40.1.The Minister may issue a selection certificate to a foreign national belonging to the economic class if he is of the opinion that the results obtained upon the assessment of the application do not reflect the foreign national’s potential for settling in Québec, particularly:
(1) because that foreign national is a family member abroad of a person described in sections 110 to 115 of the Immigration and Refugee Protection Regulations (SOR/02-227) or in section 25 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) and the foreign national is covered by an undertaking subscribed to on the form prescribed by the Minister:
(a) by the person who meets the conditions prescribed in subparagraph b.5 of the first paragraph of section 23 and sections 42 and 46.1 to 46.3;
(b) for the period provided for in subparagraphs i to iii of subparagraph a of the first paragraph of section 23;
(2) because the foreign national is covered by an undertaking given for 5 years on the form prescribed by the Minister
(a) by a Québec resident who satisfies the conditions in subparagraphs b to b.5 of the first paragraph of section 23, the second paragraph of section 23, if applicable, paragraphs e and f of section 28.1, and sections 42 and 44 to 46.3; or
(b) by a legal person who satisfies the conditions in sections 28, 42 and 44 to 46.3.
O.C. 413-2000, s. 11; O.C. 728-2002, s. 24; O.C. 838-2006, s. 25; O.C. 675-2009, s. 5.