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

Marginal note:Documentation

• 98.07 (1) An applicant must provide documentation to establish that they are a member of the start-up business class, including

  • (a) written or electronic evidence, provided by an entity that was designated on the day on which the application is made, that indicates that the entity made a commitment with the applicant;

  • (b) the results of a language proficiency evaluation referred to in paragraph 98.01(2)(b); and

  • (c) written or electronic evidence that they have the funds required under paragraph 98.01(2)(c).

• Marginal note:Production of other documents

  (2) In evaluating an application in the start-up business class, an officer may, in addition to these documents, require the production of documents that are in the possession or control of the applicant or of the entity making the commitment and that relate to the applicant, the commitment or the business.

Marginal note:Assessment of commitment

• 98.08 (1) If the officer is not satisfied that the entity assessed the applicant and the applicant’s business in a manner consistent with industry standards or is not satisfied that the terms of the commitment are consistent with industry standards, the officer may refuse to issue the permanent resident visa.

• Marginal note:Multiple applicants

  (2) If there is more than one applicant in respect of the same business and one of the applicants who was identified in the commitment as being essential to the business is refused a permanent resident visa for any reason or withdraws their application, the other applicants must be considered not to have met the requirements of subsection 98.01(2) and their permanent resident visa must also be refused.

Marginal note:Peer review

• 98.09 (1) An officer may request that a commitment, the applicants and designated entities party to the commitment and the qualifying business to which the commitment relates be independently assessed by a peer review panel established under an agreement referred to in section 98.02 by an organization that has expertise with respect to the type of entity making the commitment.

• Marginal note:Grounds for request

  (2) The request may be made if the officer is of the opinion that an independent assessment would assist in the application process. The request may also be made on a random basis.

• Marginal note:Independent assessment

  (3) The peer review panel’s assessment must be independent and take industry standards into account.

• Marginal note:Assessment not binding

  (4) An officer who requests an independent assessment is not bound by it.

Marginal note:Substituted evaluation

• 98.10 (1) An officer may substitute their evaluation of the applicant’s ability to become economically established in Canada for the requirements set out in subsection 98.01(2), if meeting or failing to meet those requirements is not a sufficient indicator of whether the applicant will become economically established in Canada.

• Marginal note:Exception

  (2) However, a substitute evaluation must not be conducted for an applicant who did not have a commitment from a designated entity on the day on which they made their application.

• Marginal note:Concurrence

  (3) A substitute evaluation made under subsection (1) requires the written concurrence of a second officer.

Marginal note:Inspections — organization

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

  • (a) the officer has a reason to suspect that the organization is not complying or has not complied with any of the conditions set out in subsection 98.02(3);

  • (b) the organization has not complied with those conditions in the past;

  • (c) the organization is chosen as part of a random verification of compliance with those conditions; and

  • (d) as part of routine monitoring activities, the organization is monitored to ensure that it respects those conditions.

• Marginal note:Inspections — designated entity

  (2) An officer may inspect an entity designated under subsection 98.03(1) in any of the following circumstances:

  • (a) the officer has a reason to suspect that the entity is not complying or has not complied with any of the conditions set out in subsection 98.03(3);

  • (b) the entity has not complied with those conditions in the past;

  • (c) the entity is chosen as part of a random verification of compliance with those conditions; and

  • (d) as part of routine monitoring activities, the entity is monitored to ensure that it respects those conditions.

• Marginal note:Other inspection

  (3) In addition, the powers set out in sections 98.12 and 98.13 may be exercised with respect to

  • (a) a designated entity, if an officer is inspecting an organization in accordance with subsection (1) and an inspection of the designated entity is necessary to verify that the organization is in compliance with the conditions set out in subsection 98.02(3); or

  • (b) an organization that has entered into an agreement referred to in subsection 98.02(1), if an officer is inspecting a designated entity in accordance with subsection (2) and an inspection of the organization is necessary to verify that the designated entity is in compliance with the conditions set out in subsection 98.03(3).

• Marginal note:Inspections — business

  (4) The powers set out in sections 98.12 and 98.13 may be exercised with respect to a business that is the subject of a commitment by a designated entity with respect to the start-up business class if an officer is inspecting that designated entity in accordance with subsection (2) and an inspection of the business is necessary to verify that the designated entity is in compliance with the conditions set out in subsection 98.03(3).

• Marginal note:Inspections — third party

  (5) The powers set out in section 98.12 may be exercised with respect to a third party if an officer is inspecting an organization in accordance with subsection (1) or a designated entity in accordance with subsection (2) and an inspection of the third party is necessary to verify that that organization or that designated entity is in compliance with the conditions set out in subsection 98.02(3) or 98.03(3), as the case may be.

Marginal note:Answering questions and providing documents

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

  • (a) require the organization, the designated entity, a business that is the subject of a commitment or a third party to provide the officer with any relevant document; and

  • (b)  require any employee or representative of the organization, designated entity, or a business that is the subject of a commitment or a third party to report at any specified time and place to answer questions and provide relevant documents.

• Marginal note:Justification

  (2) A failure to comply with an obligation under paragraph (1)(a) or (b) is justified if the person, organization, entity or business made all reasonable efforts to comply with the obligation or if the failure results from anything done or omitted to be done by them in good faith.

Marginal note:Entry to verify compliance

• 98.13 (1) 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 with the relevant conditions, enter and inspect any premises or place in which business is conducted by the organization, the designated entity or a business that is the subject of a commitment.

• Marginal note:Powers in place or on premises

  (2) When on the premises or in the place the officer may

  • (a) ask any relevant questions of an employee or representative of the organization, designated entity or business that is the subject of a commitment;

  • (b) require from the organization, the designated entity or the business that is the subject of a commitment any relevant documents found in the premises or the place for examination;

  • (c) use copying equipment, or require that the organization, the designated entity or the business that is the subject of a commitment provide copies of those documents to be examined away from the premises or the place or, if it is not possible to make copies in the premises or the place, remove the relevant documents to make copies;

  • (d) take photographs and make video or audio recordings;

  • (e) examine anything in the premises or the place;

  • (f) require the organization, the designated entity or the business that is the subject of a commitment to use any computer or other electronic device in the premises or the place to allow the officer to examine any relevant document contained in or available to it; and

  • (g) be accompanied or assisted in the premises or the place by any person required by the officer.

• Marginal note:Obligation

  (3) An organization, entity, or a business that is the subject of a commitment, must, on request, provide an employee or representative to attend any inspection referred to in subsection (1), to give all reasonable assistance to the officer conducting that inspection and to provide that officer with any document or information that the officer requires.

• Marginal note:Justification

  (4) A failure to comply with an obligation under paragraph (2)(b), (c) or (f) or subsection (3) is justified if the organization, entity, or a business that is the subject of a commitment made all reasonable efforts to comply with the obligation or if the failure results from anything done or omitted to be done by them in good faith.

• Marginal note:Entering private property

  (5) An officer and any person accompanying the officer may enter on and pass through private property, other than a dwelling-house, to gain entry to the premises or the place. For greater certainty, they are not liable for doing so.

• Marginal note:Person accompanying officer

  (6) A person may, at an officer’s request, accompany the officer to assist them to access the premises or the place.

• Marginal note:Dwelling-house

  (7) In the case of a dwelling-house, an officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (8).

• Marginal note:Issuance of warrant

  (8) On ex parte application, a justice of the peace may issue a warrant authorizing an officer who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that

  • (a) there are reasonable grounds to believe that the dwelling-house is a premises or place referred to in subsection (1);

  • (b) entry into the dwelling-house is necessary to verify compliance with the conditions set out in subsection 98.02(3) or 98.03(3), as the case may be; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

99 [Repealed, SOR/2016-316, s. 6]

Self-employed Persons

Self-employed Persons Class

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.

Quebec Self-employed Persons Class

Marginal note:Class

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

• Marginal note:Member of class

  (2) A foreign national is a member of the Quebec self-employed persons class if they

  • (a) intend to reside in Quebec; and

  • (b) are named in a Certificat de sélection du Québec issued by Quebec.

Selection Criteria

General

Marginal note:Criteria

• 102 (1) For the purpose of determining whether a foreign national, as a member of the self-employed persons class, and their family members will be able to become economically established in Canada, an officer shall assess the foreign national on the basis of the following factors:

  • (a) age, in accordance with section 102.1;

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

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

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

  • (e) adaptability, in accordance with section 105.

• 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.

Marginal note:Definitions

• 102.2 (1) The following definitions apply in this section.

  full-time

  full-time means, in relation to a program of study leading to an educational credential, at least 15 hours of instruction per week during the academic year, including any period of training in the workplace that forms part of the course of instruction. (temps plein)

  full-time equivalent

  full-time equivalent means, in respect of part-time or accelerated studies, the number of years that would have been required to complete the equivalent of those studies on a full-time basis. (équivalent temps plein)

• Marginal note:Education (25 points)

  (2) Points shall be awarded, to a maximum of 25, for a foreign national’s education as follows:

  • (a) 5 points for a secondary school educational credential;

  • (b) 12 points for a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 12 years of completed full-time or full-time equivalent studies;

  • (c) 15 points for

    • (i) a one-year post-secondary educational credential, other than a university educational credential, and a total of at least 13 years of completed full-time or full-time equivalent studies, or

    • (ii) a one-year university educational credential at the bachelor’s level and a total of at least 13 years of completed full-time or full-time equivalent studies;

  • (d) 20 points for

    • (i) a two-year post-secondary educational credential, other than a university educational credential, and a total of at least 14 years of completed full-time or full-time equivalent studies, or

    • (ii) a two-year university educational credential at the bachelor’s level and a total of at least 14 years of completed full-time or full-time equivalent studies;

  • (e) 22 points for

    • (i) a three-year post-secondary educational credential, other than a university educational credential, and a total of at least 15 years of completed full-time or full-time equivalent studies, or

    • (ii) two or more university educational credentials at the bachelor’s level and a total of at least 15 years of completed full-time or full-time equivalent studies; and

  • (f) 25 points for a university educational credential at the master’s or doctoral level and a total of at least 17 years of completed full-time or full-time equivalent studies.

• Marginal note:More than one educational credential

  (3) For the purposes of subsection (2), points

  • (a) shall not be awarded cumulatively on the basis of more than one educational credential; and

  • (b) shall be awarded

    • (i) for the purposes of paragraphs (2)(a) to (d), subparagraph (2)(e)(i) and paragraph (2)(f), on the basis of the educational credential that results in the highest number of points, and

    • (ii) for the purposes of subparagraph (2)(e)(ii), on the basis of the combined educational credentials referred to in that paragraph.

• Marginal note:Special circumstances

  (4) For the purposes of subsection (2), if a foreign national has an educational credential referred to in any of paragraphs (2)(b) to (f), but not the total number of years of full-time or full-time equivalent studies required, the foreign national shall be awarded the same number of points as the number of years of completed full-time or full-time equivalent studies set out in the paragraph.