Immigration and Refugee Protection Regulations

Sections and provisions with full text and the judgments that cite each one.

Section 87 — Class

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…

Section 87.1 — Class

For the purposes of subsection 12(2) of the Act, the Canadian experience class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become…

Section 87.2 — Definition of skilled trade occupation

In this section, skilled trade occupation means an occupation, other than a restricted occupation, in any of the following groups listed in the National Occupational Classification : Major Group 72,…

Section 87.3 — Class

For the purposes of subsection 12(2) of the Act, the Atlantic immigration class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become…

Section 88 — Definitions

The definitions in this subsection apply in this Division. agent [Repealed, SOR/2016-316, s. 4] allocation period [Repealed, SOR/2016-316, s. 4] approved fund [Repealed, SOR/2016-316, s. 4] business…

Section 89 — Artificial transactions

For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this…

Section 89.1 — Permanent resident status

A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the…

Section 90 — Class

For the purposes of subsection 12(2) of the Act, the Quebec investor class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically…

Repealed

Section 97 — Class

For the purposes of subsection 12(2) of the Act, the Quebec entrepreneur class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become…

Repealed

Section 98.01 — Class

For the purposes of subsection 12(2) of the Act, the start-up business class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become…

Section 98.02 — Agreements with organizations

The Minister may enter into an agreement with an organization to provide for any matter related to the start-up business class, including the making of recommendations and the provision of advice to…

The Minister must designate the entities referred to in subsection 98.01 (2) according to the following categories: business incubators; angel investor groups; and venture capital funds. The Minister…

Section 98.04 — Form of commitment

A commitment must be in a written or electronic form that is acceptable to the Minister and must be provided by a person who has the authority to bind the designated entity. A commitment does not…

Section 98.05 — Minimum investment

The Minister must establish the minimum total amount that the designated entities involved in the commitment must invest by buying shares or other forms of equity in the applicant’s business. The…

Section 98.06 — Qualifying business

For the purposes of paragraph 98.01 (2)(d), a qualifying business with respect to an applicant is one in which the applicant provides active and ongoing management from within Canada; for which an…

Section 98.07 — Documentation

An applicant must provide documentation to establish that they are a member of the start-up business class, including written or electronic evidence, provided by an entity that was designated on the…

Section 98.08 — Assessment of commitment

If the officer is not satisfied that the entity assessed the applicant and the applicant’s business in a manner consistent with industry standards or is not satisfied that the terms of the commitment…

Section 98.09 — Peer review

An officer may request that a commitment, the applicants and designated entities party to the commitment and the qualifying business to which the commitment relates be independently assessed by a…

Section 98.10 — Substituted evaluation

An officer may substitute their evaluation of the applicant’s ability to become economically established in Canada for the requirements set out in subsection 98.01 (2), if meeting or failing to meet…

Section 98.11 — Inspections — organization

An officer may inspect any organization that has entered into an agreement referred to in subsection 98.02 (1) in any of the following circumstances: the officer has a reason to suspect that the…

Section 98.12 — Answering questions and providing documents

When conducting an inspection in accordance with section 98.11 , an officer may, for the purpose of verifying that the organization or designated entity is in compliance with the relevant conditions,…

Section 98.13 — Entry to verify compliance

Subject to subsection (7), when conducting an inspection in accordance with section 98.11 , an officer may, for the purpose of verifying that the organization or designated entity is in compliance…

Repealed

Section 99

[Repealed, SOR/2016-316, s. 6]

Section 100 — Members of the class

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…

Section 101 — Class

For the purposes of subsection 12(2) of the Act, the Quebec self-employed persons class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become…

Section 102 — Criteria

For the purpose of determining whether a foreign national, as a member of the self-employed persons class, and their family members will be able to become economically established in Canada, an…

Section 102.1 — Age (10 points)

Points shall be awarded, up to a maximum of 10, for a foreign national’s age on the date on which their application is made, as follows: 10 points for a foreign national 21 years of age or older but…

Section 102.2 — Definitions

The following definitions apply in this section. full-time means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic…

Section 102.3 — Official languages

A foreign national must specify in their application for a permanent resident visa which language — English or French — is to be considered their first official language in Canada.They must have…

Repealed

Section 103

[Repealed, SOR/2016-316, s. 9] A member of the self-employed persons class shall be awarded assessment points up to a maximum of 35 points for relevant experience during the period beginning five…

Repealed

Section 104

[Repealed, SOR/2016-316, s. 10]

Section 105 — Self-employed person

A member of the self-employed persons class shall be awarded assessment points up to a maximum of 6 points for adaptability on the basis of any combination of the following elements: for the…

Repealed

Section 106

[Repealed, SOR/2008-202, s. 6]

Repealed

Section 107

[Repealed, SOR/2018-72, s. 5]

Section 108 — Application for visa

Subject to subsection (5), if a foreign national makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons…

Section 109 — Substitution of evaluation

Whether or not a foreign national has been awarded the minimum number of required points referred to in subsection 108(1), an officer may substitute for the factors set out in subsection 102(1) their…

Repealed