I-0.2.1, r. 3 - Québec Immigration Regulation

Full text
1. In this Regulation,
accompanying family member means, with respect to a foreign national, a family member who is selected by the Minister to accompany the foreign national to Québec where the foreign national is selected; (membre de la famille qui l’accompagne)
Act means the Québec Immigration Act (chapter I-0.2.1); (Loi)
basic needs means food, clothing, personal necessities and any other expenses pertaining to living in a house or a dwelling. Such needs also include any special benefits awarded by the Gouvernement du Québec under the Individual and Family Assistance Act (chapter A-13.1.1) and referred to in section 83 and Schedules I to III to the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1); (besoins essentiels)
child means, with respect to any person, the child of whom that person is the biological father or mother and was not adopted by a person other than the spouse or de facto spouse of one of the parents, or the adopted child of whom that person is either of the adoptive parents; (enfant)
conjugal partner means, with respect to a person, a person at least 16 years of age residing outside Canada who has been in a conjugal relationship with the person for at least 1 year; (partenaire conjugal)
de facto spouse means a person at least 16 years of age who is in one of the following situations:
(1)  the person has been living for at least 1 year with a person of the opposite sex or the same sex who is at least 16 years of age; or
(2)  the person has had a conjugal relationship for at least 1 year with such a person but, since the person is being persecuted or the subject of any form of penal control, cannot live with that person; (conjoint de fait)
dependent child means a child who
(1)  is less than 22 years of age and is not a spouse or de facto spouse; or
(2)  is 22 years of age or older and has depended substantially on the financial support of one of the parents since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition; (enfant à charge)
educational institution means
(1)  an educational institution within the meaning of section 36 of the Education Act (chapter I-13.3);
(2)  a college established in accordance with section 2 of the General and Vocational Colleges Act (chapter C-29);
(3)  a private educational institution for which a permit has been issued under section 10 of the Act respecting private education (chapter E-9.1);
(4)  an educational institution operated under an Act of Québec by a government department or a body that is a mandatary of the State or an arts training institution recognized by the Ministère de la Culture et des Communications;
(5)  the Conservatoire de musique et d’art dramatique du Québec established pursuant to the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);
(6)  an educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); (établissement d’enseignement)
employer means a person, enterprise or organization established in Québec and that exercises daily control on work carried out by an employee and that is responsible for hiring, firing, disciplining, training, assessing work, affecting positions, remuneration and integration of the employee in the enterprise or organization; (employeur)
employment or work means any activity for which a person receives valuable consideration; (emploi ou travail)
enterprise accelerator means an organization having an establishment in Québec that offers support services, in particular, in the search for financing, to persons whose business projects involve the growth of innovative enterprises; (accélérateur d’entreprises)
enterprise incubator means an organization having an establishment in Québec and that offers coaching services, in particular, hosting, to persons whose business projects involve the creation of innovative enterprises; (incubateur d’entreprises)
family member means, with respect to a person, a person who is
(1)  the spouse or de facto spouse; and
(2)  the dependent child of that person or of the spouse or de facto spouse and, where applicable, the dependent child of that child; (membre de la famille)
financial institution means a bank having an establishment in Québec and that is a member of the Canada Deposit Insurance Corporation and that is governed by the Bank Act (S.C. 1991, c. 46) or a financial services cooperative within the meaning of the Act respecting financial services cooperatives (chapter C-67.3); (institution financière)
investment dealer means a person registered as such within the meaning of section 1.1 of Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations (chapter V-1.1, r. 10); (courtier en placement)
management experience means the assuming of duties related to the planning, management and control of financial resources and of human or material resources under the person’s authority; the experience does not include the experience acquired in the context of an apprenticeship, training or specialization process attested to by a diploma; (expérience en gestion)
National Occupational Classification means the document by that name published by the Government of Canada; (Classification nationale des professions)
nephew or niece means, with respect to a person, the child of the sister or brother of that person; (neveu ou nièce)
parent means, with respect to a person, ascendant in the first degree; (parent)
Québec diploma means one of the following diplomas, attesting to at least 1 year of full-time studies:
(1)  a diploma issued by the Minister of Education, Recreation and Sports or the Minister responsible for Higher Education or by a Québec university;
(2)  a diploma issued by a college-level educational institution for training acquired in Québec.
The following is deemed to be a Québec diploma:
(1)  a diploma issued by the minister responsible for education of a Canadian province or territory or by a university therein;
(2)  a diploma or training acquired outside Québec and recognized as equivalent by a Québec professional or trade regulatory body, except a diploma leading to the practice of the profession of physician according to code 3111 or 3112 of the National Occupational Classification;
(3)  a diploma or training acquired outside Québec and related to a profession or trade regulated in Québec, where the holder holds an authorization to practise the profession or trade issued by a Québec regulatory body;
(4)  evidence certifying successful completion of formal training acquired outside Québec, related to a profession governed by a professional order in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the holder has the legal authorization to practise required by that arrangement;
(5)  evidence certifying successful completion of formal training acquired outside Québec, related to a trade regulated in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the Québec regulatory body certifies that the holder meets the conditions regarding training and, where applicable, professional experience required by that arrangement; (diplôme du Québec)
Québec resident means any Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) who is domiciled in Québec; (résidant du Québec)
relative means, with respect to a person, the person who is connected to the other by blood relationship or by adoption; (membre de la parenté)
sponsor means a person who gives an undertaking on behalf of a foreign national; (garant)
spouse means a married person who is at least 16 years of age
(1)  who was not, at the time of the marriage, another person’s spouse; and
(2)  who is not the de facto spouse of another person while living separately from the spouse for at least 1 year; (époux)
trust company means a trust company within the meaning of the Trust Companies and Savings Companies Act (chapter S-29.02) or the Trust and Loan Companies Act (S.C. 1991, c. 45); (société de fiducie)
university entrepreneurship centre means an organization managed by an institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level or an organization affiliated to such an institution and that offers coaching services to entrepreneurs. (centre d’entrepreneuriat universitaire)
963-2018O.C. 963-2018, s. 1.
1. In this Regulation,
accompanying family member means, with respect to a foreign national, a family member who is selected by the Minister to accompany the foreign national to Québec where the foreign national is selected; (membre de la famille qui l’accompagne)
Act means the Québec Immigration Act (chapter I-0.2.1); (Loi)
basic needs means food, clothing, personal necessities and any other expenses pertaining to living in a house or a dwelling. Such needs also include any special benefits awarded by the Gouvernement du Québec under the Individual and Family Assistance Act (chapter A-13.1.1) and referred to in section 83 and Schedules I to III to the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1); (besoins essentiels)
child means, with respect to any person, the child of whom that person is the biological father or mother and was not adopted by a person other than the spouse or de facto spouse of one of the parents, or the adopted child of whom that person is either of the adoptive parents; (enfant)
conjugal partner means, with respect to a person, a person at least 16 years of age residing outside Canada who has been in a conjugal relationship with the person for at least 1 year; (partenaire conjugal)
de facto spouse means a person at least 16 years of age who is in one of the following situations:
(1)  the person has been living for at least 1 year with a person of the opposite sex or the same sex who is at least 16 years of age; or
(2)  the person has had a conjugal relationship for at least 1 year with such a person but, since the person is being persecuted or the subject of any form of penal control, cannot live with that person; (conjoint de fait)
dependent child means a child who
(1)  is less than 22 years of age and is not a spouse or de facto spouse; or
(2)  is 22 years of age or older and has depended substantially on the financial support of one of the parents since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition; (enfant à charge)
educational institution means
(1)  an educational institution within the meaning of section 36 of the Education Act (chapter I-13.3);
(2)  a college established in accordance with section 2 of the General and Vocational Colleges Act (chapter C-29);
(3)  a private educational institution for which a permit has been issued under section 10 of the Act respecting private education (chapter E-9.1);
(4)  an educational institution operated under an Act of Québec by a government department or a body that is a mandatary of the State or an arts training institution recognized by the Ministère de la Culture et des Communications;
(5)  the Conservatoire de musique et d’art dramatique du Québec established pursuant to the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);
(6)  an educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); (établissement d’enseignement)
employer means a person, enterprise or organization established in Québec and that exercises daily control on work carried out by an employee and that is responsible for hiring, firing, disciplining, training, assessing work, affecting positions, remuneration and integration of the employee in the enterprise or organization; (employeur)
employment or work means any activity for which a person receives valuable consideration; (emploi ou travail)
enterprise accelerator means an organization having an establishment in Québec that offers support services, in particular, in the search for financing, to persons whose business projects involve the growth of innovative enterprises; (accélérateur d’entreprises)
enterprise incubator means an organization having an establishment in Québec and that offers coaching services, in particular, hosting, to persons whose business projects involve the creation of innovative enterprises; (incubateur d’entreprises)
family member means, with respect to a person, a person who is
(1)  the spouse or de facto spouse; and
(2)  the dependent child of that person or of the spouse or de facto spouse and, where applicable, the dependent child of that child; (membre de la famille)
financial institution means a bank having an establishment in Québec and that is a member of the Canada Deposit Insurance Corporation and that is governed by the Bank Act (S.C. 1991, c. 46) or a financial services cooperative within the meaning of the Act respecting financial services cooperatives (chapter C-67.3); (institution financière)
investment dealer means a person registered as such within the meaning of section 1.1 of Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations (chapter V-1.1, r. 10); (courtier en placement)
management experience means the assuming of duties related to the planning, management and control of financial resources and of human or material resources under the person’s authority; the experience does not include the experience acquired in the context of an apprenticeship, training or specialization process attested to by a diploma; (expérience en gestion)
National Occupational Classification means the document by that name published by the Government of Canada; (Classification nationale des professions)
nephew or niece means, with respect to a person, the child of the sister or brother of that person; (neveu ou nièce)
parent means, with respect to a person, ascendant in the first degree; (parent)
Québec diploma means one of the following diplomas, attesting to at least 1 year of full-time studies:
(1)  a diploma issued by the Minister of Education, Recreation and Sports or the Minister responsible for Higher Education or by a Québec university;
(2)  a diploma issued by a college-level educational institution for training acquired in Québec.
The following is deemed to be a Québec diploma:
(1)  a diploma issued by the minister responsible for education of a Canadian province or territory or by a university therein;
(2)  a diploma or training acquired outside Québec and recognized as equivalent by a Québec professional or trade regulatory body, except a diploma leading to the practice of the profession of physician according to code 3111 or 3112 of the National Occupational Classification;
(3)  a diploma or training acquired outside Québec and related to a profession or trade regulated in Québec, where the holder holds an authorization to practise the profession or trade issued by a Québec regulatory body;
(4)  evidence certifying successful completion of formal training acquired outside Québec, related to a profession governed by a professional order in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the holder has the legal authorization to practise required by that arrangement;
(5)  evidence certifying successful completion of formal training acquired outside Québec, related to a trade regulated in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the Québec regulatory body certifies that the holder meets the conditions regarding training and, where applicable, professional experience required by that arrangement; (diplôme du Québec)
Québec resident means any Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) who is domiciled in Québec; (résidant du Québec)
relative means, with respect to a person, the person who is connected to the other by blood relationship or by adoption; (membre de la parenté)
sponsor means a person who gives an undertaking on behalf of a foreign national; (garant)
spouse means a married person who is at least 16 years of age
(1)  who was not, at the time of the marriage, another person’s spouse; and
(2)  who is not the de facto spouse of another person while living separately from the spouse for at least 1 year; (époux)
trust company means a trust company within the meaning of the Act respecting trust companies and savings companies (chapter S-29.01) or the Trust and Loan Companies Act (S.C. 1991, c. 45); (société de fiducie)
university entrepreneurship centre means an organization managed by an institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level or an organization affiliated to such an institution and that offers coaching services to entrepreneurs. (centre d’entrepreneuriat universitaire)
963-2018O.C. 963-2018, s. 1.
In force: 2018-08-02
1. In this Regulation,
accompanying family member means, with respect to a foreign national, a family member who is selected by the Minister to accompany the foreign national to Québec where the foreign national is selected; (membre de la famille qui l’accompagne)
Act means the Act respecting immigration to Québec (chapter I-0.2.1); (Loi)
basic needs means food, clothing, personal necessities and any other expenses pertaining to living in a house or a dwelling. Such needs also include any special benefits awarded by the Gouvernement du Québec under the Individual and Family Assistance Act (chapter A-13.1.1) and referred to in section 83 and Schedules I to III to the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1); (besoins essentiels)
child means, with respect to any person, the child of whom that person is the biological father or mother and was not adopted by a person other than the spouse or de facto spouse of one of the parents, or the adopted child of whom that person is either of the adoptive parents; (enfant)
conjugal partner means, with respect to a person, a person at least 16 years of age residing outside Canada who has been in a conjugal relationship with the person for at least 1 year; (partenaire conjugal)
de facto spouse means a person at least 16 years of age who is in one of the following situations:
(1)  the person has been living for at least 1 year with a person of the opposite sex or the same sex who is at least 16 years of age; or
(2)  the person has had a conjugal relationship for at least 1 year with such a person but, since the person is being persecuted or the subject of any form of penal control, cannot live with that person; (conjoint de fait)
dependent child means a child who
(1)  is less than 22 years of age and is not a spouse or de facto spouse; or
(2)  is 22 years of age or older and has depended substantially on the financial support of one of the parents since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition; (enfant à charge)
educational institution means
(1)  an educational institution within the meaning of section 36 of the Education Act (chapter I-13.3);
(2)  a college established in accordance with section 2 of the General and Vocational Colleges Act (chapter C-29);
(3)  a private educational institution for which a permit has been issued under section 10 of the Act respecting private education (chapter E-9.1);
(4)  an educational institution operated under an Act of Québec by a government department or a body that is a mandatary of the State or an arts training institution recognized by the Ministère de la Culture et des Communications;
(5)  the Conservatoire de musique et d’art dramatique du Québec established pursuant to the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);
(6)  an educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1); (établissement d’enseignement)
employer means a person, enterprise or organization established in Québec and that exercises daily control on work carried out by an employee and that is responsible for hiring, firing, disciplining, training, assessing work, affecting positions, remuneration and integration of the employee in the enterprise or organization; (employeur)
employment or work means any activity for which a person receives valuable consideration; (emploi ou travail)
enterprise accelerator means an organization having an establishment in Québec that offers support services, in particular, in the search for financing, to persons whose business projects involve the growth of innovative enterprises; (accélérateur d’entreprises)
enterprise incubator means an organization having an establishment in Québec and that offers coaching services, in particular, hosting, to persons whose business projects involve the creation of innovative enterprises; (incubateur d’entreprises)
family member means, with respect to a person, a person who is
(1)  the spouse or de facto spouse; and
(2)  the dependent child of that person or of the spouse or de facto spouse and, where applicable, the dependent child of that child; (membre de la famille)
financial institution means a bank having an establishment in Québec and that is a member of the Canada Deposit Insurance Corporation and that is governed by the Bank Act (S.C. 1991, c. 46) or a financial services cooperative within the meaning of the Act respecting financial services cooperatives (chapter C-67.3); (institution financière)
investment dealer means a person registered as such within the meaning of section 1.1 of Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations (chapter V-1.1, r. 10); (courtier en placement)
management experience means the assuming of duties related to the planning, management and control of financial resources and of human or material resources under the person’s authority; the experience does not include the experience acquired in the context of an apprenticeship, training or specialization process attested to by a diploma; (expérience en gestion)
National Occupational Classification means the document by that name published by the Government of Canada; (Classification nationale des professions)
nephew or niece means, with respect to a person, the child of the sister or brother of that person; (neveu ou nièce)
parent means, with respect to a person, ascendant in the first degree; (parent)
Québec diploma means one of the following diplomas, attesting to at least 1 year of full-time studies:
(1)  a diploma issued by the Minister of Education, Recreation and Sports or the Minister responsible for Higher Education or by a Québec university;
(2)  a diploma issued by a college-level educational institution for training acquired in Québec.
The following is deemed to be a Québec diploma:
(1)  a diploma issued by the minister responsible for education of a Canadian province or territory or by a university therein;
(2)  a diploma or training acquired outside Québec and recognized as equivalent by a Québec professional or trade regulatory body, except a diploma leading to the practice of the profession of physician according to code 3111 or 3112 of the National Occupational Classification;
(3)  a diploma or training acquired outside Québec and related to a profession or trade regulated in Québec, where the holder holds an authorization to practise the profession or trade issued by a Québec regulatory body;
(4)  evidence certifying successful completion of formal training acquired outside Québec, related to a profession governed by a professional order in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the holder has the legal authorization to practise required by that arrangement;
(5)  evidence certifying successful completion of formal training acquired outside Québec, related to a trade regulated in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the Québec regulatory body certifies that the holder meets the conditions regarding training and, where applicable, professional experience required by that arrangement; (diplôme du Québec)
Québec resident means any Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) who is domiciled in Québec; (résidant du Québec)
relative means, with respect to a person, the person who is connected to the other by blood relationship or by adoption; (membre de la parenté)
sponsor means a person who gives an undertaking on behalf of a foreign national; (garant)
spouse means a married person who is at least 16 years of age
(1)  who was not, at the time of the marriage, another person’s spouse; and
(2)  who is not the de facto spouse of another person while living separately from the spouse for at least 1 year; (époux)
trust company means a trust company within the meaning of the Act respecting trust companies and savings companies (chapter S-29.01) or the Trust and Loan Companies Act (S.C. 1991, c. 45); (société de fiducie)
university entrepreneurship centre means an organization managed by an institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level or an organization affiliated to such an institution and that offers coaching services to entrepreneurs. (centre d’entrepreneuriat universitaire)
963-2018O.C. 963-2018, s. 1.