Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Exception

99. A foreign national who is an entrepreneur selected by a province shall not be assessed in accordance with section 102.

Marginal note:Members of the class

• 100. (1) For the purposes of subsection 12(2) of the Act, the self-employed persons class is hereby prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada and who are self-employed persons within the meaning of subsection 88(1).

• Marginal note:Minimal requirements

  (2) If a foreign national who applies as a member of the self-employed persons class is not a self-employed person within the meaning of subsection 88(1), the application shall be refused and no further assessment is required.

Marginal note:Exception

101. A foreign national who is a self-employed person selected by a province shall not be assessed in accordance with section 102.

Marginal note:Criteria

• 102. (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 102.1;

  • (b) education, in accordance with section 102.2;

  • (c) proficiency in the official languages of Canada, in accordance with section 102.3;

  • (d) experience, in accordance with section 103; and

  • (e) adaptability, in accordance with section 104 in the case of a member of the investor class or the entrepreneur class, and in accordance with section 105 in the case of a member of the self-employed persons class.

• Marginal note:Units of assessment

  (2) A foreign national who is assessed on the basis of the factors set out in paragraphs (1)(a) to (e) shall be awarded the applicable number of assessment points for each factor set out in the provision referred to in each of those paragraphs, subject to the maximum number set out in that provision for that factor.

Marginal note:Age (10 points)

102.1 Points shall be awarded, up to a maximum of 10, for a foreign national’s age on the date on which their application is made, as follows:

• (a) 10 points for a foreign national 21 years of age or older but less than 50 years of age;

• (b) 8 points for a foreign national 20 or 50 years of age;

• (c) 6 points for a foreign national 19 or 51 years of age;

• (d) 4 points for a foreign national 18 or 52 years of age;

• (e) 2 points for a foreign national 17 or 53 years of age; and

• (f) 0 points, for a foreign national under 17 years of age or 54 years of age or older.