I-0.2, r. 4 - Regulation respecting the selection of foreign nationals

Full text
47. (1)  The Minister shall issue a certificate of acceptance to a foreign national wishing to stay temporarily in Québec to study in an educational institution where that foreign national:
(a)  includes in his application for a certificate of acceptance:
i.  a letter of acceptance issued by an educational institution;
ii.  documents showing that he has and will continue to have, for the duration of the program or the level of study indicated in his application for a certificate of acceptance, sufficient financial resources to pay, without him having to work in Québec, his round-trip transportation expenses between his place of residence abroad and his destination in Québec, to pay his tuition and study-related fees and to provide for his basic needs and, where applicable, those of his family members accompanying him;
iii.  documents showing that the foreign national and each accompanying family member have health and hospital insurance for the first year of the foreign national’s stay to study in Québec, or the financial resources required to purchase, on the foreign national’s arrival, such insurance or that they are covered by a social security agreement on health;
iv.  where he is under 17 years of age and the holder of parental authority over him is not in Québec, documents certifying that the holder has delegated to a Québec resident of full age his rights and powers of custody, supervision and education and that the Québec resident is able to demonstrate that the conditions of receiving the child are in his interest and respect of his rights;
(b)  undertakes:
i.  to receive instruction in the program or at the level of study indicated in his application for a certificate of acceptance; and
ii.  to make his studies his principal activity; however, that condition does not apply to a foreign national whose temporary stay is primarily intended for work purposes and to accompanying family members, to the family members of the foreign national whose temporary stay is primarily intended for study purposes, or to a foreign national having filed an application with a view to obtaining protection under paragraph b or c of subsection 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);
iii.  to maintain, throughout the stay, health and hospital insurance for the foreign national and each accompanying family member, except if the foreign national is covered by a social security agreement on health for the duration of the stay;
(c)  has paid the fees prescribed in section 57 for the processing of his application for a certificate of acceptance.
(2)  Before the terms of the undertaking referred to in paragraph b of subsection 1 may be changed, the foreign national must submit a new application for a certificate of acceptance.
(3)  For the purposes of subparagraph ii of paragraph a of subsection 1, the foreign national’s financial resources to provide for his basic needs for a year shall be at least equal to the amount for the basic needs established in Schedule C. During the first year of the foreign national’s stay in Québec, the amount for his basic needs shall be increased by $500 to cover his settling-in-expenses. Notwithstanding the foregoing, where a resident of Québec wishes to provide for the basic needs of the foreign national and, where applicable, those of his family members accompanying him, the resident’s annual financial resources shall be at least equal to the total minimum amounts prescribed in Schedules B and C-1.
(4)  (subsection replaced).
(5)  The certificate of acceptance is issued for the duration of the program or the duration of the level of study indicated in the letter of acceptance issued by the educational institution. The certificate is valid for a period of not more than 49 months. At the expiry of the period of validity of the certificate and where the conditions set forth in subparagraphs ii and iii of paragraph a and in paragraph b of subsection 1 have been respected during its period of validity, a new certificate of acceptance may, upon application by the foreign national, be issued to him. If any of the conditions is not complied with, the Minister may refuse to examine and dismiss every application for a certificate of acceptance filed within 6 months after the Minister becomes aware of the non-compliance.
(5.1)  In the case of a child of less than 17 years of age, the duration of the certificate is the same as the duration of the certificate of acceptance or the work permit of the holder of parental authority who accompanies the child or, failing that, 14 months.
(5.2)  (paragraph revoked).
(6)  Subparagraph i of paragraph a of subsection 1 does not apply to an application for a certificate of acceptance by a child of the foreign national seeking to stay temporarily in Québec to study, work or receive medical treatment if that child must attend elementary or secondary school.
(7)  Subparagraph ii of paragraph a of subsection 1 and subsection 3 do not apply to an application for a certificate of acceptance by a child accompanying the holder of parental authority seeking to stay temporarily in Québec to study, work or receive medical treatment if that child must attend elementary or secondary school.
(8)  For the purposes of this section, the level of study is elementary education, secondary education or adult educational services provided for by the Education Act (chapter I-13.3), college level education provided for by the General and Vocational Colleges Act (chapter C-29) or university level education provided for by the Act respecting educational institutions at the university level (chapter E-14.1) and, in the latter case, with identification of the university level of studies;
(9)  Subparagraph a of subsection 1 does not apply to an application for a certificate of acceptance by a foreign national who is a minor child whose situation is the responsibility of a director of youth protection designated in accordance with the Youth Protection Act (chapter P-34.1) or of a local community service centre established in accordance with the Act respecting health services and social services (chapter S-4.2), or who is a minor child who may be exempt from payment of the financial contribution established pursuant to section 473 of the Education Act.
R.R.Q., 1981, c. M-23.1, r. 2, s. 47; O.C. 2057-84, s. 3; O.C. 1504-88, s. 11; O.C. 189-93, s. 8; O.C. 1041-93, s. 4; O.C. 1238-94, s. 18; O.C. 1323-95, s. 16; O.C. 728-2002, s. 32; O.C. 351-2003, s. 12; O.C. 838-2006, s. 29; O.C. 675-2009, s. 6; S.Q. 2013, c. 28, s. 205; 517-2017O.C. 517-2017, s. 2.
47. (1)  The Minister shall issue a certificate of acceptance to a foreign national wishing to stay temporarily in Québec to study in an educational institution where that foreign national:
(a)  includes in his application for a certificate of acceptance:
i.  a letter of acceptance issued by an educational institution;
ii.  documents showing that he has and will continue to have, for the duration of the program or the level of study indicated in his application for a certificate of acceptance, sufficient financial resources to pay, without him having to work in Québec, his round-trip transportation expenses between his place of residence abroad and his destination in Québec, to pay his tuition and study-related fees and to provide for his basic needs and, where applicable, those of his family members accompanying him;
iii.  documents showing that the foreign national and each accompanying family member have health and hospital insurance for the first year of the foreign national’s stay to study in Québec, or the financial resources required to purchase, on the foreign national’s arrival, such insurance or that they are covered by a social security agreement on health;
iv.  where he is under 18 years of age and the holder of parental authority over him is not in Québec, documents certifying that the holder has delegated to a Québec resident of full age his rights and powers of custody, supervision and education and that the Québec resident is able to demonstrate that the conditions of receiving the child are in his interest and respect of his rights;
(b)  undertakes:
i.  to receive instruction in the program or at the level of study indicated in his application for a certificate of acceptance; and
ii.  to make his studies his principal activity; however, that condition does not apply to a foreign national whose temporary stay is primarily intended for work purposes and to accompanying family members, to the family members of the foreign national whose temporary stay is primarily intended for study purposes, or to a foreign national having filed an application with a view to obtaining protection under paragraph b or c of subsection 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);
iii.  to maintain, throughout the stay, health and hospital insurance for the foreign national and each accompanying family member, except if the foreign national is covered by a social security agreement on health for the duration of the stay;
(c)  has paid the fees prescribed in section 57 for the processing of his application for a certificate of acceptance.
(2)  Before the terms of the undertaking referred to in paragraph b of subsection 1 may be changed, the foreign national must submit a new application for a certificate of acceptance.
(3)  For the purposes of subparagraph ii of paragraph a of subsection 1, the foreign national’s financial resources to provide for his basic needs for a year shall be at least equal to the amount for the basic needs established in Schedule C. During the first year of the foreign national’s stay in Québec, the amount for his basic needs shall be increased by $500 to cover his settling-in-expenses. Notwithstanding the foregoing, where a resident of Québec wishes to provide for the basic needs of the foreign national and, where applicable, those of his family members accompanying him, the resident’s annual financial resources shall be at least equal to the total minimum amounts prescribed in Schedules B and C-1.
(4)  (subsection replaced).
(5)  The certificate of acceptance is issued for the duration of the program or the duration of the level of study indicated in the letter of acceptance issued by the educational institution. The certificate is valid for a period of not more than 49 months. At the expiry of the period of validity of the certificate and where the conditions set forth in subparagraphs ii and iii of paragraph a and in paragraph b of subsection 1 have been respected during its period of validity, a new certificate of acceptance may, upon application by the foreign national, be issued to him. If any of the conditions is not complied with, the Minister may refuse to examine and dismiss every application for a certificate of acceptance filed within 6 months after the Minister becomes aware of the non-compliance.
(5.1)  In the case of a minor child, the duration of the certificate is the same as the duration of the certificate of acceptance or the work permit of the holder of parental authority who accompanies the child or, failing that, 14 months.
(5.2)  In the case of a program given by an educational institution that does not hold a permit issued by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology, the certificate of acceptance is issued for a duration of not more than 13 months.
(6)  Subparagraph i of paragraph a of subsection 1 does not apply to an application for a certificate of acceptance by a child of the foreign national seeking to stay temporarily in Québec to study, work or receive medical treatment if that child must attend elementary or secondary school.
(7)  Subparagraph ii of paragraph a of subsection 1 and subsection 3 do not apply to an application for a certificate of acceptance by a child accompanying the holder of parental authority seeking to stay temporarily in Québec to study, work or receive medical treatment if that child must attend elementary or secondary school.
(8)  For the purposes of this section, the level of study is elementary education, secondary education or adult educational services provided for by the Education Act (chapter I-13.3), college level education provided for by the General and Vocational Colleges Act (chapter C-29) or university level education provided for by the Act respecting educational institutions at the university level (chapter E-14.1) and, in the latter case, with identification of the university level of studies;
(9)  Subparagraph a of subsection 1 does not apply to an application for a certificate of acceptance by a foreign national who is a minor child whose situation is the responsibility of a director of youth protection designated in accordance with the Youth Protection Act (chapter P-34.1) or of a local community service centre established in accordance with the Act respecting health services and social services (chapter S-4.2), or who is a minor child who may be exempt from payment of the financial contribution established pursuant to section 473 of the Education Act.
R.R.Q., 1981, c. M-23.1, r. 2, s. 47; O.C. 2057-84, s. 3; O.C. 1504-88, s. 11; O.C. 189-93, s. 8; O.C. 1041-93, s. 4; O.C. 1238-94, s. 18; O.C. 1323-95, s. 16; O.C. 728-2002, s. 32; O.C. 351-2003, s. 12; O.C. 838-2006, s. 29; O.C. 675-2009, s. 6; S.Q. 2013, c. 28, s. 205.
47. (1)  The Minister shall issue a certificate of acceptance to a foreign national wishing to stay temporarily in Québec to study in an educational institution where that foreign national:
(a)  includes in his application for a certificate of acceptance:
i.  a letter of acceptance issued by an educational institution;
ii.  documents showing that he has and will continue to have, for the duration of the program or the level of study indicated in his application for a certificate of acceptance, sufficient financial resources to pay, without him having to work in Québec, his round-trip transportation expenses between his place of residence abroad and his destination in Québec, to pay his tuition and study-related fees and to provide for his basic needs and, where applicable, those of his family members accompanying him;
iii.  documents showing that the foreign national and each accompanying family member have health and hospital insurance for the first year of the foreign national’s stay to study in Québec, or the financial resources required to purchase, on the foreign national’s arrival, such insurance or that they are covered by a social security agreement on health;
iv.  where he is under 18 years of age and the holder of parental authority over him is not in Québec, documents certifying that the holder has delegated to a Québec resident of full age his rights and powers of custody, supervision and education and that the Québec resident is able to demonstrate that the conditions of receiving the child are in his interest and respect of his rights;
(b)  undertakes:
i.  to receive instruction in the program or at the level of study indicated in his application for a certificate of acceptance; and
ii.  to make his studies his principal activity; however, that condition does not apply to a foreign national whose temporary stay is primarily intended for work purposes and to accompanying family members, to the family members of the foreign national whose temporary stay is primarily intended for study purposes, or to a foreign national having filed an application with a view to obtaining protection under paragraph b or c of subsection 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);
iii.  to maintain, throughout the stay, health and hospital insurance for the foreign national and each accompanying family member, except if the foreign national is covered by a social security agreement on health for the duration of the stay;
(c)  has paid the fees prescribed in section 57 for the processing of his application for a certificate of acceptance.
(2)  Before the terms of the undertaking referred to in paragraph b of subsection 1 may be changed, the foreign national must submit a new application for a certificate of acceptance.
(3)  For the purposes of subparagraph ii of paragraph a of subsection 1, the foreign national’s financial resources to provide for his basic needs for a year shall be at least equal to the amount for the basic needs established in Schedule C. During the first year of the foreign national’s stay in Québec, the amount for his basic needs shall be increased by $500 to cover his settling-in-expenses. Notwithstanding the foregoing, where a resident of Québec wishes to provide for the basic needs of the foreign national and, where applicable, those of his family members accompanying him, the resident’s annual financial resources shall be at least equal to the total minimum amounts prescribed in Schedules B and C-1.
(4)  (subsection replaced).
(5)  The certificate of acceptance is issued for the duration of the program or the duration of the level of study indicated in the letter of acceptance issued by the educational institution. The certificate is valid for a period of not more than 49 months. At the expiry of the period of validity of the certificate and where the conditions set forth in subparagraphs ii and iii of paragraph a and in paragraph b of subsection 1 have been respected during its period of validity, a new certificate of acceptance may, upon application by the foreign national, be issued to him. If any of the conditions is not complied with, the Minister may refuse to examine and dismiss every application for a certificate of acceptance filed within 6 months after the Minister becomes aware of the non-compliance.
(5.1)  In the case of a minor child, the duration of the certificate is the same as the duration of the certificate of acceptance or the work permit of the holder of parental authority who accompanies the child or, failing that, 14 months.
(5.2)  In the case of a program given by an educational institution that does not hold a permit issued by the Minister of Education, Recreation and Sports, the certificate of acceptance is issued for a duration of not more than 13 months.
(6)  Subparagraph i of paragraph a of subsection 1 does not apply to an application for a certificate of acceptance by a child of the foreign national seeking to stay temporarily in Québec to study, work or receive medical treatment if that child must attend elementary or secondary school.
(7)  Subparagraph ii of paragraph a of subsection 1 and subsection 3 do not apply to an application for a certificate of acceptance by a child accompanying the holder of parental authority seeking to stay temporarily in Québec to study, work or receive medical treatment if that child must attend elementary or secondary school.
(8)  For the purposes of this section, the level of study is elementary education, secondary education or adult educational services provided for by the Education Act (chapter I-13.3), college level education provided for by the General and Vocational Colleges Act (chapter C-29) or university level education provided for by the Act respecting educational institutions at the university level (chapter E-14.1) and, in the latter case, with identification of the university level of studies;
(9)  Subparagraph a of subsection 1 does not apply to an application for a certificate of acceptance by a foreign national who is a minor child whose situation is the responsibility of a director of youth protection designated in accordance with the Youth Protection Act (chapter P-34.1) or of a local community service centre established in accordance with the Act respecting health services and social services (chapter S-4.2), or who is a minor child who may be exempt from payment of the financial contribution established pursuant to section 473 of the Education Act.
R.R.Q., 1981, c. M-23.1, r. 2, s. 47; O.C. 2057-84, s. 3; O.C. 1504-88, s. 11; O.C. 189-93, s. 8; O.C. 1041-93, s. 4; O.C. 1238-94, s. 18; O.C. 1323-95, s. 16; O.C. 728-2002, s. 32; O.C. 351-2003, s. 12; O.C. 838-2006, s. 29; O.C. 675-2009, s. 6.