45. A Québec resident, other than a Québec resident referred to in section 28.1, is presumed to be able to fulfil his undertaking on behalf of the foreign national and the family members accompanying him and to give an undertaking on behalf of the family members of the foreign national who do not accompany him, if he demonstrates to the Minister that he has had, for the 12 months preceding the examination of the application and will continue to have, for the duration of the undertaking, a gross annual income from a Canadian source at least equal to the minimum income required under Schedule B, to which is added the minimum amount required to provide for the basic needs under Schedule C-1.
If 2 spouses or de facto spouses are sponsors in the case provided for in section 23, the total gross annual income of both is used to determine whether or not they have the required minimum income.
If members of a group are sponsors in the case provided for in section 29, the gross annual income of each member of the group is used to determine whether the member has the minimum income required.
Where a person described in the preceding paragraphs has given an undertaking towards the Government or towards the minister responsible for the administration of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) with regard to a foreign national, the monetary obligations stemming from such undertaking must be subtracted from the amount of his gross annual income. The resulting amount is used in the calculation under the preceding paragraphs.
R.R.Q., 1981, c. M-23.1, r. 2, s. 45; O.C. 2057-84, s. 1; O.C. 189-93, s. 7; O.C. 1238-94, s. 15; O.C. 1323-95, s. 15; O.C. 503-98, s. 6; O.C. 728-2002, s. 28; O.C. 351-2003, s. 10; O.C. 838-2006, s. 27.