Immigration and Refugee Protection Regulations

Marginal note:Application for visa

• 108 (1) 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 class or the Quebec self-employed persons class for a permanent resident visa, an officer may only issue the visa to the foreign national and their accompanying family members if they meet the requirements of subsection 70(1) and, if applicable,

  • (a) in the case of a foreign national who has made an application under the self-employed persons class and their accompanying family members, who intend to reside in a place in Canada other than a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is awarded the minimum number of points referred to in subsection (4); and

  • (b) in the case of a foreign national and their accompanying family members, who intend to reside in a province whose government has, under subsection 8(1) of the Act, entered into an agreement referred to in subsection 9(1) of the Act with the Minister under which the province has sole responsibility for selection, the foreign national is named in a selection certificate issued by that province.

• (2) and (3) [Repealed, SOR/2016-316, s. 12]

• Marginal note: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 by 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.

• Marginal note:Federal-provincial agreement

  (5) A permanent resident visa shall not be issued to a foreign national as a member of the Quebec investor class, or to their accompanying family members, if the Minister is engaged in consultations with the province in respect of the interpretation or implementation of the agreement, referred to in subsection 9(1) of the Act and entered into under subsection 8(1) of the Act, between the province and the Minister in respect of the selection of investors and the consultations have not been successfully completed.