applied under subsection 21(2) of the Act to remain in Canada as a permanent resident; (e) their application was refused on the sole ground that they do not hold a document described in any of paragraphs 48(1)(a) to (h) or a document accepted under section 171; (f) a period of three years has elapsed since the determination referred to in paragraph (a); (g) they have continuously resided in Canada since making the application referred to in paragraph (d); (h) each of their countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, is a country that is in turmoil, that does not have a central authority that can issue identity documents and that is listed in Schedule 3; (i) they have made a solemn declaration in writing attesting to the truthfulness, to the best of their knowledge and belief, of the information contained in the application referred to in paragraph (d) and confirming that their identity and the identities of their family members included in the application corresponds to the identities of the persons described in the information that the foreign national provided to the Minister in their application for protection, or to the Refugee Protection Division under the Refugee Protection Division Rules, or, if the identities do not correspond, identifying and explaining any changes or discrepancies between the application for permanent resident status and that information; (j) they are not inadmissible on any of the grounds referred to in subsection 21(2) of the Act; and (k) they have applied to remain in Canada as a permanent resident as a member of the undocumented protected persons in Canada class.
Cease to have effect	(2) Items 1 and 2 of Schedule 3 cease to have effect on June 28, 2003.
Family members — requirements	174. (1) The requirements applicable to family members of an applicant as a member of the undocumented protected person in Canada class are the following: (a) the family member is a family member of the applicant (i) at the time of the application referred to in paragraph 173(d), and (ii) at the time of the determination of the application referred to in paragraph 173(k), except that a family member who is a child of the applicant and is not a spouse or a common-law partner does not, by sole reason of attaining the age of 22 years, cease to be a family member of the applicant; (b) if the family member is outside Canada when the application referred to in paragraph 173(k) is made, the family member shall submit an application to an officer outside Canada within one year from the day on which the applicant becomes a permanent resident and the family member is issued a permanent resident visa; and (c) the family member is not inadmissible on any of the grounds referred to in subsection 21(2) of the Act.
Included in application	(2) A family member included in an application made under paragraph 173(d) is included in the application made under paragraph 173(k).
Conformity — applicable times	175. The requirements of sections 173 and 174 must be met when an application is made under paragraph 173(k) and when the application is determined.
	PART 8
	TEMPORARY RESIDENTS
	DIVISION 1
	CONDITIONS ON TEMPORARY RESIDENTS
General conditions	176. (1) Subject to section 178, the following conditions are imposed on temporary residents of every class of temporary residents: (a) to leave Canada before the expiry of the period authorized for their stay; (b) to not engage in work, unless authorized by this Part or Part 10; and (c) to not engage in studies, unless authorized by this Part or Part 11.
Authorized period of stay	(2) Subject to subsections (3) to (5), the period authorized for the stay of a temporary resident is six months or any other period that is fixed by an officer on the basis of (a) the temporary resident's means of support in Canada; (b) the period for which the temporary resident applies to stay; and (c) the expiry of the temporary resident's passport or other travel document.
Authorized period begins	(3) The period authorized for the stay of a temporary resident begins on (a) if they are authorized to enter and remain in Canada on a temporary basis, the day on which they first enter Canada after they are so authorized; and (b) in any other case, the day on which they enter Canada.
Authorized period ends	(4) Unless the authorization to enter and remain in Canada on a temporary basis provides for re-entry under subsection 29(2) of the Act, the period authorized for a temporary resident's stay ends on the earlier of the day on which the temporary resident leaves Canada and (a) in the case of a person to whom a work or study permit was issued, the day on which the permit expires; and (b) in the case of a person to whom a temporary resident permit was issued, the earlier of the day on which the permit expires and the day on which it is cancelled.
Extension	(5) If a temporary resident has applied for an extension of the period authorized for their stay, the period authorized for their stay ends when the decision not to extend it is made or the extension ends. Their temporary resident status continues subject to the other conditions imposed on the temporary resident until the decision is made or the extension ends.
Conditions imposed on members of a crew	177. (1) The following conditions are imposed on a foreign national who entered Canada as a member of a crew, within the meaning of section 36, of a means of transportation: (a) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and (b) to leave Canada within 72 hours after they cease to be such a member of a crew.
Conditions imposed on foreign nationals who enter to become members of a crew	(2) The following conditions are imposed on a foreign national who entered Canada to become a member of a crew, within the meaning of section 36, of a means of transportation: (a) to become such a member of a crew within 48 hours after they enter Canada; (b) to join the means of transportation within the period imposed as a condition of entry or, if no period is imposed, within 48 hours after they enter Canada; and (c) to leave Canada within 72 hours after they cease to be such a member of a crew.
Individual conditions	178. An officer may impose, vary or cancel the following conditions individually on a temporary resident: (a) the date of expiry of the period authorized for their stay; (b) the work that they are permitted to engage in, or prohibited from engaging in, in Canada, including (i) the type of work, (ii) the employer, (iii) the location of work, (iv) the times and periods of work, and (v) in the case of a member of a crew of a means of transportation, the period within which they shall join the means of transportation; (c) the studies that they are permitted to engage in, or prohibited from engaging in, in Canada, including (i) the type of studies or course, (ii) the educational institution, (iii) the location of studies, and (iv) the times and periods of the studies; (d) the area within which they are permitted to travel or prohibited from travelling in Canada; and (e) the times and places at which they shall report for (i) medical examination, surveillance or treatment, or (ii) the presentation of evidence of compliance with applicable conditions.
	DIVISION 2
	WORK WITHOUT A PERMIT
No permit required	179. A foreign national may work in Canada, without a work permit, (a) as a business visitor to Canada within the meaning of section 180; (b) 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 in which Canada is a member, or as a member of the suite of such a person; (c) as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, including a person who has been designated as a civilian component of that visiting force; (d) as an officer of a foreign government sent, under an exchange agreement between Canada and one or more countries, to take up duties with a federal or provincial agency; (e) as an employee on the campus of a university or college at which they are a full-time student, for the period for which they hold a study permit to study at that university or college; (f) as a performing artist appearing alone or in a group in an artistic performance — other than a performance that is primarily for a film production or a television or radio broadcast — or as a member of the staff of such a performing artist or group who is integral to the artistic performance, if (i) they are part of a foreign production or group, or are a guest artist in a Canadian production or group, performing a time-limited engagement, and
	(ii) they are not in an employment relationship with the organization or business in Canada that is contracting for their services; (g) as a participant in sports activities or events, in Canada, either as an individual participant or as a member of a foreign-based team or Canadian amateur team; (h) as an employee of a foreign news company for the purpose of reporting on events in Canada; (i) as a guest speaker for the sole purpose of making a speech or delivering a paper at a dinner, graduation, convention or similar function, or as a commercial speaker or seminar leader delivering a seminar that lasts no longer than five days; (j) as a member of the executive of a committee that is organizing a convention or meeting in Canada or as a member of the administrative support staff of such a committee; (k) as a domestic servant who is employed on a full-time basis and who enters or is in Canada for a period of no more than six months for the purpose of performing their regular duties during the employer's stay in Canada; (l) as a person who is responsible for assisting a congregation or group in the achievement of its spiritual goals and whose main duties are to preach doctrine, perform functions related to gatherings of the congregation or group or provide spiritual counselling; (m) as a judge, referee or similar official at an international amateur athletic competition, an international cultural or artistic event or competition or an animal or agricultural competition; (n) as an examiner or evaluator of research proposals, academic projects or programs or university theses; (o) as an expert who conducts surveys or analyses that are to be used as evidence before a federal or provincial regulatory body, a tribunal or a court of law or as an expert witness before such a body, a tribunal or a court of law; (p) as a student in a health field, including as a medical elective or clinical clerk at a medical teaching institution in Canada, for the primary purpose of acquiring training, if they have written approval from the body that regulates that field;
	(q) as a civil aviation inspector of a national aeronautical authority conducting inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights; (r) as an accredited representative or adviser participating in an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act; (s) as a member of the crew, within the meaning of section 36, of a means of transportation that is engaged primarily in international transportation and that is registered in a foreign country or owned by a foreign national; (t) as a provider of emergency services, including medical services, for the protection or preservation of life or property; or (u) until a decision is made on an application made by them under subsection 21(1), if they have remained in Canada after the expiry of their work permit and they have continued to comply with the conditions set out on the expired work permit, other than the expiry date.
Business visitors	180. (1) For the purposes of paragraph 179(a), a business visitor to Canada is a foreign national who is described in subsection (2) or who seeks to engage in international business activities in Canada without directly entering the Canadian labour market.
Specific cases	(2) The following foreign nationals are business visitors: (a) foreign nationals purchasing Canadian goods or services for a foreign business or government, or receiving training or familiarization in respect of such goods or services; (b) foreign nationals receiving or giving training within a Canadian parent or subsidiary of the corporation that employs them outside Canada, if any production of goods or services that results from the training is incidental; and (c) foreign nationals representing a foreign business or government for the purpose of selling goods for that business or government, if the foreign national is not engaged in making sales to the general public in Canada.
Factors	(3) A foreign national seeks to engage in international business activities in Canada without directly entering the Canadian labour market only if (a) they are a representative of a foreign business, a business carrying on activities outside Canada or a foreign government; (b) the primary activities for which they are remunerated are located outside Canada; and (c) their principal place of business and actual place of accrual of profits remain predominately outside Canada.
	DIVISION 3
	STUDY WITHOUT A PERMIT
Dependants and members of the suite of diplomats	181. (1) A foreign national is authorized to study without a study permit if they are a dependant or the member of the suite of a foreign national who is in Canada to carry out 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 in which Canada is a member.
Expired study permits	(2) A foreign national who has made on an application under subsection 24(1) is authorized to study without a study permit until a decision is made on the application if they have remained in Canada after the expiry of their study permit and they have continued to comply with the conditions set out on the expired study permit, other than the expiry date.
Short-term courses	182. (1) A foreign national is authorized to study in Canada without a study permit if the duration of their course or program of studies is six months or less.
Exception	(2) Despite subsection (1), a foreign national may apply before entering Canada for a study permit for a course or program of studies of a duration of six months or less, if the course or program meets at least one of the criteria set out in section 213.
	DIVISION 4
	TEMPORARY RESIDENT VISA EXEMPTIONS
Visa exemption — nationality	183. (1) A foreign national does not require a temporary resident visa if they (a) are a citizen of Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei Darussalam, Costa Rica, Cyprus, Denmark, Finland, France, Federal Republic of Germany, Greece, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Malaysia, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Saudi Arabia, Singapore, Slovenia, Solomon Islands, Spain, Swaziland, Sweden, Switzerland or Western Samoa; (b) are (i) a British citizen, (ii) a British overseas citizen who is re-admissible to the United Kingdom, or (iii) a citizen of a British dependent territory who derives that citizenship through birth, descent, naturalization or registration in one of the British dependent territories of Anguilla, Bermuda, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn Island, Saint Helena or the Turks and Caicos Islands; or (c) are a national of the United States or a person who has been lawfully admitted to the United States for permanent residence.
Visa exemption — documents	(2) A foreign national does not require a temporary resident visa if they (a) hold a passport that contains a diplomatic acceptance, a consular acceptance or an official acceptance issued by the Chief of Protocol for the Department of Foreign Affairs and International Trade on behalf of the Government of Canada and are 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 in which Canada is a member; (b) hold a passport or travel document issued by the Holy See; (c) hold a national Israeli passport; (d) hold a Special Administrative Region passport issued by the Government of the Hong Kong Special Administrative Region of the People's Republic of China; or (e) hold a British National (Overseas) Passport issued by the Government of the United Kingdom to persons born, naturalized or registered in Hong Kong.
Visa exemption — purpose of entry	(3) A foreign national does not require a temporary resident visa if they are seeking to enter and remain in Canada solely (a) subject to an agreement between Canada and one or more foreign countries respecting the obligation to hold such a visa, (i) to work as a member of a crew of a means of transportation bound for Canada or in Canada, or (ii) to transit through Canada after working, or to work, as a member of a crew of a means of transportation, if they possess a ticket for departure from Canada within 24 hours after their arrival in Canada; (b) to transit through Canada as a passenger on a flight stopping in Canada for the sole purpose of refuelling and (i) they are in possession of a visa to enter the United States and their flight is bound for that country, or (ii) they were lawfully admitted to the United States and their flight originated in that country;
	(c) to carry out official duties as a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, unless they have been designated under that Act as a civilian component of that force; (d) to come to Canada from the United States for an interview with a United States consular officer concerning a United States immigrant visa, if they establish that they will be re-admitted to the United States; (e) to re-enter Canada following a visit to only the United States or St. Pierre and Miquelon, if they (i) held a study permit or a work permit that was issued before they left Canada on such a visit or were authorized to enter and remain in Canada as a temporary resident, and (ii) return to Canada before the expiry of the period initially authorized for their entry or any extension to it; (f) to conduct inspections of the flight operation procedures or cabin safety of a commercial air carrier operating international flights, if they are a civil aviation inspector of a national aeronautical authority and possess valid documentation to that effect; or (g) to participate as an accredited representative or as an adviser to an aviation accident or incident investigation conducted under the Canadian Transportation Accident Investigation and Safety Board Act, if they possess valid documentation to that effect.
	PART 9
	VISITORS
Class	184. The visitor class is hereby prescribed as a class of persons who may become temporary residents.
Visitor	185. A foreign national is a visitor and a member of the visitor class if the foreign national has been authorized to enter and remain in Canada as a visitor.
Conditions	186. A visitor is subject to the conditions imposed under Part 8.
	PART 10
	WORKERS
	DIVISION 1
	GENERAL RULES
Class	187. The worker class is hereby prescribed as a class of persons who may become temporary residents.
Worker	188. A foreign national is a worker and a member of the worker class if the foreign national has been authorized to enter and remain in Canada as a worker.
Work permit required	189. A foreign national must not work in Canada unless authorized to do so by a work permit or these Regulations.
Definitions	190. The following definitions apply in these Regulations.
"work" « travail »	"work" means an activity for which wages, commission or other valuable consideration is earned, or that competes directly with activities of Canadian citizens or permanent residents in the Canadian labour market.
"work permit" « permis de travail »	"work permit" means a written authorization to work in Canada issued by an officer to a foreign national.
	DIVISION 2
	APPLICATION FOR WORK PERMIT
Application before entry	191. A foreign national may apply for a work permit at any time before entering Canada. The application must specify the type of work that the foreign national wishes to perform in Canada.
Application on entry	192. (1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 4 of Part 8 from the requirement to obtain a temporary resident visa. The application must specify the type of work that the foreign national wishes to perform in Canada.
Exceptions	(2) A foreign national may not apply for a work permit when entering Canada if (a) they are a member of a class of persons in respect of which a consultation with the Department of Human Resources Development in accordance with Division 4 is required, unless they are a national or permanent resident of the United States or are a resident of Greenland or St. Pierre and Miquelon; (b) they are requested to and must submit to a medical examination under subsection 16(2) of the Act or section 28, they do not hold a medical certificate that indicates that they are not inadmissible on health grounds and that is based on the last medical examination to which they were required to submit within the previous 12 months; or (c) a participant in an international youth employment program, unless they are a national or permanent resident of the United States or an officer outside Canada has approved their application for a work permit.
Application after entry	193. A foreign national may apply for a work permit after entering Canada if they (a) hold a work permit; (b) have been working in Canada under the authority of section 179 for a period of at least three consecutive months, unless they are a business visitor within the meaning of section 180; (c) hold a study permit; (d) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months; (e) made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been finally determined; (f) are a dependant of a person described in any of paragraphs (a) to (e); (g) are in a situation described in section 195 or 196; (h) applied for a work permit outside Canada and their application was approved in writing by an officer, but they were not issued the permit before entering Canada; or (i) are applying as a trader or investor, intra-company transferee or professional, as described in Section B, C or D of Annex 1603 of the Agreement, within the meaning of subsection 2(1) of the North American Free Trade Agreement Implementation Act, and their country of citizenship — being a country party to that Agreement — grants to Canadian citizens who submit a similar application within that country treatment equivalent to that accorded by Canada to citizens of that country who submit an application within Canada, including treatment in respect of an authorization for multiple entries based on a single application.
	DIVISION 3
	ISSUANCE OF WORK PERMITS
Economic effect	194. (1) On application under Division 2 for a work permit, an officer shall issue to a foreign national a work permit to engage in specific work for an employer who has made an offer of employment to the foreign national if the officer determines, on the basis of information provided by the Department of Human Resources Development in accordance with Division 4, that performance of the work by the foreign national is likely to result in a neutral or positive economic effect in Canada.
Province of Quebec	(2) If the foreign national intends to work in the Province of Quebec, the determination referred to in subsection (1) shall be based on information developed in concert by the competent authority of that Province and the Department of Human Resources Development and provided by that Department in accordance with Division 4.
Self-support	195. On application under Division 2 for a work permit, an officer shall issue a work permit to a foreign national if they cannot support themself other than by working and they are subject to an unenforceable removal order.
Applicants in Canada	196. On application under Division 2 for a work permit, an officer shall issue a foreign national a work permit if they (a) are a member of the live-in caregiver class set out in Division 3 of Part 5; (b) are a member of the spouse or common-law partner in Canada class set out in Division 2 of Part 6; (c) are a protected person within the meaning of subsection 95(2) of the Act; (d) have applied to become a permanent resident and the Minister has granted them an exemption under section 25 of the Act; or (e) are a dependant of a person described in any of paragraphs (a) to (d).
International agreements	197. On application under Division 2 for a work permit, an officer shall issue a foreign national a work permit if the work is under (a) an international agreement between Canada and one or more countries, other than an agreement concerning seasonal agricultural workers; (b) an agreement entered into by one or more countries and by or on behalf of one or more provinces; or (c) an agreement entered into by the Minister with a province or group of provinces under subsection 8(1) of the Act.
Canadian interests	198. On application under Division 2 for a work permit, an officer shall issue a foreign national a work permit if the work (a) would create or maintain significant social, cultural or economic benefits or opportunities for Canadian citizens or permanent residents; (b) would create or maintain reciprocal employment of Canadian citizens or permanent residents of Canada in other countries; (c) is designated by the Minister as being work that can be performed by a foreign national on the basis of the following criteria, namely, (i) the work is related to a research, educational or training program, or (ii) limited access to the Canadian labour market is necessary for reasons of public policy relating to the competitiveness of Canada's academic institutions or economy; or (d) is of a religious or charitable nature.
Humanitarian reasons	199. On application under Division 2 for a work permit, an officer shall issue a foreign national a work permit if they cannot otherwise continue residing temporarily in Canada and they (a) hold a study permit and have become temporarily destitute through circumstances beyond their control and beyond the control of any person on whom that person is dependent for the financial support to complete their term of study; or (b) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months;
Labour dispute	200. (1) Despite sections 194 to 198, an officer shall not issue a work permit to a foreign national if the specific work would adversely affect the settlement of any labour dispute in progress or the employment of any person involved in the dispute.
Exceptions	(2) Subsection (1) does not apply if all or almost all of the workers involved in a labour dispute are not Canadian citizens or permanent residents and the hiring of workers to replace the workers involved in the labour dispute is not prohibited by the Canadian law applicable in the province where the workers involved in the labour dispute are employed.
Restriction — live-in caregivers	201. Despite sections 194 to 198, an officer shall not issue a work permit to a foreign national who does not meet the requirements of section 100 to work as a live-in caregiver.
Failure to comply with previous conditions	202. An officer shall not issue a work permit to a foreign national who has engaged in unauthorized study or work in Canada or who has failed to comply with a condition of a previous permit or authorization unless (a) a period of one year has elapsed after they engaged in the unauthorized study or work or failed to comply with a condition; or (b) section 195 applies to them.
Invalidity	203. A work permit becomes invalid when it expires or a removal order is made against the permit holder becomes enforceable.
	DIVISION 4
	ECONOMIC EFFECT DETERMINATION
Determination	204. (1) In determining the economic effect under section 194 of specific work, an officer shall use information provided by the Department of Human Resources Development concerning the economic effect in respect of (a) a single job offer; (b) a group of job offers made by a single employer; or (c) a group of job offers matching a detailed occupational description.
Basis of determination	(2) An economic effect determination shall state whether the performance by a foreign national of the work is likely to produce in Canada (a) a positive or neutral economic effect; or (b) a negative economic effect.
Method of determination	(3) In determining the likely economic effect of the work, the officer shall assess, in examining the information provided by the Department of Human Resources Development, whether the likely positive labour market outcomes, such as economic growth and infrastructure creation, job creation and job retention, skills and knowledge transfer and amelioration of labour shortages, are equal or superior to likely negative labour market outcomes, such as loss of attractive employment opportunities for Canadian citizens and permanent residents or downward pressure on Canadian wages or working conditions.
Exception	(4) The officer shall determine that a foreign national's work would produce a negative economic effect in Canada if (a) the wages and working conditions of the work are insufficient to attract Canadian citizens or permanent residents to, and retain them in, that work; (b) their work would adversely affect the settlement of any labour dispute that is in progress or the employment of any person involved in such a dispute; or (c) the employer has not made reasonable efforts to hire or train Canadian citizens or permanent residents.
Employer's application	205. (1) An employer may apply to the Minister for the economic effect determination in respect of work specified in one or more job offers.
Time limit	(2) A neutral economic effect determination is made when the Minister does not provide the determination referred to in subsection (1) within six months after the application is submitted.
	PART 11
	STUDENTS
	DIVISION 1
	GENERAL RULES
Class	206. The student class is hereby prescribed as class of persons who may become temporary residents in Canada.
Student	207. A foreign national is a student and a member of the student class if the foreign national has been authorized to enter and remain in Canada as a student.
Study permit required	208. A foreign national may not study in Canada unless authorized to do so by a study permit or these Regulations.
Definitions	209. The definitions in this section apply for the purposes of the Act and in these Regulations.
"student" « étudiant »	"student" means a person who is authorized by a study permit or these Regulations to engage in studies in Canada and who is studying or intends to study in Canada.
"studies" « études »	"studies" means studies undertaken at a university or college, or any course of academic, professional or vocational training.
"study permit" « permis d'études »	"study permit" means a written authorization to engage in studies in Canada issued by an officer to a foreign national.
	DIVISION 2
	APPLICATION FOR STUDY PERMIT
Application before entry	210. Subject to sections 211 and 212, a foreign national who wishes to study in Canada shall apply to, and obtain a study permit, from an officer before seeking to enter Canada. The application must specify the educational institution that the foreign national wishes to attend in Canada.
Application upon entry	211. A foreign national may apply for a study permit at the time of entering Canada if they specify the educational institution that they wish to attend in Canada and they are (a) a national or a permanent resident of the United States; (b) a person who has been lawfully admitted to the United States for permanent residence; (c) a resident of Greenland; (d) a resident of St. Pierre and Miquelon; or (e) a foreign national whose study permit has been approved in writing by an officer outside Canada but to whom the permit has not been issued.
Application after entry	212. (1) A foreign national may apply for a study permit after entering Canada if (a) they (i) hold a work permit, (ii) hold a temporary resident permit issued under subsection 24(1) of the Act that is valid for at least six months, (iii) are subject to an unenforceable removal order, (iv) made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been finally determined, or (v) are a foreign national whose application for a study permit was approved in writing by an officer outside Canada, but whose study permit was not issued on entry to Canada; or (b) the studies are merely incidental or secondary to the main purpose of their stay in Canada.
Dependants	(2) A dependant of a foreign national may apply for a study permit after entering Canada if the foreign national is resident in Canada and they (a) hold a study permit; (b) hold a work permit; (c) hold a temporary resident permit issued under section 24 of the Act that is valid for at least six months; (d) are subject to an unenforceable removal order; (e) made a claim for refugee protection that has been referred to the Refugee Protection Division but has not been finally determined; (f) are a member of an armed force that is described in paragraph 179(c); (g) are a foreign representative as described in paragraph 179(d); (h) are a participant in sports activities or events, as described in paragraph 179(g); (i) are an employee of a foreign news company as described in paragraph 179(h); or (j) are a person who is responsible for assisting a congregation or group, as described in paragraph 179(l).
	DIVISION 3
	ISSUANCE OF STUDY PERMITS
Criteria	213. On application under Division 2 for a study permit, an officer shall issue a study permit to a foreign national if any of the following criteria are met: (a) the course or program of studies is offered by (i) a college or university authorized by statute or charter in Canada to confer degrees, (ii) a publicly-funded educational institution, (iii) an institution that is provincially regulated, if the course or program serves to upgrade skills or provide language training, or (iv) any other university, college or other educational institution, if the course or program of studies is an academic, professional or vocational training course or program; (b) the course or program of studies includes at least 20 hours of instruction per week; and (c) the course or program of studies is not the principal purpose of the foreign national's stay in Canada.
	DIVISION 4
	RESTRICTIONS ON STUDYING IN CANADA
Acceptance letter	214. An officer shall not issue a study permit to a foreign national unless they have written documentation from the educational institution at which they intend to study that states they have been accepted to study there.
Financial resources	215. An officer shall not issue a study permit to a foreign national, other than one described in subparagraph 212(1)(a)(ii) or (iii) or paragraph 212(1)(b), unless they have sufficient and available financial resources, without working in Canada, to (a) pay the tuition fees for the course or program of studies that they intend to pursue; (b) maintain themself and any dependants who are accompanying them during their proposed period of study; and (c) pay the costs of transporting themself, and the dependents referred to in paragraph (b), to and from Canada.
Federal-provincial agreements	216. If a foreign national intends to study in a province that has entered into an agreement with the Minister under subsection 8(1) of the Act and the agreement requires the consent of the competent authority of the province, the officer shall not issue a study permit to the foreign national without the written consent of the competent authority.
Failure to comply with conditions	217. Despite Division 2, an officer shall not issue a foreign national a study permit if they have previously engaged in unauthorized study or work in Canada or have failed to comply with the conditions of a previous permit or authorization, unless a period of one year has elapsed after they engaged in the unauthorized study or work or contravened a condition.
	DIVISION 5
	VALIDITY AND EXPIRY OF STUDY PERMITS
Invalidity	218. A study permit becomes invalid when it expires or when a removal order made against the permit holder becomes enforceable.
	PART 12
	INADMISSIBILITY
Application of paragraph 34(1)(c) of the Act	219. For the purpose of determining the inadmissibility of a foreign national or permanent resident 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 decision or determination shall be considered as conclusive findings of fact: (a) a final 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; and (b) a decision whether they have committed a terrorism offence under the Criminal Code.
Application of paragraph 35(1)(a) of the Act	220. For the purpose determining the inadmissibility of a foreign national or permanent resident 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; (b) a determination by the Board, based on the grounds that the foreign national or permanent resident has committed war crimes or crimes against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention; and (c) a decision concerning the foreign national or permanent resident made under the Criminal Code by a Canadian court concerning a war crime or crime against humanity committed outside Canada.
Application of paragraph 35(1)(b)	221. For the purposes of paragraph 35(1)(b) of the Act, a prescribed senior official in the service of a government is a person who, by virtue of the position they hold or held, is or was able to exert a 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 apparatus; (f) ambassadors and senior diplomatic officials; and (g) members of the judiciary.
Prescribed period	222. 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 the 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.
Rehabilitation	223. (1) For the purposes of paragraph 36(3)(c) of the Act, the class of persons deemed to have been rehabilitated is hereby prescribed as a prescribed class.
Members of the class	(2) The following persons are persons deemed to have been rehabilitated and are members of the persons deemed to have been rehabilitated class: (a) persons who have been convicted outside Canada of an offence that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years, or committed an act outside Canada that is an offence in the place where it was committed and that if committed in Canada would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of less than 10 years, if (i) 10 years have lapsed from the completion of the imposed sentence, 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, or (ii) 10 years have lapsed since the commission 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; (b) persons convicted outside Canada of two or more offences, not arising out of a single occurrence, that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament if five years have elapsed since the sentences imposed were served or to be served, provided that 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 (c) persons convicted in Canada under any Act of Parliament of two or more summary conviction offences not arising out of a single occurrence if five years have elapsed since the sentences imposed were served or to be served, provided that the person has not been refused a pardon for the offences and 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.
Transborder crime	224. For the purposes of paragraph 36(2)(d) of the Act, 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; and (e) the Controlled Drugs and Substances Act.
Assessment of inadmissibility on health grounds	225. An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 27 to 32 and who concluded that the foreign national's health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand on health services or social services.
Financial reasons	226. Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.
Misrepresentation	227. 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.
Prescribed circumstances — family members	228. For the purposes of paragraph 42(a) of the Act, in respect of an application for a permanent resident visa the prescribed circumstances are if the foreign national has cohabited with the non-accompanying member for at least the previous year.
	PART 13
	REMOVAL
	DIVISION 1
	REMOVAL ORDERS
Types of removal order	229. There are three types of removal orders, namely, departure orders, exclusion orders and deportation orders.
Departure order	230. (1) For the purposes of subsection 52(1) of the Act, an enforced departure order against a foreign national is prescribed as a circumstance that does not oblige the foreign national to obtain the authorization of an officer in order to return to Canada.
Requirement	(2) A foreign national who is issued a departure order must meet the requirements set out in paragraphs 247(1)(a) to (c) within 30 days after the order becomes enforceable, failing which the departure order becomes a deportation order.
Exception — stay of removal and detention	(3) If the foreign national is detained within the 30-day period or the removal order against them is stayed, the 30-day period is suspended until the foreign national's release or the removal order becomes enforceable.
Exclusion order	231. (1) For the purposes of subsection 52(1) of the Act, and subject to subsections (3) and (4), an exclusion order obliges the foreign national to obtain the written authorization of an officer in order to return to Canada within one year after the exclusion order has been enforced.
Prescribed circumstance	(2) For the purposes of subsection 52(1) of the Act, the expiry of a one-year period following the enforcement of an exclusion order, or a two-year period if subsection (3) applies, is a prescribed circumstance that does not oblige the foreign national to obtain the authorization of an officer in order to return to Canada.
Misrepresentation	(3) A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the Act must obtain the written authorization of an officer in order to return to Canada within the two-year period after the exclusion order has been enforced.
Application of paragraph 42(b) of the Act	(4) For the purposes of subsection 52(1) of the Act, the making of an exclusion order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is prescribed as a circumstance that does not oblige the foreign national to obtain the authorization of an officer in order to return to Canada.
Deportation order	232. (1) For the purposes of subsection 52(1) of the Act, and subject to subsection (2), a deportation order obliges the foreign national to obtain the written authorization of an officer in order to return to Canada at any time after the deportation order has been enforced.
Application of paragraph 42(b) of the Act	(2) For the purposes of subsection 52(1) of the Act, the making of a deportation order against a foreign national on the basis of inadmissibility under paragraph 42(b) of the Act is prescribed as a circumstance that does not oblige the foreign national to obtain the authorization of an officer in order to return to Canada.
Report — family members	233. (1) For the purposes of section 42 of the Act, a report prepared under subsection 44(1) of the Act against a foreign national is also a report prepared under that subsection against the foreign national's family members in Canada.
Removal — family members	(2) If the Immigration Division makes a removal order against a foreign national in respect of whom there is a family member to whom subsection (1) applies, the removal order is effective against the family member if (a) an officer informed the family member of the report, that they are the subject of an admissibility hearing and of their right to make submissions and be represented, at their own expense, at the admissibility hearing; and (b) the family member is subject to a decision of the Immigration Division that they are inadmissible under section 42 of the Act on grounds of the inadmissibility of the foreign national.
	DIVISION 2
	SPECIFIED REMOVAL ORDER
Subsection 44(2) of the Act — foreign nationals	234. (1) For the purposes of subsection 44(2) of the Act, and subject to subsection (3), if a report in respect of a foreign national does not include any grounds of inadmissibility other than those set out in the following circumstances, the Minister shall not refer the report to the Immigration Division and, if the Minister makes a removal order against the foreign national in one of those circumstances, the Minister shall make the removal order indicated after that circumstance: (a) if the foreign national is inadmissible under paragraph 36(1)(a) or (2)(a) of the Act on grounds of serious criminality or criminality, a deportation order; (b) if the foreign national is inadmissible under paragraph 40(1)(c) of the Act on grounds of misrepresentation, a deportation order; (c) if the foreign national is inadmissible under section 41 of the Act on grounds of (i) failing to appear for further examination or an admissibility hearing under Part 1 of the Act, an exclusion order, (ii) failing to obtain the authorization of an officer required by subsection 52(1) of the Act, a deportation order, (iii) failing to establish that they hold the visa or other document as required under section 20 of the Act, an exclusion order, (iv) failing to leave Canada by the end of the period authorized for their stay as required by subsection 29(2) of the Act, an exclusion order, or (v) failing to comply with subsection 29(2) of the Act to comply with any condition set out in section 177, an exclusion order; and (d) if the foreign national is inadmissible under section 42 of the Act on grounds of an inadmissible family member, the same removal order as was made in respect of the inadmissible family member.
Subsection 44(2) of the Act — permanent residents	(2) For the purposes of subsection 44(2) of the Act, if the Minister makes a removal order against a permanent resident who fails to comply with the residency obligation under section 28 of the Act, the order shall be a departure order.
Eligible claim for refugee protection	(3) If a claim for refugee protection is referred to the Refugee Protection Division, a departure order is the applicable removal order in the circumstances set out in any of subparagraphs (1)(c)(i) and (iii) to (v).
Paragraph 45(d) of the Act: applicable removal order	235. (1) For the purposes of paragraph 45(d) of the Act, the applicable removal order made by the Immigration Division against a person is (a) a deportation order, if they are inadmissible under subsection 34(1) of the Act on security grounds; (b) a deportation order, if they are inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights; (c) a deportation order, if they are inadmissible under subsection 36(1) of the Act on grounds of serious criminality or are inadmissible under paragraph 36(1)(b) or (c) of the Act on grounds of serious criminality; (d) a deportation order, if they are inadmissible under paragraph 36(2)(b), (c) or (d) of the Act on grounds of criminality; (e) a deportation order, if they are inadmissible under subsection 37(1) of the Act on grounds of organized criminality; (f) an exclusion order, if they are inadmissible under subsection 38(1) of the Act on health grounds, unless subsection (2) or (3) applies; (g) an exclusion order, if they are inadmissible under section 39 of the Act for financial reasons, unless subsection (2) or (3) applies;
	(h) an exclusion order, if they are inadmissible for misrepresentation under paragraph 40(1)(a) or (b) of the Act, unless subsection (3) applies; (i) a deportation order, if they are inadmissible under paragraph 40(1)(d) of the Act for misrepresentation; (j) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to comply with the requirement to appear for examination, unless subsection (2) or (3) applies; (k) a departure order, if they are inadmissible under paragraph 41(b) of the Act for failing to comply with conditions imposed under the regulations; (l) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they have come to Canada in order to establish permanent residence, unless subsection (3) applies; (m) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for failing to establish that they will leave Canada by the end of the period authorized for their stay, unless subsection (2) applies; (n) a departure order, if they are inadmissible under paragraph 41(b) of the Act for failing to comply with the residency obligation under section 28 of the Act; and (o) an exclusion order, if they are inadmissible under paragraph 41(a) of the Act for any other failure to comply with the Act, unless subsection (2) or (3) applies.
Eligible claim for refugee protection	(2) If a claim for refugee protection is referred to the Refugee Protection Division, a departure order is the applicable removal order in the circumstances set out in any of paragraphs (1)(f), (g), (j), (m) and (o).
Exception	(3) The applicable removal order in the circumstances set out in any of paragraphs (1)(f), (g), (h), (j), (l) and (o) is a deportation order if the person (a) was previously subject to a removal order and they are inadmissible on the same grounds as in that order; (b) has failed to comply with any condition or obligation imposed under the Act or the Immigration Act, R.S.C. 1985, c. I-2, unless the failure is the basis for the removal order; or (c) has been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence, unless the conviction or convictions are the grounds for the removal order.
Subsection 234(1) circumstances	(4) If the Immigration Division makes a removal order against a foreign national with respect to any grounds of inadmissibility that are circumstances set out in subsection 234(1), the Immigration Division shall make the removal order that the Minister would have made if the report had not been referred under subsection 44(2) of the Act to the Immigration Division.
	DIVISION 3
	STAY OF REMOVAL ORDERS
Considerations	236. (1) The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of (a) armed conflict within the country or place; (b) environmental disaster resulting in a substantial temporary disruption of living conditions; or (c) other conditions in the country or place that prevent nationals from returning in safety.
Cancellation	(2) The Minister may cancel the stay if the circumstances referred to in subsection (1) no longer pose a generalized risk to the entire civilian population.
Exceptions	(3) The stay does not apply to a person who (a) is inadmissible under subsection 34(1) of the Act on security grounds; (b) is inadmissible under subsection 35(1) of the Act on grounds of violating human or international rights; (c) is inadmissible under subsection 36(1) of the Act on grounds of serious criminality or under subsection 36(2) of the Act on grounds of criminality; (d) is inadmissible under subsection 37(1) of the Act on grounds of organized criminality; (e) is a person referred to in section F of Article 1 of the Refugee Convention; or (f) makes an application to the Minister requesting to be removed to a country or place to which a stay of removal applies, and the Minister has approved that application.
Stay of removal — judicial review	237. (1) A removal order is stayed if the subject of the order has filed an application for leave in accordance with subsection 72(1) of the Act with respect to a decision of the Refugee Appeal Division, and the stay is effective until the earliest of the following: (a) the application for leave is refused, (b) the application for leave is granted, the application for judicial review is refused and no question is certified for the Federal Court of Appeal, (c) if a question is certified by the Federal Court — Trial Division, (i) the appeal is not filed within the time limit, or (ii) the Federal Court of Appeal decides to dismiss the appeal and the time limit in which an application to the Supreme Court of Canada for leave to appeal from that decision expires without an application being made, (d) if an application for leave to appeal is made to the Supreme Court of Canada from a decision of the Federal Court of Appeal referred to in paragraph (c), the application is refused, and (e) if the application referred to in paragraph (d) is granted, the appeal is not filed within the time limit or the Court dismisses the appeal.
Exceptions	(2) Subsection (1) does not apply if (a) the Refugee Protection Division states in its decision, in accordance with subsection 107(2) of the Act, that there is no credible basis for the claim; (b) the person is subject to a removal order as a result of inadmissibility on grounds of serious criminality; (c) the person resides or sojourns in the United States or St. Pierre and Miquelon and is the subject of a report prepared under subsection 44(1) of the Act on their entry into Canada; or (d) the person's claim for refugee protection has been determined to be ineligible to be referred to Refugee Protection Division under paragraph 101(1)(e) of the Act and the person is to be removed to a country designated by regulations made under subsection 102(1) of the Act.
Non-application	(3) Subsection (1) does not apply if the person applies for an extension of time to file an application referred to in that subsection.
Ceasing to be in force	(4) This section ceases to be in force two years after the date on which it comes into force.
Stay of removal — pre-removal risk assessment	238. A removal order is stayed on a person being notified by the Department under subsection 156(3) that they may make an application under subsection 112(1) of the Act, and the stay is effective until the earliest of the following events to occur: (a) the Department receives confirmation in writing from the person that they do not intend to make an application; (b) the person does not make an application within the period provided under section 157; (c) the application for protection is rejected; (d) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act and the person has not made an application within the period provided under subsection 168(1) to remain in Canada as a temporary resident, the expiry of that period; (e) if a decision to allow the application for protection is made under paragraph 114(1)(a) of the Act, the decision with respect to the person's application to remain in Canada as a temporary resident is made; and (f) in the case of a person to whom subsection 112(3) of the Act applies, the stay is cancelled under subsection 114(2) of the Act.
Stay of removal — humanitarian and compassionate considerations	239. A removal order made against a foreign national and any member of the foreign national's family is stayed on a decision of the Minister under subsection 25(1) of the Act that there exist humanitarian and compassionate considerations, or public policy considerations, and the stay is effective until a decision is made to grant, or not grant, permanent resident status.
Application of paragraph 50(a) of the Act	240. For greater certainty, and for the purposes of paragraph 50(a) of the Act, there is no decision made in a judicial proceeding that would be directly contravened by the enforcement of a removal order if (a) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province that criminal charges will be withdrawn or stayed on the removal of the person from Canada; or (b) there is an agreement between the Department and the Attorney General of Canada or the attorney general of a province to withdraw or cancel any summons or subpoena on the removal of the person from Canada.
	DIVISION 4
	ENFORCEMENT OF REMOVAL ORDERS
Not void	241. For greater certainty, and subject to section 51 of the Act, a removal order that has not been enforced is not void by reason of any lapse of time.
Providing copies	242. On making a removal order against a person, the Minister or the Immigration Division shall provide the person with a copy of the order.
Notice to transport company	243. On making a removal order against a person, an officer shall inform the transportation company that carried the person to Canada, or caused the person to enter Canada, of the removal order, of the transportation company's obligation to carry the person from Canada and whether the transportation company is liable to pay removal costs incurred by Her Majesty in right of Canada.
Modality of enforcement	244. A removal order is enforced by a foreign national's voluntary compliance with the removal order or by removal of the foreign national by the Minister.
Voluntary compliance	245. (1) A foreign national who wants to voluntarily comply with a removal order must first appear before an officer for the officer to determine if (a) the foreign national has sufficient means to effect their departure to a country that they will be authorized to enter; and (b) the foreign national intends to voluntarily comply with the requirements set out in paragraphs 247(1)(a) to (c), and will be able to act on that intention.
Choice of country	(2) The foreign national must then submit their choice of destination to the officer and the officer must approve it unless the foreign national is (a) a danger to the public; (b) a fugitive from justice in Canada or another country; or (c) seeking to evade or frustrate the cause of justice in Canada or another country.
Removal by Minister	246. If a foreign national does not avail themself of enforcement by voluntary compliance, a negative determination is made under subsection 245(1) or their choice of destination is not approved under subsection 245(2), the Minister shall enforce the removal order.
When removal order is enforced	247. (1) Every removal order against a foreign national, whether it is enforced by voluntary compliance or by the Minister, shall be enforced only if the foreign national (a) appears before an officer at a port of entry to verify their departure from Canada; (b) has obtained a certificate of departure from the Department; (c) departs from Canada; and (d) has been authorized to enter, other than for purposes of transit, their country of destination.
When removal order is enforced by officer outside Canada	(2) If a foreign national against whom a removal order has not been enforced is applying to an officer outside Canada for a visa or an authorization to return to Canada, the officer shall enforce the order if, following an examination, the foreign national establishes that (a) they are the person described in the order; (b) they have been granted lawful permission to be in the country in which they are physically present and they have that permission when the application is made; and (c) they are not inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.
Country of removal	248. (1) If the Minister enforces a removal order, the Minister shall remove the foreign national to (a) the country from which they came to Canada; (b) the country in which they last permanently resided before coming to Canada; (c) a country of which they are a national or citizen; or (d) the country of their birth.
Removal to another country	(2) If none of the countries referred to in subsection (1) is willing to authorize the foreign national to enter, the Minister shall select any country that will authorize entry within a reasonable time and shall remove the foreign national to that country.
Exception	(3) Despite section 245 and subsection (1), the Minister shall remove a person who is subject to a removal order on the grounds of inadmissibility under paragraph 35(1)(a) of the Act to a country that the Minister determines will authorize the person to enter.
Mutual Legal Assistance in Criminal Matters Act	249. A person transferred under an order made under the Mutual Legal Assistance in Criminal Matters Act is not, for the purposes of section 247, a person who has been authorized to enter their country of destination.
Requirements to return	250. (1) Unless expenses incurred by Her Majesty in right of Canada have been recovered from a transportation company, a foreign national who is removed from Canada by the Minister at Her Majesty's expense shall not return to Canada if the foreign national has not paid to Her Majesty the removal costs set out in subsection (2).
Costs	(2) The removal costs incurred by Her Majesty in right of Canada are (a) for removal to the United States of America, or St. Pierre and Miquelon, $750; and (b) for removal to any other country, $1,500.
	PART 14
	DETENTION AND RELEASE
Factors to be considered	251. For the purposes of Division 6 of Part 1 of the Act, an officer and the Immigration Division shall take into consideration the factors set out in this Part when assessing whether a person (a) is unlikely to appear for examination, an admissibility hearing, removal from Canada, or at a proceeding that could lead to the making of a removal order by the Minister under subsection 44(2) of the Act; (b) is a danger to the public; or (c) is a foreign national whose identity has not been established.
Flight risk	252. For the purposes of paragraph 251(a), the factors are the following: (a) being a fugitive from justice in a foreign jurisdiction in relation to an offence that if committed in Canada would constitute an offence under an Act of Parliament; (b) voluntary compliance with any previous departure order; (c) voluntary compliance with any previously required appearance at an immigration or criminal proceeding; (d) previous compliance with any conditions imposed in respect of their entry, their release or a stay of their removal; (e) any previous eluding of examination or escape from custody, or any previous attempt to do so; (f) involvement with an organized human smuggling or trafficking operation that would likely lead the person to not appear for a measure referred to in paragraph 251(a) or to be vulnerable to being influenced or coerced by an organization involved in such an operation to not appear for such a measure; and (g) the existence of strong ties to a community in Canada.
Danger to the public	253. For the purposes of paragraph 251(b), the factors are the following: (a) identification, by opinion of the Minister in accordance with paragraph 101(2)(b) or 115(2)(a) or (b) of the Act, as a danger to the public in Canada or as a danger to the security of Canada; (b) affiliation with a criminal organization within the meaning of subsection 121(2) of the Act; (c) involvement with an organized human smuggling or trafficking operation; (d) conviction in Canada under an Act of Parliament for a sexual offence or an offence involving violence, weapons or drug trafficking; and (e) conviction outside Canada, or the existence of pending charges outside Canada, for a sexual offence, or an offence involving violence, weapons or drug trafficking, that if committed in Canada would constitute an offence under an Act of Parliament.
Identity not established	254. (1) For the purposes of paragraph 251(c), the factors are (a) cooperation in providing evidence of their identity, or assisting the Department in obtaining evidence of their identity, in providing the date and place of their birth as well as the names of their mother and father or providing detailed information on the travel itinerary followed in voyaging to Canada or in completing an application for a travel document; (b) in the case of a foreign national who makes a claim for refugee protection, the possibility of obtaining identity documents or information without divulging personal information to government officials of their country of nationality or, if there is no country of nationality, their country of former habitual residence; (c) the destruction of identity or travel documents, or use of fraudulent documents, in order to mislead the Department, and the circumstances under which the person took those actions; (d) the provision of contradictory information with respect to identity at the time of an application to the Department; and (e) the existence of documents that contradict information provided by the foreign national with respect to their identity.
Non-application to minors	(2) Consideration of the factors set out in paragraph (1)(a) shall not have an adverse impact with respect to minor children referred to in section 256.
Other factors	255. If an officer or the Immigration Division determines that there are grounds for detention, the officer or the Immigration Division shall consider the following factors before making a decision on detention or release: (a) the original reason for detention; (b) the length of time in detention; (c) whether there are any elements that can assist in determining the length of time that detention is likely to continue and, if so, that length of time; (d) any unexplained delays or unexplained lack of diligence caused by the Department or the person concerned; and (e) the existence of alternatives to detention.
Special considerations for minor children	256. The special considerations that apply in relation to the detention of minor children who are less than 18 years of age are (a) the availability of alternative arrangements with local child care agencies or child protection services for the care and protection of the minor children; (b) the anticipated length of detention; (c) the possibility of continued control by organized human smugglers or traffickers who brought the children to Canada; (d) the type of detention facility envisaged and the conditions of detention; (e) the availability of accommodation that allows for the segregation of the minor children from adult detainees who are not a parent or an adult legally responsible for the detained minor children; and (f) the availability of services in the detention facility, including education, counselling and recreation.
Conditions of release	257. (1) In addition to any conditions imposed under section 56 or subsection 58(3) of the Act on the release of a person, the following conditions shall be imposed by an officer or the Immigration Division on the person: (a) to provide before release the address of their place of residence in Canada and inform the Department in advance and in writing of any change in that address; (b) to surrender their passport or travel document or, if they do not hold a passport or travel document, to complete an application for a passport or travel document; and (c) to abide by all conditions imposed by an officer or the Immigration Division.
Claimants for refugee protection	(2) In the case of a foreign national who makes a claim for refugee protection, the application completed under paragraph (1)(b) shall not be divulged to government officials of their country of nationality or, if there is no country of nationality, their country of previous habitual residence, as long as the removal order to which they are subject is not enforceable.
	PART 15
	THE IMMIGRATION APPEAL DIVISION
Mandatory conditions	258. If the Immigration Appeal Division stays a removal order under paragraph 66(b) of the Act, that Division shall impose the following conditions on the person against whom the order was made: (a) to inform the Department and the Immigration Appeal Division in writing in advance of any change in the person's address; (b) to provide a copy of their passport or travel document to the Department or, if they do not hold a passport or travel document, to complete an application for a passport or a travel document and to provide the application to the Department; (c) to apply for an extension of the validity period of their passport or travel document, if any, before it expires, and to provide a copy of the extended passport or document to the Department; (d) to not commit any criminal offences; (e) if they are charged with a criminal offence, to immediately report that fact in writing to the Department; and (f) if they are convicted of a criminal offence, to immediately report that fact in writing to the Department and the Division.
	PART 16
	TRANSITIONAL PROVISIONS FOR ECONOMIC CLASSES
General	259. (1) This section applies to foreign nationals who submitted an application, as one of the following, for an immigrant's visa that is pending immediately before the coming into force of these Regulations: (a) an entrepreneur; (b) a self-employed person; (c) a person described in subparagraph 9(1)(b)(i) or paragraph 10(1)(b) of the Immigration Regulations, 1978; and (d) an investor.
Assessment	(2) If, before these Regulations come into force, a foreign national referred to in subsection (1) has been assessed by a visa officer and awarded the number of units of assessment required by the Immigration Regulations, 1978, that assessment is, for the purpose of these Regulations, an award of points equal or superior to the minimum number of points required (a) of an entrepreneur, in the case of a foreign national described in paragraph (1)(a); (b) of a self-employed person, in the case of a foreign national described in paragraph (1)(b); (c) of a skilled worker, in the case of a foreign national described in paragraph (1)(c); or (d) of an investor, in the case of a foreign national described in paragraph (1)(d).
Federal skilled worker class	(3) If a foreign national who is referred to in paragraph (1)(c) applied before December 17, 2001 for an immigrant's visaand has not been awarded the number of units of selection required by the Immigration Regulations, 1978, they must obtain a minimum of 75 points based on the factors set out in paragraph 64(1)(a) to become a permanent resident as a member of the federal skilled worker class.
Investors	260. If a foreign national, before April 1, 1999, has applied for an immigrant's visa as an investor and has signed any document referred to in clause 1(v)(iii)(A) of Schedule X to the Immigration Regulations, 1978 as that Schedule read immediately before that date, or, in the case of an investor in a province, has either applied for a selection certificate under section 3.1 of An Act respecting immigration to Québec, R.S.Q., c.I-0.2, as amended from time to time, or applied for an immigrant's visa as an investor, and signed an investment agreement in accordance with the law of that Province, the relevant provisions of the Immigration Regulations, 1978 respecting an applicant for an immigrant's visa as investor, an approved business, an investor in a province, a fund manager, an eligible business, an approved fund, a fund, an escrow agent, a privately administered venture capital fund or a government-administered venture capital fund continue to apply as they read immediately before April 1, 1999 to all persons governed by their application before that date.
	PART 17
	REPEAL AND COMING INTO FORCE
	REPEAL
Immigration Regulations, 1978	261. The Immigration Regulations, 1978 are repealed.
	COMING INTO FORCE
Coming into force	262. These Regulations come into force on the day on which the Act comes into force.

SCHEDULE 1
(Section 2)

PORTS OF ENTRY

PART I

PERMANENT SERVICE

DIVISION 1

ONTARIO

1. Ambassador Bridge, Windsor

2. Fort Frances Municipal Airport, Fort Frances

3. Hamilton Airport, Mount Hope

4. Lansdowne (Thousand Islands Bridge), Lansdowne

5. Lester B. Pearson International Airport, Mississauga

6. Lewiston-Queenston Bridge, Queenston

7. Macdonald-Cartier International Airport, Ottawa

8. Peace Bridge, Fort Erie

9. Pigeon River Border Crossing at Highway 61, Pigeon River

10. Rainbow Bridge, Niagara Falls

11. Rainy River International Bridge, Rainy River

12. Sault Ste. Marie Airport, Sault Ste. Marie

13. Sault Ste. Marie International Bridge, Sault Ste. Marie

14. Seaway Skyway International Bridge, Prescott

15. Whirlpool Bridge, Niagara Falls

16. Windsor/Detroit International Tunnel, Windsor

DIVISION 2

QUEBEC

1. Armstrong, Saint-Théophile

2. Beebee, Beebee

3. Cantic (Trains), Lacolle

4. Dorval (Montreal International Airport), Dorval

5. Dundee, Sainte-Agnès-de-Dundee

6. East Hereford, East Hereford

7. Frelighsburg, Frelighsburg

8. Glen Sutton, Mansonville

9. Hemmingford, Hemmingford

10. Herdman, Athelstan

11. Lacolle, Highway 15, Saint-Bernard-de-Lacolle

12. Lacolle route 221, Lacolle

13. Lacolle route 223, Lacolle

14. Mirabel (Montreal International Airport), Mirabel

15. Morse's Line, Saint-Armand

16. Noyan, Saint-Armand

17. Phillipsburg, Saint-Armand-de-Philipsburg

18. Rock Island route 143, Stanstead

19. Rock Island, Stanstead route 55, Stanstead

20. Stanhope, Stanhope

21. Trout River, Athelstan

22. Woburn, Woburn

DIVISION 3

NEW BRUNSWICK

1. Andover, Carlingford

2. Campobello, Welshpool

3. Centreville, Royalton

4. Clair, Clair

5. Edmundston, Edmundston

6. Edmundston Airport, Edmundston

7. Gillespie Portage, Grand Falls/Grand-Sault

8. Milltown, St. Stephen

9. St. Croix, St. Croix

10. St. Leonard, St. Leonard

11. St. Stephen, St. Stephen

12. St. Stephen Airport, St. Stephen

13. Woodstock Road, Belleville

DIVISION 4

MANITOBA

1. Boissevain, Boissevain

2. Emerson West Lynne, Emerson

3. Sprague, Sprague

4. Winnipeg International Airport, Winnipeg

DIVISION 5

BRITISH COLUMBIA

1. Boundary Bay, Delta

2. Campbell River Airport, Campbell River

3. Douglas, Surrey

4. Huntingdon, Abbotsford

5. Kelowna Airport, Kelowna

6. Kingsgate, Kingsgate

7. Nanaimo Airport, Nanaimo

8. Osoyoos, Osoyoos

9. Pacific Highway, Surrey

10. Patterson, Rossland

11. Prince Rupert (Digby Island) Airport, Prince Rupert

12. Rooseville, Grasmere

13. Vancouver International Airport, Richmond

14. Victoria International Airport, Sidney

DIVISION 6

SASKATCHEWAN

1. North Portal, North Portal

2. Regway, Regway

DIVISION 7

ALBERTA

1. Calgary International Airport, Calgary

2. Coutts, Coutts

3. Edmonton International Airport, Edmonton

DIVISION 8

NEWFOUNDLAND AND LABRADOR

1. Cartwright — RCMP Detachment, Cartwright

2. Forteau — RCMP Detachment, Forteau

3. Gander International Airport, Gander

4. Hopedale — RCMP Detachment, Hopedale

5. Mary's Harbour — RCMP Detachment, Mary's Harbour

6. Nain — RCMP Detachment, Nain

DIVISION 9

YUKON

1. Beaver Creek, Beaver Creek

2. Old Crow — RCMP Detachment, Old Crow

3. Whitehorse Airport, Whitehorse

DIVISION 10

NORTHWEST TERRITORIES

1. Cape Dorset — RCMP Detachment, Cape Dorset

2. Coppermine — RCMP Detachment, Coppermine

3. Eskimo Point — RCMP Detachment, Eskimo Point

4. Lake Harbour — RCMP Detachment, Lake Harbour

5. Sachs Harbour — RCMP Detachment, Sachs Harbour

6. Spence Bay — RCMP Detachment, Spence Bay

7. Tuktoyaktuk — RCMP Detachment, Tuktoyaktuk

DIVISION 11

NUNAVUT

1. Baker Lake — RCMP Detachment, Baker Lake

2. Cambridge — RCMP Detachment, Cambridge

3. Chesterfield Inlet — RCMP Detachment, Chesterfield Inlet

4. Clyde River — RCMP Detachment, Clyde River

5. Griese Fiord — RCMP Detachment, Griese Fiord

6. Hall Beach — RCMP Detachment, Hall Beach

7. Igloolik — RCMP Detachment, Igloolik

8. Iqaluit — RCMP Detachment, Iqaluit

9. Iqaluit Airport, Iqaluit

10. Nanisvik — RCMP Detachment, Nanisvik

11. Pangnirtung — RCMP Detachment, Pangnirtung

12. Pond Inlet — RCMP Detachment, Pond Inlet

13. Rankin Inlet — RCMP Detachment, Rankin Inlet

14. Resolute Bay — RCMP Detachment, Resolute Bay

PART 2

SEASONAL SERVICE

Item	Column 1 Province	Column 2 Place	Column 3 Service Period
1.	British Columbia	(1) Alaska State Ferry Terminal, Prince Rupert	(1) May 1 to September 30
		(2) Stewart, Stewart	(2) June 1 to September 30
2.	Nova Scotia	(1) Yarmouth Ferry Terminal, Yarmouth	(1) May 1 to October 31
3.	New Brunswick	(1) Four Falls, Four Falls	(1) April 16 to October 31
4.	Yukon	(1) Dawson City, Dawson City	(1) May 1 to October 31
		(2) Little Gold Creek, Little Gold Creek	(2) May 1 to September 30

PART 3

HOURLY SERVICE

Item	Column 1 Province	Column 2 Place	Column 3 Service Hours
1.	Ontario	(1) Cornwall Regional Airport, Cornwall	(1) 8:00 to 17:00
		(2) Kingston Harbour, Kingston	(2) 8:00 to 21:00
		(3) Lake Simcoe Regional Airport, Lake Simcoe	(3) 9:00 to 17:00
		(4) Niagara District Airport, Niagara Falls	(4) 8:00 to 24:00
		(5) Oshawa Airport, Oshawa	(5) 8:30 to 16:30
		(6) Sarnia Chris Hadfield Airport, Sarnia	(6) 8:00 to 23:00
		(7) Thunder Bay International Airport, Thunder Bay	(7) 8:00 to 24:00
		(8) Waterloo-Wellington Regional Airport, Waterloo-Wellington	(8) 7:00 to 20:00
		(9) London Airport, London	(9) 8:00 to 24:00
2.	Quebec	(1) Abercorn, Abercorn	(1) 8:00 to 17:00, Monday to Friday
		(2) Chartierville, Chartierville	(2) 8:00 to 24:00
		(3) Clarenceville, Clarenceville	(3) 8:00 to 24:00
		(4) Covey Hill, Havelock	(4) 8:00 to 16:00
		(5) Daaquam, Daaquam	(5) 9:00 to 17:00, Monday to Friday
		(6) East Pinnacle, East Pinnacle	(6) 8:00 to 24:00
		(7) Franklin Center, Franklin Center	(7) 8:00 to 16:00
		(8) Hereford Road, Saint-Herménégilde	(8) 8:00 to 24:00
		(9) Highwater, Highwater	(9) 8:00 to 17:00, Monday to Friday
		(10) Jamieson's Line, Athelstan	(10) 8:00 to 16:00
		(11) Pohénégamook, Pohénégamook	(11) 9:00 to 17:00, Monday to Friday
		(12) Saint-Pamphile, Saint-Pamphile	(12) 9:00 to 17:00, Monday to Friday
		(13) Sainte-Aurélie, Sainte-Aurélie	(13) 9:00 to 17:00, Monday to Friday
3.	Nova Scotia	(1) Halifax International Airport, Halifax	(1) 8:00 to 24:00
4.	New Brunswick	(1) Bathurst Airport, Bathurst	(1) 8:15 to 16:30
		(2) Bloomfield, Bloomfield, Carleton County	(2) 9:00 to 17:00
		(3) Florenceville Airport, Florenceville	(3) 9:00 to 17:00
		(4) Forest City, Forest City	(4) 9:00 to 17:00
		(5) Fosterville, Fosterville	(5) 9:00 to 17:00
		(6) Fredericton Airport, Lincon	(6) 9:00 to 17:00
		(7) Grand Falls, Grand Falls	(7) 8:00 to 24:00
		(8) Grand Manan Airport, Grand Manan	(8) 9:00 to 17:00
		(9) Moncton Airport, Moncton	(9) 9:00 to 17:00
		(10) River de Chute, River de Chute	(10) 9:00 to 17:00
		(11) Saint John International Airport, Saint John	(11) 8:00 to 24:00
		(12) St.Leonard Airport, St.Leonard	(12) 8:00 to 24:00
5.	Manitoba	(1) Cartwright, Cartwright	(1) 8:00 to 22:00
		(2) Coulter, Melita	(2) 8:00 to 22:00
		(3) Crystal City, Crystal City	(3) 8:00 to 22:00
		(4) Emerson, Highway 75, Emerson	(4) 8:00 to 24:00
		(5) Goodlands, Deloraine	(5) 8:00 to 22:00
		(6) Gretna, Gretna	(6) 8:00 to 22:00
		(7) Lena, Killarney	(7) 8:00 to 22:00
		(8) Lyleton, Pierson	(8) 8:00 to 22:00
		(9) Piney, Piney	(9) 8:00 to 22:00
		(10) Snowflake, Snowflake	(10) 8:00 to 22:00
		(11) South Junction, South Junction	(11) 8:00 to 24:00
		(12) Tolstoi, Tolstoi	(12) 8:00 to 22:00
		(13) Windygates, Darlingford	(13) 8:00 to 22:00
		(14) Winkler, Winkler	(14) 8:00 to 22:00
6.	British Columbia	(1) Abbotsford Airport, Abbotsford	(1) 8:00 to 24:00
		(2) Aldergrove, Aldergrove	(2) 8:00 to 24:00
		(3) Boundary Bay Airport, Boundary Bay	(3) 7:00 to 23:00
		(4) Carson, Grand Forks	(4) 8:00 to 24:00
		(5) Cascade, Christina Lake	(5) 8:00 to 24:00
		(6) Castlegar Airport, Castlegar	(6) Daylight hours
		(7) Chopaka, Cawston	(7) 9:00 to 17:00
		(8) Cranbrook Airport, Cranbrook	(8) 8:00 to 16:00
		(9) Midway, Midway	(9) 9:00 to 17:00
		(10) Nelway, Salmo	(10) 8:00 to 24:00
		(11) Rykerts, Creston	(11) 8:00 to 23:00
		(12) Waneta, Trail	(12) 9:00 to 17:00
7.	Prince Edward Island	(1) Charlottetown Airport, Charlottetown	(1) 9:00 to 17:00
8.	Saskatchewan	(1) Big Beaver, Big Beaver	(1) 10:00 to 18:00
		(2) Carievale, Carievale	(2) 9:00 to 21:00
		(3) Climax, Climax	(3) 10:00 to 18:00
		(4) Coronach, Coronach	(4) 10:00 to 18:00
		(5) Estevan Highway, Estevan	(5) 9:00 to 24:00
		(6) Monchy, Monchy	(6) 10:00 to 18:00
		(7) Northgate, Northgate	(7) 8:00 to 23:00
		(8) Oungre, Oungre	(8) 9:00 to 21:00
		(9) Regina Airport, Regina	(9) 8:00 to 23:00
		(10) Torquay, Torquay	(10) 9:00 to 21:00
		(11) West Poplar River, North Portal	(11) 10:00 to 18:00
		(12) Willow Creek, Consul	(12) 10:00 to 17:00
9.	Alberta	(1) Aden, Aden	(1) 9:00 to 17:00
		(2) Carway, Carway	(2) 7:00 to 23:00
		(3) Chief Mountain, Chief Mountain	(3) 9:00 to 18:00
		(4) Del Bonita, Del Bonita	(4) 9:00 to 18:00
		(5) Wild Horse, Wild Horse	(5) 8:00 to 17:00
10.	Newfoundland and Labrador	(1) Goose Bay Airport, Goosebay	(1) 8:00 to 24:00
		(2) St John's Airport, St. John's	(2) 8:00 to 24:00
11.	Yukon	(1) Fraser, Whitehorse	(1) 8:00 to 24:00, 6 days week
		(2) Pleasant Camp, Pleasant Camp	(2) 8:00 to 24:00

PART 4

SERVICE ON REQUEST

DIVISION 1

ONTARIO

1. Algoma Steel Dock, Sault Ste. Marie

2. Billy Bishop Airport, Owen Sound

3. Canadian Forces Base Trenton, Trenton

4. Collingwood Airport, Collingwood

5. Fort Frances Bait and Tackle, Fort Frances

6. Georgian Bay Airport, Parry Sound

7. Goderich Airport, Goderich

8. Goderich Seaplanes Harbour, Goderich

9. Hamilton Harbour, Hamilton

10. Huronia Airport, Midland

11. Lake St. John Airport, Orillia

12. Lindsay Airport, Lindsay

13. Marathon Harbour, Marathon

14. Midland Government (Town) Dock, Midland

15. Muskoka Airport, Muskoka

16. Peterborough Airport, Peterborough

17. Port Elgin Airport, Port Elgin

18. Port of Cobourg, Cobourg

19. Port of Oshawa, Oshawa

20. Sarnia Harbour, Sarnia

21. Thunder Bay Harbour, Thunder Bay

22. Toronto Harbour, Toronto

23. Welland Airport, Welland

24. Windsor/Detroit Barge Terminal, Windsor Harbour, Windsor

DIVISION 2

QUEBEC

1. Gatineau Airport, Gatineau

2. Port of Baie-Comeau, Baie-Comeau

3. Port of Bécancour, Bécancour

4. Port of Chandler, Chandler

5. Port of Chicoutimi, Chicoutimi

6. Port of Contrecoeur, Contrecoeur

7. Port of Gaspé, Gaspé

8. Port of Gros Cacouna, Gros Cacouna

9. Port of Havre-Saint-Pierre, Havré Saint-Pierre

10. Port of Matane, Matane

11. Port of Montreal, Montreal

12. Port of Pointe-au-Pic, Charlevoix

13. Port of Pointe-Noire, Pointe-Noire

14. Port of Port-Alfred, Port-Alfred

15. Port of Port-Cartier, Port-Cartier

16. Port of Port-Menier, Port-Menier

17. Port of Port Saguenay, Port Saguenay

18. Port of Portneuf, Portneuf

19. Port of Quebec, Quebec

20. Port of Rivière-du-Loup, Rivière-du-Loup

21. Port of Sept-Îles, Sept-Îles

22. Port of Sorel, Sorel

23. Port of Trois-Rivières, Trois-Rivières

24. Port of Valleyfield, Valleyfield

25. Saint-Hubert Airport, Saint-Hubert

DIVISION 3

NOVA SCOTIA

1. Kings County Airport, Waterville

2. Liverpool Airport, Liverpool

3. Port Hawkesbury Airport, Port Hawkesbury

4. Port of Canso, Canso

5. Port of Cape Sable Island, Cape Sable Island

6. Port of Clark's Harbour, Clark's Harbour

7. Port of Halifax, Halifax

8. Port of Liverpool, Liverpool

9. Port of Louisbourg, Louisbourg

10. Port of Lunenburg, Lunenburg

11. Port of Port Bickerton, Port Bickerton

12. Port of Port Hawkesbury, Port Hawkesbury

13. Port of Shelburne, Shelburne

14. Port of Sydney, Sydney

15. Port of Yarmouth, Yarmouth

16. Sydney Airport, Sydney

17. Trenton Airport, Trenton

18. Yarmouth Airport, Yarmouth

DIVISION 4

NEW BRUNSWICK

1. Charlo Airport, Dalhousie

2. Deer Island Point, Deer Island

3. Grand Falls Airport, Grand Falls

4. Miramichi Airport, Miramichi

5. Port of Bathurst, Bathurst

6. Port of Grand Manan, Grand Manan

7. Port of Miramichi, Miramichi

8. Port of St. Andrews, St. Andrews

9. Port of Saint John, Saint John

DIVISION 5

BRITISH COLUMBIA

1. Atlin Airport, Atlin

2. Bedwell Harbour, Bedwell Harbour, Pendler Island

3. Canadian Forces Base, Comox Military Base Airport, Courtenay/Comos

4. Canadian Forces Base, Esquilmat, Victoria

5. Courtenay Airpark, Courtenay

6. Courtenay Seaplane Terminal, Courtenay

7. Dawson Creek Airport, Dawson Creek

8. Delta Port at Robert's Bank, Delta

9. Eckarts Airport, Porthill

10. Grand Forks Airport, Grand Forks

11. Kamloops Airport, Kamloops

12. Kitimat Airpark, Kitimat

13. Kitimat Harbour, Kitimat

14. Penticton Airport, Penticton

15. Port Alberni Airport, Port Alberni

16. Port of Campbell River, Cambpell River

17. Port of Courtenay Harbour, Courtenay

18. Port of Cowichan Bay Dock, Victoria

19. Port of Gold River, Gold River

20. Port of Port Alberni, Port Alberni

21. Port of Port Alice, Port Alice

22. Port of Port Hardy, Port Hardy

23. Port of Nanaimo, Nanaimo

24. Port of New Westminster, New Westminster

25. Port of Powell River, Powell River

26. Port of Senanus Island, Victoria

27. Port of Surrey, Fraser Docks, Surrey

28. Port of Vancouver, Vancouver

29. Port of Victoria, Victoria

30. Powell Lake Terminal, Powell River

31. Powell River Airport, Powell River

32. Prince George Airport, Prince George

33. Sidney (Wash. State Ferry Terminal), Sidney

34. The Spit/Coval Air Base Seaplane Terminal, The Spit

35. Trail Airport, Trail

36. Vancouver Island Regional Correction Centre, Victoria

DIVISION 6

SASKATCHEWAN

1. John G. Diefenbaker Airport, Saskatoon

DIVISION 7

ALBERTA

1. Del Bonita Airport, Del Bonita

2. Ross International Airport, Coutts

DIVISION 8

PRINCE EDWARD ISLAND

1. Port of Charlottetown, Charlottetown

2. Port of Georgetown, Georgetown

3. Port of Souris, Souris

4. Port of Summerside, Summerside

5. Summerside Airport, Summerside

DIVISION 9

NEWFOUNDLAND AND LABRADOR

1. Marystown/Winterland Airport, Marystown/Winterland

2. Port of Argentia, Argentia

3. Port of Corner Brook, Corner Brook

4. Port of Fortune, Fortune

5. Port of Goosebay, Goosebay

6. Port of Harbour Grace, Harbour Grace

7. Port of St. John's, St. John's

8. Port of Stephenville, Stephenville

9. Stephenville Airport, Stephenville

DIVISION 10

YUKON

1. Chilkoot Trail, Chilkoot

2. Dawson Airport, Dawson

3. Stewart, Whitehorse

DIVISION 11

NORTHWEST TERRITORIES

1. Inuvik Airport, Inuvik

2. Port of Tuktoyaktuk, Tuktoyaktuk

3. Yellowknife Airport, Yellowknife

SCHEDULE 2
(paragraph 145(2)(d) and section 146)

SOURCE COUNTRIES

1. Colombia

2. El Salvador

3. Guatemala

4. Democratic Republic of Congo

5. Sierra Leone

6. Sudan

SCHEDULE 3
(section 173)

LIST OF COUNTRIES

1. Afghanistan

2. Somalia

[50-1-o]

Footnote a

S.C. 2001, c. 27

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