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

Updated to 31 December 2015

This document has official status.

chapter I-0.2, r. 4

Regulation respecting the selection of foreign nationals

Act respecting immigration to Québec

(chapter I-0.2, s. 3.3).

The fees prescribed in the Regulation have been indexed as of 1 January 2015 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 20 December 2014, page 1242. (ss. 55, 56, 56.1, 57, 57.1)

The scales prescribed in the Regulation have been indexed as of 1 January 2015 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 20 December 2014, page 1247. (Sch. B, C and C-1)

DIVISION I GENERAL PROVISIONS

§ 1 . — Definitions and interpretation

1. (1)  In this Regulation, unless the context indicates otherwise,

(a)  “National Occupational Classification” means the document by that name published by the Government of Canada;

(a.1)  “de facto spouse” means a person at least 16 years of age who is in one of the following situations:

i.  the person has been cohabiting 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

ii.  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;

(b)  “Convention” means the United Nations Convention Relating to the Status of Refugees, signed in Geneva on 28 July 1951 and the Protocol signed in New York on 31 January 1967;

(b.1)  “dealer” means an investment dealer within the meaning of Regulation 31-103 respecting Registration Requirements, Exemptions and Ongoing Registrant Obligations (chapter V-1.1, r. 10), made under the Securities Act (chapter V-1.1) who has an establishment in Québec, who is registered with the Autorité des marchés financiers and whose rights are not suspended;

(b.2)  “Québec diploma” means one of the following diplomas, attesting to at least 1 year of full-time studies:

i.  a diploma issued by the Minister of Education, Recreation and Sports or the Minister of Higher Education, Research, Science and Technology or by a Québec university;

ii.  a diploma issued by a college-level educational institution for training acquired in Québec.

The following is deemed to be a Québec diploma:

i. a diploma issued by the minister responsible for education or by a university of a province or Canadian territory;

ii. 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 NOC;

iii. 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;

iv. 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;

v. 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;

(c)  “employment” means any activity for which a person receives valuable consideration;

(d)  “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;

(d.1)  “dependent child” means a child who

i.  is less than 19 years of age and is not a spouse, including a de facto spouse;

ii.  (subparagraph revoked);

iii.  is 19 years of age or older and has depended substantially on the financial support of the parent since before the age of 19 and is unable to be financially self-supporting due to a physical or mental condition;

(d.2)  “spouse” means a married person who is at least 16 years of age

i.  who was not, at the time of the marriage, another person’s spouse; and

ii.  who is not the de facto spouse of another person, and has been living separately from the spouse for at least 1 year;

(e)  “educational institution” means any institution legally authorized to teach;

(e.1)  “experience in the operation of an enterprise (entrepreneur)” means the actual assuming on a full-time basis of responsibilities and duties related to the planning, management and control of material, financial and human resources in a profitable and lawful agricultural, commercial or industrial enterprise of which the entrepreneur controls at least 25% of the equity, alone or with his accompanying spouse, including de facto spouse, provided that such responsibilities and duties are not assumed in the context of an apprenticeship, training or specialization process attested to by a diploma;

(e.2)  “investor’s management experience”: the assuming, for at least 2 years in the 5 years preceding the application for a selection certificate, of duties related to the planning, management and control of financial resources and of human or material resources under the investor’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;

(f)  “immigration officer” means the officer designated by the Minister for the application of this Regulation;

(g)  “sponsor” means a person who gives an undertaking on behalf of a foreign national;

(g.1)  “List of areas of training” means the publication bearing such title and authorized by the Minister, which groups, by section, the diplomas in the areas of training, as it reads at the time it is applied;

(g.1.1)  “List of preferred areas of training” means the publication bearing that title and authorized by the Minister, as it reads at the time it applies, listing the most promising areas of training in respect of the needs of the labour market;

(g.2)  (subparagraph revoked);

(g.3)  (subparagraph revoked);

(g.4)  (subparagraph revoked);

(h)  “Act” means the Act respecting immigration to Québec (chapter I-0.2);

(h.1)  “Immigration and Refugee Protection Act” means the Act respecting immigration to Canada and the granting of refugee protection to persons who are displaced, persecuted or in danger (S.C. 2001, c. 27);

(h.2)  “family member” means, with respect to any person, a person who is

i.  the spouse or de facto spouse; and

ii.  the dependent child of that person or of the spouse or de facto spouse and, where applicable, the dependent child of that child;

(h.3)  “relative” means, with respect to any person, the person who is connected to the other by blood relationship or by adoption;

(i)  “Minister” means the Minister responsible for the Act respecting immigration to Québec (chapter I-0.2);

(i.1)  “nephew” or “niece” means, with respect to any person, the child of the sister or brother of that person;

(i.2)  “parent” means, in respect of a person, ascendant in the first degree;

(i.3)  “conjugal partner” means, in respect of a sponsor, a person at least 16 years of age residing outside Canada who has been in a conjugal relationship with the sponsor, of the opposite or the same sex, for at least 1 year;

(j)  (subparagraph revoked);

(k)  “accompanying family member” means, with respect to a foreign national, a family member who obtains a selection or acceptance certificate in order to follow or accompany to Québec the said foreign national when the latter obtains a selection or acceptance certificate;

(k.1)  “Regulation respecting weighting” means the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2, r. 2), made by the Minister under section 3.4 of the Act;

(l)  “Québec resident” means any Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act who is domiciled in Québec;

(m)  “trust company” means a trust company referred to in the Act respecting trust companies and savings companies (chapter S-29.01) or in the Trust and Loan Companies Act (S.C. 1991, c. 45) and having an establishment in Québec.

(2)  (paragraph revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 1; O.C. 1504-88, s. 1; O.C. 1784-91, s. 1; O.C. 189-93, s. 1; O.C. 1323-95, s. 1; O.C. 828-96, s. 1; O.C. 413-2000, s. 1; O.C. 500-2001, s. 1; O.C. 728-2002, s. 1; O.C. 351-2003, s. 1; O.C. 25-2005, s. 1; O.C. 838-2006, s. 1; O.C. 1117-2008, s. 1; O.C. 675-2009, s. 1; O.C. 982-2010, s. 1; S.Q. 2013, c. 28, s. 205; O.C. 629-2014, s. 1; I.N. 2017-06-01.

§ 2 . — Procedure for obtaining a selection and acceptance certificate

2. The application for a selection certificate referred to in section 3.1 of the Act is filed with the Minister by a foreign national for himself and for his family members whether or not they accompany him; the application for a certificate of acceptance referred to in section 3.2 of the Act is filed with the Minister by a foreign national for himself and for his accompanying family members.

Despite the foregoing, the application for a selection certificate filed in Québec in a class referred to 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) cannot be filed in respect of the foreign national’s family members who are not in Canada, except if they are already covered by an undertaking given under this Regulation.

It may also be made in their name by a person having the right to act on their behalf when the foreign national does not have the legal capacity to do so.

R.R.Q., 1981, c. M-23.1, r. 2, s. 2; O.C. 503-98, s. 1; O.C. 728-2002, s. 2; O.C. 838-2006, s. 2; O.C. 1289-2009, s. 1.

3. Any foreign national wishing to settle permanently in Québec must hold a selection certificate issued by the Minister under section 3.1 of the Act.

The application shall be made on the form provided by the Minister.

A foreign national in the skilled worker subclass referred to in subparagraph a of the first paragraph of section 21, other than the foreign national mentioned in section 38.1 or 38.2, must file his or her application with the Minister by Internet.

R.R.Q., 1981, c. M-23.1, r. 2, s. 3; O.C. 1238-94, s. 1; O.C. 413-2000, s. 2; O.C. 797-2015, s. 1.

4. Any foreign national seeking temporary admission to Québec to work, study or receive medical treatment must hold a certificate of acceptance issued by the Minister under section 3.2 of the Act.

The application shall be made on the form provided by the Minister.

R.R.Q., 1981, c. M-23.1, r. 2, s. 4; O.C. 1238-94, s. 2; O.C. 413-2000, s. 3.

5. A foreign national in the economic class must file an application for a selection certificate at a Québec immigration office serving

(a)  the foreign national’s country of nationality or the country in which the foreign national has the status of permanent resident or asylum;

(b)  the country where the foreign national is residing if, on the date of filing the application, the foreign national has been lawfully admitted to that country for a period of at least 1 year for a temporary stay to study or work, has been studying or working as a main activity and is legally residing in that country; or

(c)  if the foreign national is stateless, the country of habitual residence, if the foreign national has been lawfully admitted to that country.

R.R.Q., 1981, c. M-23.1, r. 2, s. 5; O.C. 1784-91, s. 2; O.C. 500-2001, s. 2; O.C. 728-2002, s. 3; O.C. 351-2003, s. 2; O.C. 838-2006, s. 3.

5.01. A foreign national staying temporarily in Québec may file an application for a selection certificate in Québec if

(a)  in the case where the main purpose of the stay is to study,

i.  the foreign national holds a certificate of acceptance, a study permit or a temporary resident permit, except if the foreign national is exempt therefrom under this Regulation or the Immigration and Refugee Protection Regulations (SOR/02-227);

ii.  the foreign national complies with the conditions of the certificate or permit;

iii.  the foreign national pursues, or has successfully completed, a secondary-level vocational training program of 900 hours or more, a program of full-time college or undergraduate studies of 12 months or more, a graduate specialization or a master’s program or a doctoral program in a Québec educational institution in Québec; and

iv.  if the foreign national pursues graduate studies or another program whose duration is less than 18 months, the foreign national has completed half of those studies or, if the other program is 18 months or more, the foreign national only has 12 months or less to complete the program;

(b)  in the case where the main purpose of the stay is to work, the foreign national

i.  holds a certificate of acceptance, a work permit or a temporary resident permit, except if the foreign national is exempt therefrom under this Regulation or the Immigration and Refugee Protection Regulations;

ii.  complies with the conditions of the certificate or permit; and

iii.  has been lawfully admitted in the territory for a period or consecutive periods totalling at least 1 year;

(b.1)  in the case where the foreign national participates in a youth exchange program under an international agreement entered into by Québec or Canada,

i.  the foreign national holds a work permit and complies with the conditions of the permit;

ii.  the foreign national has been lawfully admitted in the territory for a period or consecutive periods totalling at least 1 year; and

iii.  the foreign national holds full-time employment at the time of filing the foreign national’s application; or

(c)  the foreign national is a temporary resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) and has lost Canadian citizenship.

O.C. 838-2006, s. 3; O.C. 1289-2009, s. 2.

5.02. A foreign national must file an application for a selection certificate in Québec and the application is examined in Québec if

(a)  the minister responsible for the administration of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) has agreed to process the application for permanent residence in Canada;

(b)  protection under paragraph b or c of subsection 1 of section 95 of the Immigration and Refugee Protection Act has been conferred on the foreign national;

(c)  the application is for a selection certificate in the family class;

(d)  the application is made by a foreign national who meets the conditions set out in section 38.1; or

(e)  the application is made by a foreign national who meets the conditions set out in section 38.2, including the application of a foreign national whose program of studies will be completed within 6 months of the date of filing.

O.C. 838-2006, s. 3; O.C. 1289-2009, s. 3.

5.02.1. An application filed with the Minister by Internet under the third paragraph of section 3 is deemed filed, where applicable, in accordance with sections 5 to 5.02.

O.C. 797-2015, s. 2.

5.03. An application for a selection certificate is examined by an immigration officer.

O.C. 838-2006, s. 3.

5.1. An application for a certificate of acceptance is filed in Québec or at a Québec immigration office responsible for processing such an application. The application is examined by an immigration officer.

O.C. 1784-91, s. 2; O.C. 838-2006, s. 4.

5.2. An application for an undertaking is filed in Québec. It is examined by an immigration officer.

O.C. 1784-91, s. 2; O.C. 838-2006, s. 4.

6. The Minister decides to which class and subclass a foreign national applying for a selection certificate belongs.

R.R.Q., 1981, c. M-23.1, r. 2, s. 6; O.C. 838-2006, s. 5.

7. An application for a selection certificate filed by a foreign national in the economic class as a skilled worker, self-employed person or entrepreneur is subject to preliminary processing in accordance with the factors in the Selection grid for the economic class in Schedule A applicable to the person’s subclass, except the “Adaptability” factor and, for the entrepreneur, the “Training”, “Age”, “Language proficiency”, “Stay and family in Québec” and “Business project” factors.

An application that is awarded fewer points than those fixed in the Regulation respecting weighting as a cutoff score, where applicable, and as a passing score for that preliminary processing during the preliminary processing of those factors shall be refused.

R.R.Q., 1981, c. M-23.1, r. 2, s. 7; O.C. 828-96, s. 2; O.C. 500-2001, s. 3; O.C. 728-2002, s. 4; O.C. 838-2006, s. 6.

7.1. (Revoked).

O.C. 828-96, s. 2; O.C. 500-2001, s. 4.

8. Any foreign national whose application contains declarations the truthfulness of which is not demonstrated is to be called for a selection interview.

A foreign national in the class of persons in a particularly distressful situation referred to in paragraph b or c of section 18 whose record does not contain all the information necessary for a decision is to be called for a selection interview.

Foreign nationals in the skilled worker or self-employed persons subclass are to be called for a selection interview if they satisfy the requirements of the preliminary processing but fail to achieve the selection passing scores.

Foreign nationals in the entrepreneur subclass are to be called for a selection interview if they satisfy the requirements of the preliminary processing.

The notice of interview shall indicate the place and date of the interview and the documents that the national must submit in support of his application.

R.R.Q., 1981, c. M-23.1, r. 2, s. 8; O.C. 828-96, s. 3; O.C. 500-2001, s. 5; O.C. 728-2002, s. 5; O.C. 838-2006, s. 7; O.C. 1117-2008, s. 2; O.C. 675-2009, s. 2.

9. A foreign national who makes an application for a selection certificate or certificate of acceptance must answer the questions of an immigration officer and produce the documents that the said officer demands for the purpose of determining whether he meets the requirements of this Regulation.

R.R.Q., 1981, c. M-23.1, r. 2, s. 9.

10. The sponsor must answer the questions of an immigration officer and produce the documents that the said officer demands for the purpose of determining whether he meets the requirements of this Regulation.

R.R.Q., 1981, c. M-23.1, r. 2, s. 10.

11. The foreign national or the sponsor must provide evidence of each fact submitted in support of his application for a selection certificate or certificate of acceptance or his application for an undertaking.

The foreign national or the sponsor must also indicate to the Minister whether the services of an immigration consultant have been used to counsel, assist or represent him in connection with his application and, if such is the case, the consultant’s identity.

R.R.Q., 1981, c. M-23.1, r. 2, s. 11; O.C. 1238-94, s. 3; O.C. 545-2010, s. 1.

12. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 12; O.C. 1323-95, s. 2.

13. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 13; O.C. 1784-91, s. 3; O.C. 1323-95, s. 2.

14. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 14; O.C. 1784-91, s. 4; O.C. 1323-95, s. 3.

15. The foreign national is advised of the acceptance or the rejection of his application for a selection or acceptance certificate within a period of 60 days after the decision.

The selection certificate issued following the acceptance of the application is valid for 3 years from the date of its issue. Where a new selection certificate is issued immediately following the expiry of the previous selection certificate, it is valid for 12 months, if the conditions in effect at the time of the issue of the previous selection certificate continue to be met.

R.R.Q., 1981, c. M-23.1, r. 2, s. 15; O.C. 1504-88, s. 2; O.C. 1784-91, s. 1; O.C. 189-93, s. 2; O.C. 413-2000, s. 4; O.C. 728-2002, s. 6; O.C. 351-2003, s. 3; O.C. 838-2006, s. 8.

15.1. A selection certificate lapses if

(a)  (paragraph revoked);

(b)  the certificate has been issued following an undertaking and the undertaking lapses or is cancelled;

(c)  the foreign national is the subject of a removal order for which there is no stay or if the foreign national is inadmissible and is not authorized to enter and remain in Canada, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27); or

(d)  the foreign national obtains a new selection certificate.

O.C. 838-2006, s. 9; O.C. 263-2011, s. 1.

15.2. A foreign national’s certificate of acceptance is valid for the time specified in this Regulation.

A certificate of acceptance lapses if the foreign national is the subject of a removal order for which there is no stay or if the foreign national is inadmissible and is not authorized to enter and remain in Canada, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

A certificate of acceptance lapses if the foreign national obtains a new certificate of acceptance for the same reason for the temporary stay.

O.C. 838-2006, s. 9.

16. A person who wishes to be a sponsor is advised of the fact that he does or does not meet the requirements of this Regulation within a period of 60 days after the decision.

If he does not meet the requirements of this Regulation, he is informed of the reasons for refusal along with the decision.

R.R.Q., 1981, c. M-23.1, r. 2, s. 16.

§ 3 . — Classes of foreign nationals wishing to settle permanently in Québec

17. For the purposes of an application for a selection certificate, a foreign national who wishes to settle permanently in Québec belongs to one of the 3 following classes:

(a)  class of foreign nationals who are in a particularly distressful situation;

(b)  family class; or

(c)  economic class.

R.R.Q., 1981, c. M-23.1, r. 2, s. 17; D. 728-2002, a. 7; O.C. 838-2006, s. 10.

18. The class of foreign nationals who are in a particularly distressful situation includes a foreign national who,

(a)  is, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27),

i.  a person whose Convention refugee status is recognized in Canada by the court having jurisdiction in Canada; or

ii.  a person in need of protection recognized in Canada by the court having jurisdiction or by the minister responsible for the administration of that Act;

(b)  is, within the Immigration and Refugee Protection Regulations (SOR/02-227),

i.  a member of the Convention refugees abroad class;

ii.  a member of the humanitarian-protected persons abroad class who is a member of the Country of Asylum class;

(c)  is in a distressful situation such that he deserves humanitarian consideration owing to the fact that:

i.  his physical, mental or moral well-being and that of his family legally in Québec would be seriously affected if he could not remain in or come to Québec;

i.1.  the foreign national is abroad with a relative who is the holder of a selection certificate, and their physical, mental or moral well-being would be seriously affected if they could not accompany or follow the foreign national to Québec;

ii.  although not a resident of Québec, he is successfully established in Québec and has no significant ties with his country of origin or makes a definite contribution through his employment, his profession, or his economic or artistic activities;

iii.  his physical safety is threatened by risk of imprisonment, torture or death if he cannot remain in or come to Québec;

iv.  his permanent resident application is processed in Canada pursuant to section 25 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations, his physical, mental or moral well-being would be seriously affected if he could not remain in Québec and his removal to his country of origin would cause him serious harm;

(d)  is the subject of a positive opinion on his or her process of integration in Québec following the cancellation of the stay on removal orders with respect to a country of which he or she is a national, and has made a request for permanent resident status processed in Canada under section 25 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations.

R.R.Q., 1981, c. M-23.1, r. 2, s. 18; O.C. 771-82, s. 1; O.C. 1784-91, ss. 1 and 5; O.C. 189-93, s. 3; O.C. 728-2002, s. 8; O.C. 838-2006, s. 11; O.C. 675-2009, s. 3; O.C. 1289-2009, s. 4; O.C. 1043-2015, s. 1.

19. The family class designates a foreign national who, in respect of a resident of Québec, is:

(a)  his spouse, de facto spouse or conjugal partner;

(b)  his dependent child;

(c)  his father, his mother, his grandfather or his grandmother;

(d)  his brother, sister, nephew, niece, grandson or granddaughter, an orphan having lost both parents and under 18 years of age who is unmarried or not a de facto spouse;

(e)  (subparagraph revoked);

(f)  an unmarried minor whom the Québec resident intends to adopt and may adopt under Québec law; or

(g)  a relative, regardless of his age or degree of relationship with the Québec resident, where the said Québec resident does not have a spouse or de facto spouse, child, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew or niece:

i.  who is a Canadian citizen, an Indian or a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

ii.  whom he could sponsor in accordance with section 23.

The following people are excluded from that class because of their relationship with the resident of Québec:

(a)  his spouse or de facto spouse or conjugal partner, if the resident has previously subscribed to an undertaking to the Minister or the minister responsible for the administration of the Immigration and Refugee Protection Act in respect of another spouse or de facto spouse or conjugal partner and the term prescribed for that undertaking has not ended; and

(b)  his spouse where

i.  the resident or spouse was, at the time of their union, the spouse of a third party; or

ii.  the resident lived separately from his spouse for at least 1 year and one of them is the de facto spouse or conjugal partner of another person.

R.R.Q., 1981, c. M-23.1, r. 2, s. 19; O.C. 1504-88, s. 3; O.C. 1784-91, s. 1; O.C. 1725-92, s. 1; O.C. 1323-95, s. 4; O.C. 828-96, s. 4; O.C. 413-2000, s. 5; O.C. 728-2002, s. 9.

20. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 20; O.C. 1504-88, s. 4; O.C. 1784-91, s. 6; O.C. 1725-92, s. 2.

21. The economic class includes a foreign national at least 18 years of age in one of the following subclasses:

(a)  “skilled worker”: a foreign national who settles in Québec to hold employment the foreign national is likely able to hold;

(b)  “entrepreneur”: a foreign national who has at least 2 years of experience in the operation of an enterprise that the foreign national acquired in the 5 years preceding the date of filing of the application and comes to Québec

i.  to create or acquire an enterprise to manage himself, or to participate as an associate in the management and daily operations of an enterprise, and control at least 25% of the equity, alone or with his accompanying spouse, including de facto spouse, that percentage being worth at least $100,000 if the enterprise is

— an agricultural enterprise situated and operated in Québec; or

— an industrial or commercial enterprise situated and operated in Québec that will employ on a permanent basis and for a minimum of 30 hours per week at least 1 Québec resident other than the foreign national and the foreign national’s accompanying family members; or

ii.  after acquiring, alone or with the foreign national’s accompanying spouse, including de facto spouse, at least 25% of the equity, that percentage being worth at least $100,000, of an enterprise described in subparagraph i, to manage the enterprise himself or to participate as an associate in the management and daily operations of the enterprise;

(c)  “self-employed person”: he comes to Québec to create employment for himself by practising a profession defined in the National Occupational Classification;

(d)  “investor”:

i.  he has experience in management in a legal farming, commercial or industrial business, or in a legal professional business where the staff, excluding the investor, occupies at least the equivalent of 2 full-time jobs, or for an international agency or a government or one of its departments or agencies;

ii.  he has, alone or with his accompanying spouse, including de facto spouse, net assets of at least $1,600,000 obtained legally, excluding the amounts received by donation less than 6 months before the date on which the application was filed;

iii.  he comes to settle and to invest in Québec in accordance with the provisions of this Regulation;

(e)  (subparagraph revoked).

Subparagraphs i and ii of subparagraph b of the first paragraph are conditions within the meaning of subsection 2 of section 98 of the Immigration and Refugee Protection Regulations (SOR/02-227).

R.R.Q., 1981, c. M-23.1, r. 2, s. 21; O.C. 1080-86, s. 1; O.C. 1968-89, s. 1; O.C. 425-92, s. 1; O.C. 1725-92, s. 3; O.C. 828-96, s. 5; O.C. 307-99, s. 1; O.C. 500-2001, s. 6; O.C. 728-2002, s. 10; O.C. 838-2006, s. 12; O.C. 1117-2008, s. 3; O.C. 982-2010, s. 2.

§ 4 . — Priorities for processing applications for a selection certificate

22. (Implicitly revoked, 2013, c. 16, s. 193)

R.R.Q., 1981, c. M-23.1, r. 2, s. 22; O.C. 1725-92, s. 3; O.C. 1323-95, s. 5; O.C. 828-96, s. 6; O.C. 500-2001, s. 7; O.C. 728-2002, s. 11; O.C. 838-2006, s. 13; O.C. 675-2009, s. 4; O.C. 1289-2009, s. 5.

DIVISION II SELECTION CERTIFICATE

§ 1 . — Family class

R.R.Q., 1981, c. M-23.1, r. 2, Div. II, Sd. 1; O.C. 828-96, s. 7.

23. Upon receipt of an application for a selection certificate filed by a foreign national belonging to the family class, the Minister must issue a selection certificate to the foreign national if a Québec resident at least 18 years of age and related to him under section 19 files an application for undertaking with the Minister on the prescribed form and

(a)  the resident gives the undertaking on the prescribed form:

i.  for 3 years, in the case of a person described in subparagraph a of the first paragraph of section 19;

ii.  for 10 years or, where applicable, until of full age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in the first paragraph of section 19, if the person or family member is under 13 years of age on the date on which the sponsor’s obligations take effect;

iii.  for 3 years or until the foreign national is 22 years of age, whichever is the longer period, in the case of a person described in subparagraph b, d or f of the first paragraph of section 19 or a family member accompanying a person referred to in section 19, if the person or family member is 13 years of age or over on the date on which the sponsor’s obligations take effect; or

iv.  for 10 years, in the case of a person described in subparagraph c or g of the first paragraph of section 19;

(b)  the resident has complied with the obligations provided for in the undertaking given to the Government or to the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;

(b.1)  the resident has not, in the 5 years preceding the filing of the application for an undertaking, been the subject in respect of his spouse or child of compulsory execution of a court judgment awarding support payment, or of a remedy, a proceeding or a measure for compulsory execution referred to in section 47 of the Act to facilitate the payment of support (chapter P-2.2) or a recovery measure referred to in section 48, 49, 50 or 53 of that Act or, if the resident has been the subject of such proceedings, the resident has paid all arrears owed;

(b.2)  a Canadian citizen residing abroad may subscribe to an undertaking on behalf of his spouse, de facto spouse, conjugal partner or dependent child who has no dependent children, if he demonstrates that he will reside in Québec when that person will have obtained permanent resident status;

(b.3)  the resident is not the subject of a removal order made under the Immigration and Refugee Protection Act;

(b.4)  the resident is not detained in a penitentiary or prison;

(b.5)  the resident, in the case of an undertaking on behalf of a person of full age or of a minor if that person is his spouse, de facto spouse or conjugal partner, provides a written statement from that person acknowledging that he is aware of the terms and scope of the undertaking;

(b.6)  the resident has not been convicted in Canada under the Criminal Code (R.S.C. 1985, c. C-46) of a sexual offence or an attempt or threat to commit such an offence against any person, or of an offence resulting in bodily harm or an attempt or threat to commit such an offence against a family member or relative, spouse, including de facto spouse or conjugal partner or their family members or relatives; such a condition is removed if the resident has been acquitted in the last instance or pardoned under the Criminal Records Act (R.S.C. 1985, c. C-47) or served the sentence at least 5 years before the date of filing of the application for an undertaking;

(b.7)  the resident has not been convicted outside Canada of an offence that would constitute an offence referred to in paragraph b.6 if it were committed in Canada; such condition shall disappear if he has been the subject of a verdict of acquittal as a final determination, or served his sentence at least 5 years prior to filing his application for an undertaking and if he has established his rehabilitation;

(b.8)  the resident is not a recipient of last resort financial assistance, except owing to his age or disability creating a severely and permanently or indefinitely limited capacity for employment;

(c)  pays the fees prescribed by section 55 for the processing of his application for the undertaking.

The resident’s spouse or de facto spouse may also join into the application and subscribe to the undertaking if that person is a Québec resident and is a least 18 years of age. Other than the condition relating to the required fees, that person is subject to the conditions prescribed in this section.

A resident is exempt from a condition set out in subparagraph b.3 or b.4 or subparagraphs b.6 to b.8 of the first paragraph to the extent that the resident has the same exemption under section 25 of the Immigration and Refugee Protection Act.

The notion of common-law spouse or consort and of conjugal relationship where it applies to de facto spouses applies both to opposite sex and same sex spouses. (1999, chapter 14, s. 37)

R.R.Q., 1981, c. M-23.1, r. 2, s. 23; O.C. 1504-88, s. 5; O.C. 1784-91, s. 7; O.C. 1109-92, s. 1; O.C. 189-93, s. 4; O.C. 1238-94, s. 4; O.C. 1323-95, s. 6; O.C. 578-97, s. 2; O.C. 503-98, s. 2; O.C. 413-2000, s. 6; O.C. 728-2002, s. 13; O.C. 351-2003, s. 5; O.C. 838-2006, s. 14; O.C. 629-2014, s. 2.

23.1. (Revoked).

O.C. 1323-95, s. 7; O.C. 1238-94, s. 5; O.C. 1323-95, s. 7.

24. A sponsor covered by section 23 who gives an undertaking on behalf of his minor child must show that he holds and exercises parental authority in respect of the child.

Where parental authority is held or exercised solely by the other parent or jointly, the sponsor must obtain from that parent authorization in writing for the coming of the child to Québec.

R.R.Q., 1981, c. M-23.1, r. 2, s. 24; S.Q., 1985, c. 23, s. 24; O.C. 1504-88, s. 6.

24.1. A sponsor who gives an undertaking on behalf of a child referred to in subparagraph b of the first paragraph of section 19 for whom a decision granting adoption recognized by the sole operation of law under the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3) is made while the sponsor is residing in Québec, or on behalf of a child referred to in subparagraph f of the first paragraph of section 19 must include in his application for the undertaking a statement issued by the Minister of Health and Social Services certifying that the Minister has taken cognizance of the steps taken by the sponsor to receive the child and that there are no reasons to oppose the adoption.

Where an officer authorized under the Immigration and Refugee Protection Regulations (SOR/02-227) provides the minister with new evidence under section 117 (8) of those Regulations, the minister shall notify the sponsor thereof and the Minister of Health and Social Services so that the Minister may confirm or revise the statement.

O.C. 1504-88, s. 6; O.C. 1725-92, s. 4; O.C. 351-2003, s. 6; O.C. 838-2006, s. 15.

24.2. A sponsor who gives an undertaking on behalf of a minor child covered by subparagraph d of the first paragraph of section 19 must include in his application for the undertaking a document issued by an agency having the authority to inquire into the conditions of taking in charge and placing a child, certifying that it has taken cognizance of the steps taken by the sponsor to receive the child and that such steps are in the interest of the child and respect his rights.

The sponsor must also give an undertaking in writing to apply to the Superior Court within 90 days of the child’s arrival to have a tutor appointed to the child. He must in like manner agree to exercise the rights and obligations of parental authority until such appointment.

O.C. 1504-88, s. 6; O.C. 1323-95, s. 8.

24.3. Where a sponsor subscribes to an undertaking in favour of a child referred to in subparagraph b of the first paragraph of section 19, who was adopted and of full age, the adoption, if made while the sponsor resided in Québec, shall comply with Québec legislation.

O.C. 728-2002, s. 14.

25. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 25; O.C. 728-2002, s. 15.

26. Section 44 does not apply where the sponsor gives an undertaking on behalf of:

(a)  his spouse, de facto spouse or conjugal partner who has no dependent children;

(a.1)  his spouse, de facto spouse or conjugal partner who has a dependent child who does not himself have dependent children;

(b)  his dependent child who has no dependent children;

(c)  any person referred to in subparagraph f of the first paragraph of section 19.

R.R.Q., 1981, c. M-23.1, r. 2, s. 26; O.C. 1504-88, s. 7; O.C. 229-89, s. 1; O.C. 1238-94, s. 6; O.C. 1323-95, s. 9; O.C. 728-2002, s. 16.

26.1. (Revoked).

O.C. 503-98, s. 3; O.C. 1238-94, s. 6; O.C. 1323-95, s. 10; O.C. 503-98, s. 3.

§ 2 . — Class of persons in distress

R.R.Q., 1981, c. M-23.1, r. 2, Div. II, Sd. 2; O.C. 828-96, s. 8.

27. (1)  Where a foreign national domiciled in Québec in the class of foreign nationals in a particularly distressful situation referred to in paragraph a of section 18 files an application with the Minister for a selection certificate, the Minister may issue the selection certificate.

(2)  Where a foreign national in the class of foreign nationals in a particularly distressful situation referred to in paragraphs b and c of section 18 files an application with the Minister for a selection certificate, the Minister may issue the selection certificate if in the Minister’s opinion the foreign national has settled or is able to settle successfully in Québec society.

The Minister takes into account the level of distress, in particular as a result of the foreign national’s physical integrity being threatened. The Minister also takes into account the personal qualities and language proficiency of the foreign national and accompanying family members, the presence of accompanying dependent children, a relationship with a Québec resident who is the spouse, including de facto spouse, or a relative in the first or second degree, any work experience, remunerated or not, of the foreign national or an accompanying family member, the steps taken by a sponsor in accordance with this Regulation and, in the case of a foreign national referred to in paragraph b of section 18, any financial or other assistance offered to the foreign national in Québec.

(3)  If the foreign national is covered by subparagraph i of paragraph c of section 18, the Minister also takes into account,

(a)  if the foreign national is a family member of a person referred to in section 25 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or sections 110 to 115 of the Immigration and Refugee Protection Regulations (SOR/02-227), the steps taken by a sponsor pursuant to paragraph 1 of section 40.1;

(b)  if the foreign national is of full age, the steps taken by a sponsor pursuant to subparagraph a of paragraph 2 of section 40.1; and

(c)  in the case of a foreign national whose application for permanent residence is processed in Canada and who is a family member of a Québec resident, the fact that the foreign national is the subject of an undertaking given by the resident on the form prescribed by the Minister that satisfies the conditions set out in subparagraphs b, b.1 and b.3 to b.7 of the first paragraph of section 23 and the conditions in sections 42 and 46.1 to 46.3 and whose duration is that required by subparagraph i, ii or iii of subparagraph a of the first paragraph of section 23.

(4)  If the foreign national is covered by subparagraph iv of paragraph c of section 18, the Minister also takes into account the steps taken by a sponsor pursuant to paragraph 2 of section 40.1.

(4.1)  Where a foreign national in the class of foreign nationals in a particularly distressful situation referred to in paragraph d of section 18 files an application with the Minister for a selection certificate, the Minister may issue the selection certificate if in the Minister’s opinion the foreign national has settled successfully in Québec society, taking into account the steps taken to find employment, employments held, training received, his or her children’s integration in school and his or her participation in community life.

(5)  A selection certificate may be issued to the family member who will follow a foreign national referred to in paragraph a or b of section 18 if

(a)  the family member has been included in the foreign national’s application or was added to the application before the foreign national’s departure for Québec;

(b)  the family member files the application abroad within 1 year after the date on which the foreign national settles in Québec and the foreign national is still residing in Québec; or

(c)  the sponsor referred to in section 30 has given an undertaking on the family member’s behalf.

R.R.Q., 1981, c. M-23.1, r. 2, s. 27; O.C. 771-82, s. 2; O.C. 1504-88, s. 8; O.C. 828-96, s. 9; O.C. 93-97, s. 1; O.C. 413-2000, s. 7; O.C. 728-2002, s. 17; O.C. 351-2003, s. 7; O.C. 838-2006, s. 16; O.C. 1289-2009, s. 6.

§ 2.1 . — Collective sponsorship

O.C. 1043-2015, s. 2.

28. A legal person may file an application for an undertaking on the form prescribed by the Minister to sponsor a foreign national referred to in paragraph b of section 18, a foreign national referred to in subparagraph iii of paragraph c of section 18 if the foreign national is abroad, a foreign national referred to in subparagraph iv of paragraph c of section 18 or a foreign national referred to in subparagraph b of paragraph 2 of section 40.1, if that legal person

(a)  is constituted under Part III of the Companies Act (chapter C-38), the Religious Corporations Act (chapter C-71), the Roman Catholic Bishops Act (chapter E-17), the Act respecting fabriques (chapter F-1) or the Professional Syndicates Act (chapter S-40), or is incorporated as a non-profit corporation within the meaning of the laws of Canada or any province thereof, if it carries on activities in Québec and is registered in accordance with the Act respecting the legal publicity of enterprises (chapter P-44.1);

(b)  is not a political party or a party authority within the meaning of Chapter I of Title III of the Election Act (chapter E-3.3);

(c)  submits a copy of its charter or of its constituting instrument;

(d)  has representatives in the expected region or locality of settlement of the foreign national, whom it is sponsoring;

(d.1)  has complied with the requirements of the undertaking given to the Government or the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;

(e)  (paragraph revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 28; O.C. 1784-91, s. 8; O.C. 1109-92, s. 2; O.C. 1041-93, s. 1; O.C. 1238-94, s. 7; O.C. 1323-95, s. 11; O.C. 413-2000, s. 8; O.C. 728-2002, s. 18; O.C. 351-2003, s. 8; O.C. 838-2006, s. 17.

28.1. A Québec resident and a legal person referred to in section 28 may co-sponsor a foreign national referred to in paragraph b of section 18 or a foreign national referred to in subparagraph iii of paragraph c of section 18 if the foreign national is abroad, if they file a joint application for an undertaking on the form prescribed by the Minister and if the resident

(a)  is at least 18 years of age and is domiciled in the region or locality where the foreign national is to settle;

(b)  has complied with the requirements of the undertaking given to the government or the minister responsible for the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, failing that, has reimbursed in full the amounts received as special benefits or last resort assistance benefits in compliance with the Individual and Family Assistance Act (chapter A-13.1.1) or similar benefits referred to in section 145 of the Immigration and Refugee Protection Act;

(c)  is not the subject of a removal order made under the Immigration and Refugee Protection Act;

(d)  is not detained in a penitentiary or prison;

(e)  has not been convicted in Canada of murder or any of the offences listed in Schedule I or II of the Corrections and Conditional Release Act (S.C. 1992, c. 20) punishable by summary conviction or by way of indictment; that condition is removed if the resident has been acquitted in the last instance or pardoned under the Criminal Records Act (R.S.C. 1985, c. C-47) or served the sentence imposed under the Criminal Code (R.S.C. 1985, c. C-46) at least 5 years before the date of filing of the application for an undertaking;

(f)  has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph e, unless a 5-year period following the expiry of the sentence imposed under the foreign law has elapsed before the date of filing of the application for an undertaking;

(g)  has not, in the 5 years preceding the date of filing of the application for an undertaking, been the subject in respect of the resident’s spouse or child of compulsory execution of a court judgment ordering support payment, or of a remedy, proceeding or measure for compulsory execution referred to in section 47 of the Act to facilitate the payment of support (chapter P-2.2) or a recovery measure under section 48, 49, 50 or 53 of that Act or, if the resident has been the subject of such proceedings, the resident has paid all arrears owed;

(h)  is not the subject of a cancellation procedure under the Citizenship Act (R.S.C. 1985, c. C-29); or

(i)  is not a recipient of last resort financial assistance.

O.C. 838-2006, s. 18.

29. Two to 5 persons forming a group may be sponsors of a foreign national referred to in paragraph b of section 18 or a foreign national referred to in subparagraph iii of paragraph c of section 18 if the foreign national is abroad, if the persons file a joint application for an undertaking on the form prescribed by the Minister and if each person meets the conditions set out in section 28.1.

R.R.Q., 1981, c. M-23.1, r. 2, s. 29; O.C. 1504-88, s. 9; O.C. 1784-91, s. 9; O.C. 1109-92, s. 3; O.C. 1041-93, s. 2; O.C. 1238-94, s. 8; O.C. 728-2002, s. 19; O.C. 838-2006, s. 19.

30. The steps taken by a sponsor referred to in section 28, 28.1 or 29 are considered if the sponsor gives an undertaking in accordance with Division III on the form prescribed by the Minister, for a period of 1 year in the case of a foreign national referred to in paragraph b of section 18 or a foreign national referred to in subparagraph iii of paragraph c of section 18 if the foreign national is abroad, except if the Minister is of the opinion that the foreign national will not be able to integrate the labour market and the foreign national’s physical safety is not threatened where the foreign national is located, in which case the duration of the undertaking is 3 years.

In the case of a sponsor referred to in section 28, the duration of the undertaking is 5 years in the case of a foreign national referred to in subparagraph iv of paragraph c of section 18 or a foreign national referred to in subparagraph b of paragraph 2 of section 40.1.

R.R.Q., 1981, c. M-23.1, r. 2, s. 30; O.C. 1784-91, s. 10; O.C. 189-93, s. 5; O.C. 1238-94, s. 9; O.C. 578-97, s. 3; O.C. 503-98, s. 4; O.C. 413-2000, s. 9; O.C. 728-2002, s. 20; O.C. 838-2006, s. 19.

§ 3 . — Economic class

R.R.Q., 1981, c. M-23.1, r. 2, Div. II, Sd. 3; O.C. 828-96, s. 10; O.C. 838-2006, s. 20.

31. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 31; O.C. 1109-92, s. 4; O.C. 1041-93, s. 3; O.C. 563-96, s. 1; O.C. 413-2000, s. 10; O.C. 728-2002, s. 21; O.C. 838-2006, s. 21; O.C. 1289-2009, s. 7; O.C. 1043-2015, s. 3.

32. The Minister, upon receiving an application for a selection certificate from a foreign national in the economic class, assesses the application by awarding the points as provided in the Regulation respecting weighting in respect of the factors and criteria listed in the Selection grid for the economic class in Schedule A that apply to the foreign national’s subclass.

R.R.Q., 1981, c. M-23.1, r. 2, s. 32; O.C. 828-96, s. 11; O.C. 838-2006, s. 22; O.C. 1043-2015, s. 4.

33. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 33; O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

33.1. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

33.2. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

33.3. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

33.4. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

33.5. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

34. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 34; O.C. 1725-92, s. 5; O.C. 828-96, s. 12.

34.1. A foreign national who applies for a selection certificate as an investor shall file with the Minister an investment agreement signed with a broker or a trust company that entered into an agreement with the Minister and one of the subsidiaries of Investissement Québec and that will be, in Québec, the foreign national’s mandatary with the Minister and the subsidiary.

The Minister shall examine the agreement and shall award the applicant the points provided for in the Regulation respecting weighting if the agreement complies with the provisions of this Regulation.

The agreement must contain at least the following conditions, which must apply for the full term of the agreement:

(a)  an undertaking for the foreign national to make an investment of $800,000 with a broker or trust company which must invest the amount with one of the subsidiaries of Investissement Québec after the Minister has sent a notice of intent to issue a selection certificate to the foreign national, not later than 120 days after the issue of that notice, for the purpose of financing

i.  the Programme des immigrants investisseurs pour l’aide aux entreprises (chapter I-16.0.1, r. 3) or any program established to replace it;

ii.  the exercise of the Minister’s responsibilities under the Act respecting the Ministère de l’Immigration et des Communautés culturelles (chapter M-16.1); (A provision of an agreement filed before 2 March 2005 that differs from the provision of this subparagraph is without effect after that date. (O.C. 25-2005, s. 6))

(a.1)  the opening of a separate account in the name of the foreign national by the broker or trust company;

(a.2)  the establishment of the identity of the foreign national by the foreign national’s name, sex, date of birth, permanent address, citizenship, personal telephone number, the type of document proving the foreign national’s identity, the number of that document and the place of issue; any change in any of the particulars must be notified to the broker or trust company by the foreign national within 30 days of the change;

(a.3)  a prohibition against the foreign national’s changing brokers or trust companies from the date of filing of the application for a selection certificate, except for reasons related to the broker or trust company, such as bankruptcy, cessation of management activities, an acquisition or amalgamation, or a proven fault; (A provision of an agreement filed before 2 March 2005 that differs from the provision of this subparagraph is without effect after that date. (O.C. 25-2005, s. 6))

(b)  the term of the investment is 5 years and is computed from the date on which the amount of $800,000 is invested by one of the subsidiaries of Investissement Québec; that date may not be prior to the date of the sending by the Minister of the notice of intent to issue a selection certificate to the investor;

(c)  the agreement or any other deed signed in connection with that agreement or investment, except those entered into for the purposes of a program referred to in subparagraph a, must not provide for a hypothec, a guarantee or any other security granted by a third party in favour of a foreign national or a member of his family;

(d)  the investment with one of the subsidiaries of Investissement Québec must be irrevocable before the end of its term, unless the selection certificate is cancelled, the application for a selection certificate is refused or the investor’s application for a visa or permanent residence within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) is denied and, in those cases, the agreement must provide that the broker or trust company is required to reimburse the investment to the investor by depositing the investor’s funds in the country from which the funds originated, in an account in the investor’s name, and file a document with the Minister attesting to the reimbursement of the investment within 30 days of the deposit; (A provision of an agreement filed before 2 March 2005 that differs from the provision of this subparagraph is without effect after that date. (O.C. 25-2005, s. 6))

(e)  within 30 days of the maturity of the investment, the broker or trust company shall reimburse the investment to the investor and shall file a document with the Minister attesting the reimbursement.

O.C. 1080-86, s. 2; O.C. 646-88, s. 1; O.C. 1968-89, s. 2; O.C. 1725-92, s. 5; O.C. 1323-95, s. 12; O.C. 828-96, s. 13; O.C. 503-98, s. 5; O.C. 307-99, s. 2; O.C. 597-2000, s. 1; O.C. 728-2002, s. 22; O.C. 25-2005, s. 2; O.C. 982-2010, s. 3; ; S.Q. 2010, c. 37, s. 140.

34.1.1. The agreement referred to in section 34.1 must also contain at least the following provisions:

(a)  a requirement for the broker or trust company to give to the foreign national, to be filed with the application for a selection certificate, a statement from the broker or trust company attesting that the identity of the foreign national has been ascertained and describing the steps the broker or trust company has taken as regards the source and origin of the foreign national’s assets;

(b)  a requirement for the broker or trust company having entered into the agreement referred to in section 34.1 to provide the Minister with proof of registration in the registry of lobbyists under the Lobbying Transparency and Ethics Act (chapter T-11.011), where the broker or trust company is also the mandatary of the foreign national during the selection certificate process;

(c)  a description of the procedure for the exchange of information between the parties to the agreement.

O.C. 25-2005, s. 3.

34.2. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 14.

34.3. (Revoked).

O.C. 1725-92, s. 5; O.C. 828-96, s. 14.

35. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 35; O.C. 1784-91, s. 11; O.C. 1725-92, s. 5; O.C. 1238-94, s. 10; O.C. 828-96, s. 14.

36. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 36; O.C. 1784-91, s. 12; O.C. 1109-92, s. 5; O.C. 189-93, s. 6; O.C. 1238-94, s. 11.

37. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 37; O.C. 425-92, s. 2.

38. The Minister shall issue a selection certificate to a foreign national in the economic class who

(a)  obtains, in the awarding of the points as provided in the Regulation respecting weighting in respect of the factors and criteria listed in the Selection grid for the economic class in Schedule A that apply to the foreign national’s subclass, the number of points required as the cutoff score, where applicable, and as the passing score;

(b)  in the case of an entrepreneur selected according to factor 12.2 of the grid, also files with the Minister a document certifying the acquisition of an enterprise related to that factor; or

(c)  in the case of an investor, also files with the Minister a document certifying that the amount indicated in the investment agreement has been invested with one of the subsidiaries of Investissement Québec.

R.R.Q., 1981, c. M-23.1, r. 2, s. 38; O.C. 1080-86, s. 3; O.C. 425-92, s. 3; O.C. 1725-92, s. 6; O.C. 828-96, s. 15; O.C. 728-2002, s. 23; O.C. 25-2005, s. 4; O.C. 838-2006, s. 23; S.Q. 2010, c. 37, s. 141.

38.1. The Minister issues a selection certificate as a skilled worker to a foreign national who stayed temporarily in Québec with the main purpose of working in Québec or in the context of a youth exchange program under an international agreement entered into by Québec or Canada, if the foreign national

(a)  complied with the conditions of the foreign national’s stay and the foreign national is lawfully in Québec at the time of filing his or her application;

(b)  holds, at the time of filing his or her application, full-time employment in Québec, in a skill level higher than C within the meaning of the National Occupational Classification, and held such employment during a period totalling at least 12 months in the 24 months preceding that filing;

(c)  accompanies the application with the result of a standardized French test showing an intermediate oral knowledge of French, level 7 or level 8 according to the Échelle québécoise des niveaux de compétence en français des personnes immigrantes adultes or its equivalent, or with a document certifying that the foreign national has met the linguistic requirements of a professional order, or has successfully completed at least 3 years of full-time studies in French at the secondary or post-secondary level or an intermediate French course, level 7 or level 8 according to that scale or its equivalent, offered by a Québec educational institution in Québec; and

(d)  complies with Factor 9, that deals with financial self-sufficiency, of the Selection grid for the economic class in Schedule A.

O.C. 1725-92, s. 6; O.C. 828-96, s. 15; O.C. 1289-2009, s. 8; O.C. 762-2013, s. 1.

38.2. The Minister issues a selection certificate as a skilled worker to a foreign national who stayed temporarily in Québec with the main purpose of studying in Québec, if the following conditions are met:

(a)  the foreign national stayed in Québec for at least half the duration of his or her program of studies and complied with the conditions of his or her stay;

(b)  since the end of the program of studies, the foreign national has not undertaken other studies in Québec;

(c)  the foreign national obtained from a Québec educational institution in Québec, during the 3 years preceding the filing of the application, a secondary school vocational diploma which, alone or with an attestation of vocational specialization obtained consecutively, attests to 1,800 hours or more of continuing training, a diploma of college studies in a technical program, or a university diploma attesting to a bachelor’s degree, a master’s degree or a doctorate;

(d)  the foreign national completed the program of studies in Québec in French, or the foreign national accompanies the application with the result of a standardized French test showing an intermediate oral knowledge of French, level 7 or level 8 according to the Échelle québécoise des niveaux de compétence en français des personnes immigrantes adultes or its equivalent, or with a document certifying that the foreign national has met the linguistic requirements of a professional order, or has successfully completed at least 3 years of full-time studies in French at the secondary or post-secondary level or an intermediate French course, level 7 or level 8 according to that scale or its equivalent, offered by a Québec educational institution in Québec;

(e)  the foreign national was not the holder of a scholarship with a condition to return to the foreign national’s country at the end of the studies or the foreign national complied with that condition; and

(f)  the foreign national complies with Factor 9, that deals with financial self-sufficiency, of the Selection grid for the economic class in Schedule A.

O.C. 1725-92, s. 6; O.C. 828-96, s. 15; O.C. 1289-2009, s. 8; O.C. 762-2013, s. 2.

38.3. Section 32 does not apply to an application referred to in section 38.1 or 38.2.

O.C. 1725-92, s. 6; O.C. 828-96, s. 15; O.C. 1289-2009, s. 8; O.C. 1043-2015, s. 5.

38.4. (Replaced).

O.C. 1725-92, s. 6; O.C. 828-96, s. 15.

38.5. (Replaced).

O.C. 1725-92, s. 6; O.C. 1238-94, s. 12; O.C. 828-96, s. 15.

39. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 39; O.C. 1323-95, s. 13; O.C. 500-2001, s. 8.

§ 4 . — Special cases

40. The Minister may issue a selection certificate to a foreign national in the economic class if the Minister is of the opinion that the result obtained in the application assessment made in accordance with the Selection grid for the economic class in Schedule A and the Regulation respecting weighting does not reflect the foreign national’s potential to successfully settle in Québec.

R.R.Q., 1981, c. M-23.1, r. 2, s. 40; O.C. 1238-94, s. 13; O.C. 828-96, s. 16; O.C. 838-2006, s. 24.

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.

41. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 41; O.C. 771-82, s. 3.

DIVISION III CONDITIONS RELATING TO THE SPONSOR

42. A sponsor and, where applicable, his spouse or de facto spouse in the cases referred to in the second paragraph of section 45, shall give an undertaking on the prescribed form to:

(a)  provide for the basic needs of the foreign national as established in Schedule C and for which he gives and undertaking and for the basic needs of the family members accompanying the foreign national;

(b)  reimburse the Gouvernement du Québec for any sum it may grant as special benefits or last resort financial assistance benefits under the Individual and Family Assistance Act (chapter A-13.1.1) to the foreign national in respect of whom the undertaking has been given or to the family members accompanying the foreign national; and

(c)  reimburse the government of any province of Canada for the amount of special benefits, last resort financial assistance benefits or similar benefits it may grant to the foreign national in respect of whom the undertaking has been given or to the family members accompanying the foreign national.

R.R.Q., 1981, c. M-23.1, r. 2, s. 42; O.C. 922-89, s. 135; O.C. 1784-91, s. 13; O.C. 1238-94, s. 14; O.C. 413-2000, s. 12; O.C. 728-2002, s. 25.

43. Each member of a group referred to in section 29 or a Québec resident referred to in section 28.1 and a legal person referred to in sections 28 and 28.1 must also undertake to ensure the reception and to provide assistance for the settlement of the foreign national and accompanying family members, including

(a)  reception in the region or locality of settlement;

(b)  information on Québec culture and society as well as consultation services necessary for integration into Québec; and

(c)  assistance in seeking employment.

A legal person who gives an undertaking on behalf of a foreign national referred to in subparagraph iv of paragraph c of section 18 or a foreign national referred to in subparagraph b of paragraph 2 of section 40.1 is exempt from the requirements in the first paragraph.

R.R.Q., 1981, c. M-23.1, r. 2, s. 43; O.C. 1784-91, s. 14; O.C. 728-2002, s. 26; O.C. 838-2006, s. 26.

43.1. A sponsor referred to in section 43 who gives an undertaking may not profit from it in any way, in particular by receiving interest on an investment.

The sponsor may, however, receive administration fees for the undertaking given.

The fees may not exceed 1% of the amount required to provide for the basic needs of the sponsored person and the members of the sponsored person’s family for whom the undertaking is given, as provided for in Schedule C or C-1, as the case may be.

Any violation of the first or third paragraph constitutes an offence.

O.C. 1043-2015, s. 6.

44. Any person who wishes to give an undertaking as a sponsor must demonstrate to the Minister, in accordance with this Regulation, that he will be able to fulfil his undertaking on behalf of the foreign national and the family members accompanying him and that he will also be able to give an undertaking on behalf of the family members of that foreign national who do not accompany him.

R.R.Q., 1981, c. M-23.1, r. 2, s. 44; O.C. 1323-95, s. 14; O.C. 728-2002, s. 27.

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.

46. A legal person referred to in section 28 or a legal person and a Québec resident referred to in section 28.1 are presumed to be able to fulfill their undertaking if they satisfy the Minister that they have and should have, throughout the duration of the undertaking, an annual amount at least equal to the amount required for the basic needs established in Schedule C.

The monetary requirements from a previous undertaking must be taken into account in the calculation of the financial capacity of those persons.

R.R.Q., 1981, c. M-23.1, r. 2, s. 46; O.C. 2057-84, s. 2; O.C. 1784-91, s. 15; O.C. 351-2003, s. 11; O.C. 838-2006, s. 28.

46.1. Any undertaking binds a sponsor from the date on which the form to give an undertaking is signed by an immigration officer.

Where applicable, it also binds the sponsor’s spouse or de facto spouse who solidarily gives an undertaking on behalf of a foreign national.

O.C. 1504-88, s. 10; O.C. 1238-94, s. 16; O.C. 503-98, s. 7; O.C. 728-2002, s. 29.

46.2. The obligations of the sponsor take effect from the date the foreign national obtains the status of permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, in the case of a national admitted under a temporary resident permit issued in accordance with section 24 of that Act, on the date of issue of the permit, if the application is filed in Québec, or on the date of his arrival in Québec, if the application is filed abroad.

O.C. 1504-88, s. 10; O.C. 1784-91, s. 16; O.C. 503-98, s. 8; O.C. 728-2002, s. 30.

46.3. The sponsor’s undertaking lapses if the foreign national on whose behalf he has given the undertaking:

(a)  does not qualify under this Regulation; or

(b)  is not admitted as a permanent resident under the undertaking or as the holder under a temporary resident permit issued in accordance with section 24 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(c)  does not obtain a selection certificate from Québec within 24 months following the date on which the form referred to in section 46.1 was signed.

O.C. 1504-88, s. 10; O.C. 1238-94, s. 17; O.C. 503-98, s. 9; O.C. 728-2002, s. 31.

DIVISION IV CERTIFICATE OF ACCEPTANCE

§ 1 . — Students

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.

48. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 48; O.C. 189-93, s. 9.

49. For the purposes of this Division, the following are excluded from the application of section 3.2 of the Act:

(a)  the class of foreign nationals selected under a federal assistance program for developing countries for the purpose of studying in Québec;

(b)   the class of foreign nationals who wish to take a course lasting not more than 6 months;

(c)  (paragraph revoked);

(d)  a family member of a foreign national staying in Québec as a diplomat, consular officer, representative or official, properly accredited, of a foreign country or of the United Nations or any of its agencies or of any intergovernmental organization in which Québec or Canada participates, or as a member of the staff of any such diplomat, consular officer, representative or official coming to or in Québec to carry out his official duties;

(e)  (paragraph revoked);

(f)  (paragraph revoked);

(g)  for a period of not more than 6 weeks from his arrival in Canada, an American national coming to Québec to study so that he can file an application for a certificate of acceptance;

(h)  a minor child who has 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) or a minor child of a foreign national having filed such an application, and a minor child accompanying one of his parents who comes to Québec mainly to work or study and holds a work or study permit issued under the Immigration and Refugee Protection Regulations (SOR/02-227);

(i)  a foreign national and family members present in Québec referred to in paragraphs a and b of section 5.02 and who are holders of a selection certificate; and

(j)  a foreign national who holds a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act issued with a view to the granting of permanent residence.

R.R.Q., 1981, c. M-23.1, r. 2, s. 49; O.C. 1504-88, s. 12; O.C. 189-93, s. 10; O.C. 1323-95, s. 17; O.C. 728-2002, s. 33; O.C. 351-2003, s. 13; O.C. 838-2006, s. 30.

§ 2 . — Temporary worker

50. The Minister issues, on request, a certificate of acceptance to a foreign national wishing to stay temporarily in Québec to work and who meets the following conditions:

(a)  the foreign national has an employment offer that complies with the conditions set out in sections 50.1 and 50.2 or, if the offer is as a live-in caregiver to provide without supervision home care to a child, an elderly person or a handicapped person, complies with the conditions set out in paragraphs c to f of section 50.1 and section 50.2;

(b)  the foreign national undertakes to hold that employment;

(c)  the foreign national undertakes to work for the employer indicated in the foreign national’s application or, if the foreign national is a farm worker, for the employers indicated in the foreign national’s application, as the case may be; and

(d)  the foreign national meets the conditions of access provided for in the National Occupational Classification to hold that employment and, where applicable, the special conditions specified in the employment offer.

R.R.Q., 1981, c. M-23.1, r. 2, s. 50; O.C. 2057-84, s. 4; O.C. 1504-88, s. 13; O.C. 1725-92, s. 7; O.C. 189-93, s. 11; O.C. 1041-93, s. 5; O.C. 1323-95, s. 18; O.C. 828-96, s. 17; O.C. 578-97, s. 4; O.C. 137-99, s. 1; O.C. 728-2002, s. 34; O.C. 838-2006, s. 31; O.C. 635-2010, s. 1; O.C. 263-2011, s. 2.

50.1. The employment offered to the foreign national must comply with the following conditions:

(a)  the employment does not and is not likely to adversely affect the settlement of any labour dispute at the workplace where the foreign national would carry on the employment, or the employment of any person involved in the dispute, or to contravene the application of the Labour Code (chapter C-27);

(b)  the employment corresponds to the employer’s legitimate labour needs;

(c)  the employment comes directly from the employer who made the offer and who is able to comply with the conditions offered, in particular financially and physically;

(d)  the employment does not come from an employer on the list of employers provided for in subsection 6 of section 203 of the Immigration and Refugee Protection Regulations (SOR/2002-227);

(e)  the employment does not come from an employer who, during the 2 years preceding the application for a certificate of acceptance, has been condemned by a final decision of the Human Rights Tribunal for an application relating to discrimination or reprisals relating to employment or has been convicted of an offence against

i.  section 458 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) for a contravention of the first paragraph of section 32 of that Act, section 461 of that Act for a contravention of section 290, section 463 or section 464 of that Act;

ii.  paragraph 1 or 5 of section 134 of the Charter of human rights and freedoms (chapter C-12) relating to employment;

iii.  section 143 of the Labour Code (chapter C-27) for a contravention of section 14 of that Act;

iv.  section 30 of the Act respecting collective agreement decrees (chapter D-2);

v.  subparagraph 3 of the first paragraph of section 115 of the Pay Equity Act (chapter E-12.001);

vi.  section 139, 140 or 141 of the Act respecting labour standards (chapter N-1.1);

vii.  section 119 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) for a contravention of section 101 of that Act; or

viii.  section 235 of the Act respecting occupational health and safety (chapter S-2.1) or section 236 of that Act for a contravention of section 30 or section 185 of that Act; and

(f)  the employment will likely result in a positive or neutral effect on the labour market in Québec, the Minister’s assessment being based on direct employment creation or employment retention, the development or transfer of skills or knowledge, or the filling of a labour shortage in the profession or trade concerned.

O.C. 263-2011, s. 2.

50.2. Where the employment offered requires that the foreign national have a skill level lower than “B” within the meaning of the National Occupational Classification, and where the period of temporary stay in Québec for work purposes is more than 30 days, that employment must also be accompanied by a written employment contract with the employer. The contract must contain the following:

(a)  the duration of the contract, the place where the foreign national will be employed, a description of the foreign national’s duties, hourly wage, work schedule, vacation and holidays, the deadlines the foreign national and the employer must meet with respect to any notice of resignation or termination of contract, an undertaking on the part of the employer to pay the fees prescribed by law and, in the case of a live-in caregiver who does not understand or speak French, to facilitate the foreign national’s access to French courses, outside working hours;

(b)  a provision stipulating that the standards set forth in the Act respecting labour standards (chapter N-1.1) with respect to the terms and conditions of wage payment, the computation of overtime, mealtimes, statutory general holidays, family or parental leave and absences, absences owing to sickness, accident or a criminal offence, the indemnities and recourses provided for in that Act are applicable to the foreign national to the extent provided by that Act;

(c)  an undertaking on the part of the employer to pay the contributions necessary for the employee to benefit from the protection under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) to the extent provided by that Act; and

(d)  if applicable, the social benefits offered, such as health and hospital insurance, the conditions of the foreign national’s residence offered by the employer and the terms and conditions of payment by the employer of the foreign national’s travel costs for a round trip between the country of residence and the place of employment.

O.C. 263-2011, s. 2.

50.3. For the purpose of determining if the employment offered will likely result in a positive or neutral effect on the labour market in Québec within the meaning of paragraph f of section 50.1, the Minister must take into account that it might be a single employment offer or an aggregate of employment offers from an employer or a group of employers, and the following factors:

(a)  the employer has made or has agreed to make reasonable efforts to hire or train Québec residents;

(b)  the working conditions and the wages offered meet the requirements of the Act respecting labour standards (chapter N-1.1), even in the cases where the Act does not apply to certain categories of employees;

(c)  the working conditions and the wages offered are such as to attract Québec residents into holding and continuing to hold the employment; and

(d)  an improvement in the working conditions or in the wages offered would attract Québec residents into holding and continuing to hold the employment.

O.C. 263-2011, s. 2.

50.4. A foreign national who wishes to stay temporarily in Québec to work as a live-in caregiver must, in addition to the conditions provided for in section 50, meet the following conditions:

(a)  the foreign national has a secondary school diploma attesting to at least 11 years of full-time elementary and secondary school studies;

(b)  the foreign national had for one year, in the 3 years preceding the filing of the foreign national’s application for a certificate of acceptance, a full-time remunerated employment in that field of employment, including at least 6 consecutive months with the same employer, or the foreign national has successfully completed, in the same field, full-time vocational training of at least 6 months in a vocational school; and

(c)  the foreign national understands and speaks French or English.

O.C. 263-2011, s. 2.

50.5. A certificate of acceptance is issued for the employment and the employer indicated in the offer, for a duration not exceeding the duration of the employment offered, but not over 48 months.

On the expiry of the period of validity of a certificate of acceptance, a new certificate may be issued, on request, to a foreign national who meets the conditions provided for in section 50.

A foreign national who wishes to modify the undertakings made under paragraphs b and c of section 50 must file a new application for a certificate of acceptance.

The Minister may refuse a foreign national’s application if, during the period of validity of a certificate previously issued, the foreign national failed to comply with the undertakings made under paragraphs b and c of section 50, unless more than 6 months have elapsed since the Minister became aware of the failure.

O.C. 263-2011, s. 2.

51. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 51; O.C. 1784-91, s. 17; O.C. 189-93, s. 12.

52. (Revoked).

R.R.Q., 1981, c. M-23.1, r. 2, s. 52; O.C. 1504-88, s. 14.

53. For the purposes of this Subdivision, a foreign national who is staying temporarily in Québec to work for 30 days or less or to work while the foreign national’s admission to Canada is not governed by the requirements concerning the determination of the positive or neutral effect on the labour market, according to Part 11 of the Immigration and Refugee Protection Regulations (SOR/2002-227), is exempt from the application of section 3.2 of the Act.

R.R.Q., 1981, c. M-23.1, r. 2, s. 53; O.C. 189-93, s. 13; O.C. 728-2002, s. 35; O.C. 263-2011, s. 3.

§ 3 . — Visit for medical treatment

54. (1)  The Minister shall issue a certificate of acceptance to a foreign national wishing to stay temporarily in Québec to receive medical treatment in a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2), if the foreign national:

(a)  produces documents establishing that the medical treatment required by his state of health cannot be obtained in his country of residence;

(b)  except when the attending physician certifies in writing that any delay would seriously compromise his state of health, produces an attestation from the Minister of Health and Social Services to the effect that the care required can be administered;

(c)  agrees to undergo medical treatment in Québec only for the period indicated in his application for a certificate of acceptance;

(d)  includes with his application documents showing that the costs of his stay and his medical and hospital treatments will be paid;

(e)  has paid the fees prescribed in section 57 for the processing of his application for a certificate of acceptance.

(2)  Before the terms of his undertaking referred to in subsection 1 may be changed, the foreign national must submit a new application for a certificate of acceptance.

(3)  The certificate of acceptance is issued for the expected duration of the medical treatment. At the expiry of the period of validity of the certificate, a new certificate of acceptance may, upon application by the foreign national, be issued to him to complete his medical treatment.

R.R.Q., 1981, c. M-23.1, r. 2, s. 54; O.C. 1504-88, s. 15; O.C. 189-93, s. 14; O.C. 1041-93, s. 6.

DIVISION V FEES PAYABLE

O.C. 1109-92, s. 6.

55. The fees to be paid by a sponsor referred to in section 23 for the processing of an application for an undertaking are $272 for the first person and $109 for each other person covered by the application.

The fees must be paid when the application for an undertaking is filed.

O.C. 1109-92, s. 6; O.C. 1041-93, s. 7; O.C. 1238-94, s. 19; O.C. 563-96, s. 2; O.C. 728-2002, s. 30.

56. The fees to be paid for the processing of an application for a selection certificate filed by a foreign national belonging to the economic class are:

(1)  $1,034 for an entrepreneur or a self-employed person;

(2)  $765 for a skilled worker.

The fees must be paid when the application for a selection certificate is filed.

O.C. 1109-92, s. 6; O.C. 1041-93, s. 8; O.C. 563-96, s. 3; O.C. 728-2002, s. 37; O.C. 351-2003, s. 15; O.C. 810-2004, s. 1; O.C. 838-2006, s. 32; O.C. 675-2009, s. 7; O.C. 699-2012, s. 1; S.Q. 2013, c. 16, s. 196.

56.1. The fees to be paid for each family member accompanying a foreign national referred to in section 56 are $164.

The fees must be paid when the application for a selection certificate is filed.

S.Q. 2013, c. 16, s. 196.

56.2. Where the purpose of an application for a selection certificate, in relation to the preceding application, is to add a family member of the foreign national referred to in section 56, the foreign national and his family members are exempt from the payment of the required fees if they already hold a valid selection certificate.

S.Q. 2013, c. 16, s. 196.

57. The fees to be paid for processing an application for a certificate of acceptance filed by a foreign national wishing to stay temporarily in Québec to study or receive medical treatment are $109 and $191 for a foreign national wishing to stay temporarily in Québec to work.

The fees must be paid when the application for a certificate of acceptance is filed.

A foreign national who has filed an application to obtain the protection conferred by paragraph b or c of subsection 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) is exempt from payment of the fees for a certificate of acceptance.

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) is exempt, if the foreign national files an application for a certificate of acceptance for studies, from payment of the fees as provided in the first and second paragraphs, for such an application.

A foreign national who is a minor child who may be exempt from payment of the financial contribution established pursuant to section 473 of the Education Act (chapter I-13.3) is exempt from payment of the fees for the examination of an application for a certificate of acceptance.

A foreign national holding a certificate of acceptance to study who files a new certificate application before the date of expiry of the certificate of acceptance in order to study in a program or a level of study the duration of which is less than the duration of the program or level of study for which the foreign national was issued a certificate of acceptance, is exempt from payment of the fees for the examination of the new certificate application.

O.C. 1041-93, s. 9; O.C. 1323-95, s. 19; O.C. 728-2002, s. 38; O.C. 351-2003, s. 16; O.C. 810-2004, s. 2; O.C. 838-2006, s. 33; O.C. 263-2011, s. 4.

57.1. The fees to be paid for processing an application filed by an employer for a foreign national relating to temporary employment, other than that of a farm worker, or permanent employment are $191.

The fees must be paid when the application is filed.

O.C. 810-2004, s. 3; O.C. 263-2011, s. 5.

DIVISION VI INDEXING

O.C. 1238-94, s. 20.

58. The amounts in Schedules B, C and C-1 shall be indexed on 1 January of each year on the basis of the rate of increase in the general Consumer Price Index for Canada for the period ending 30 September of the preceding year, as determined by Statistics Canada.

The amounts shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The Minister shall inform the public, through Part 1 of the Gazette officielle du Québec and by any other means as he may consider appropriate, of the indexing calculated under this section.

O.C. 1238-94, s. 20.

DIVISION VII

(Obsolete)

O.C. 318-2005, s. 1.

59. (Obsolete).

O.C. 318-2005, s. 1.

60. (Obsolete).

O.C. 318-2005, s. 1.

61. (Obsolete).

O.C. 318-2005, s. 1.

62. (Obsolete).

O.C. 318-2005, s. 1.

63. (Obsolete).

O.C. 318-2005, s. 1.

DIVISION VIII

(Obsolete)

O.C. 1111-2005, s. 1.

64. (Obsolete).

O.C. 1111-2005, s. 1.

65. (Obsolete).

O.C. 1111-2005, s. 1; O.C. 838-2006, s. 34.

66. (Obsolete).

O.C. 1111-2005, s. 1.

67. (Obsolete).

O.C. 1111-2005, s. 1.

68. (Obsolete).

O.C. 1111-2005, s. 1.

DIVISION IX VICTIMS OF EARTHQUAKE IN HAITI

O.C. 77-2010, s. 1.

69. This Division applies to the selection of persons who where severely and personally affected by the earthquake that occurred in Haiti on 12 January 2010.

It applies to an application for a selection certificate filed with the Minister before 31 December 2010 by an earthquake victim belonging to the family class or the class of foreign nationals who are in a particularly distressful situation referred to in subparagraph i of paragraph c of section 18.

O.C. 77-2010, s. 1.

70. In the case of an earthquake victim belonging to the family class, the undertaking required from a sponsor may be given solidarity with another person residing in Québec and, where applicable, the sponsor’s spouse or de facto spouse.

In the case of an application being processed on 17 February 2010, a sponsor who does not have the minimum gross annual income required may join another person and, where application, that person’s spouse or de facto spouse in order to solidarily give the undertaking required.

The conditions applicable to sponsors provided for in section 23 and Division III apply to those persons. Despite the foregoing, the total of their income is used to determine if they have the minimum gross annual income required to provide for the basic needs of the sponsored person and family members whether or not they accompany him or her.

O.C. 77-2010, s. 1.

71. In the case of an earthquake victim belonging to the class of foreign nationals who are in a particularly distressful situation referred to in subparagraph i of paragraph c of section 18, the Minister may issue a selection certificate by taking into account, in addition to the items in section 27, the fact that the foreign national is the subject of an undertaking given for 5 years by a Québec resident at least 18 years of age of whom the foreign national is the brother, sister or non-dependent child.

That undertaking may be given solidarily with another person residing in Québec and, where applicable, that person’s spouse or de facto spouse.

The conditions applicable to sponsors provided for in subparagraphs b to b.5 of the first paragraph of section 23, the second paragraph of section 23 where applicable, paragraphs e and f of section 28.1 and sections 42, 44, 45 and 46.1 to 46.3 apply to those persons. Despite the foregoing, the total of those persons’ income is used to determine if they have the minimum gross annual income required to provide for the basic needs of the sponsored person and family members whether or not they accompany him or her.

The fees to be paid for an application for an undertaking referred to in this section are the fees provided for in section 55.

O.C. 77-2010, s. 1.

72. Despite section 22, an application for a selection certificate made by a foreign national referred to in this Division is processed as a priority.

O.C. 77-2010, s. 1.

SCHEDULE A

(ss. 7, 32, 38 and 40)

SELECTION GRID FOR THE ECONOMIC CLASS

Factors                                        Criteria

 1. Training                    1.1 Education level 

                                (a) secondary school general diploma 
                                (b) secondary school vocational diploma
                                (c) postsecondary school general diploma attesting
                                    to 2 years of full-time studies
                                (d) postsecondary school technical diploma 
                                    attesting to 1 year of full-time studies
                                (e) postsecondary school technical diploma 
                                    attesting to 2 years of full-time studies 
                                (f) secondary school vocational diploma, or post-
                                    secondary school technical diploma attesting
                                    to 1 or 2 years of full-time studies, in
                                    training referred to in section A or B of
                                    Part I or II of criterion 1.2
                                (g) postsecondary school technical diploma
                                    attesting to 3 years of full-time studies
                                (h) postsecondary school technical diploma
                                    attesting to 3 years of full-time studies in
                                    training referred to in section A or B of
                                    Part I or II of criterion 1.2
                                (i) undergraduate university degree attesting to
                                    1 year of full-time studies
                                (j) undergraduate university degree attesting to
                                    2 years of full-time studies
                                (k) undergraduate university degree attesting to
                                    3 years of full-time studies
                                (l) master’s degree attesting to 1 year or more of
                                    full-time studies
                                (m) doctorate

                                The diploma attesting to training must have been 
                                obtained before the date of filing of the 
                                application for a selection certificate.

                                1.2 Areas of training 

                                Québec diploma or diploma issued abroad listed in
                                one of the following sections in the List of areas
                                of training:

                                Section A of Part I
                                Section B of Part I
                                Section C of Part I
                                Section D of Part I
                                Section E of Part I
                                Section F of Part I
                                Section G of Part I

                                Section A of Part II
                                Section B of Part II
                                Section C of Part II
                                Section D of Part II
                                Section E of Part II
                                Section F of Part II
                                Section G of Part II.

                                The diploma attesting to training must have been 
                                obtained before the date of filing of the application 
                                for a selection certificate.

                                If there is more than 1 diploma, the most
                                advantageous diploma for the foreign national is
                                retained.

 2. Experience                  2.1 Professional experience of a skilled
                                worker 

                                less than 6 months 
                                6 to 11 months 
                                12 to 23 months 
                                24 to 35 months 
                                36 to 47 months 
                                48 months or more 

                                The experience must have been acquired in the
                                5 years preceding the date of filing of the 
                                application for a selection certificate and
                                be based on the period of employment in a 
                                profession in a skill level higher than D, 
                                within the meaning of the National
                                Occupational Classification,including
                                training periods, remunerated or not, during
                                an apprenticeship, training or specialization
                                process attested to by a diploma. 

                                2.2 Professional experience of a
                                self-employed person 

                                6 months 
                                1 year 
                                1 1/2 years 
                                2 years 
                                2 1/2 years 
                                3 years 
                                3 1/2 years 
                                4 years 
                                4 1/2 years 
                                5 years or more 

                                The experience of a self-employed person is 
                                based on the period of practice for the
                                person of the profession the person intends
                                to practise in Québec.

                                2.3 Experience in the operation of an
                                enterprise of the entrepreneur 

                                6 months 
                                1 year 
                                1 1/2 years 
                                2 years 
                                2 1/2 years 
                                3 years 
                                3 1/2 years 
                                4 years 
                                4 1/2 years 
                                5 years 
                                5 1/2 years 
                                6 years 
                                6 1/2 years 
                                7 years 
                                7 1/2 years or more 

                                2.4 Management experience of the investor 

                                6 months 
                                1 year 
                                1 1/2 years 
                                2 years 
                                2 1/2 years 
                                3 years 
                                3 1/2 years 
                                4 years 
                                4 1/2 years 
                                5 years 
                                5 1/2 years 
                                6 years 
                                6 1/2 years 
                                7 years 
                                7 1/2 years or more

 3. Age                         18 years of age 
                                19 years of age 
                                20 years of age 
                                21 years of age 
                                22 years of age 
                                23 years of age 
                                24 years of age 
                                25 years of age 
                                26 years of age 
                                27 years of age 
                                28 years of age 
                                29 years of age 
                                30 years of age 
                                31 years of age 
                                32 years of age 
                                33 years of age 
                                34 years of age 
                                35 years of age 
                                36 years of age 
                                37 years of age 
                                38 years of age 
                                39 years of age 
                                40 years of age 
                                41 years of age 
                                42 years of age 
                                43 years of age 
                                44 years of age 
                                45 years of age 
                                46 years of age 
                                47 years of age 
                                48 years of age 
                                49 years of age 
                                50 years of age

 4. Language                    4.1 French 
    proficiency 
                                
                                According to the Échelle québécoise des 
                                niveaux de compétence en français des 
                                personnes immigrantes adultes or its 
                                equivalent:
                                
                                (a) oral interaction

                                - oral comprehension:

                                beginner

                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate
								
                                levels 5 and 6
                                levels 7 and 8
								
                                advanced
								
                                levels 9 and 10
                                levels 11 and 12

                                (b) written interaction

                                - written comprehension:

                                beginner

                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate
								
                                levels 5 and 6
                                levels 7 and 8

                                advanced

                                levels 9 and 10
                                levels 11 and 12
								
                                - written expression:
								
                                beginner
								
                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate
								
                                levels 5 and 6
                                levels 7 and 8

                                advanced

                                levels 9 and 10
                                levels 11 and 12

                                4.2 English
								
                                According to the Canadian Language 
                                Benchmarks or its equivalent:
                                
                                (a) oral interaction
								
                                - oral comprehension:
								
                                beginner
								
                                levels 1 to 4

                                intermediate

                                levels 5 to 8

                                advanced
                                
                                levels 9 to 12
								
                                - oral expression:

                                beginner

                                levels 1 to 4
								
                                intermediate

                                levels 5 to 8

                                advanced

                                levels 9 to 12

                                (b) written interaction

                                - written comprehension:

                                beginner

                                levels 1 to 4

                                intermediate

                                levels 5 to 8

                                advanced

                                levels 9 to 12

                                - written expression:

                                beginner

                                levels 1 to 4

                                intermediate

                                levels 5 to 8

                                advanced

                                levels 9 to 12

 5. Stay and Family             5.1 Stay in Québec 
    in Québec 
                                (a) to study for 1 regular full-time semester if
                                    study is the main activity 
                                (b) to study for at least 2 regular full-time
                                    semesters if study is the main activity
                                (c) to work for at least 3 months if work is
                                    the main activity
                                (d) to work for at least 6 months if work is
                                    the main activity 
                                (e) in the context of a youth exchange program to
                                    which an international agreement entered into
                                    by Québec or Canada applies, if work is the
                                    main activity for at least 3 months
                                (f) in the context of a youth exchange program to
                                    which an international agreement entered into
                                    by Québec or Canada applies, if work is the
                                    main activity for at least 6 months
                                (g) for business for at least 1 week
                                (h) other stay for not less than 2 weeks
                                (i) other stay for at least 3 months

                                The stay, other than the say referred to in
                                paragraph g, must have been completed by the
                                foreign national or the foreign national’s
                                accompanying spouse, including de facto spouse, in
                                the 10 years preceding the date of filing of the
                                application for a selection certificate.

                                The stay referred to in paragraph g must have been
                                completed by the foreign national in the 2 years
                                preceding the date of filing of the application
                                for a selection certificate.

                                5.2 Family in Québec 

                                Relationship with a Québec resident who is,
                                in relation to the foreign national or the
                                foreign national’s accompanying spouse,
                                including de facto spouse, 

                                (a) The spouse, including de facto spouse 
                                (b) son or daughter, father or mother,
                                    brother or sister 
                                (c) grandfather or grandmother 
                                (d) uncle or aunt, niece or nephew

 6. Characteristics             6.1 Education level 
    of the accompanying 
    spouse, including
    de facto spouse             (a) secondary school general diploma  
                                (b) secondary school vocational diploma 
                                (c) postsecondary school general diploma 
                                    attesting to 2 years of full-time studies
                                (d) postsecondary technical diploma attesting to
                                    1 year of full-time studies
                                (e) postsecondary technical diploma attesting to
                                    2 years of full-time studies
                                (f) postsecondary technical diploma attesting to
                                    3 years of full-time studies
                                (g) undergraduate university degree attesting to
                                    1 year of full-time studies
                                (h) undergraduate university degree attesting to
                                    2 years of full-time studies
                                (i) undergraduate university degree attesting to
                                    3 years or more of full-time studies
                                (j) master’s degree attesting to 1 year or more of
                                    full-time studies
                                (k) doctorate

                                The diploma attesting to training must have been 
                                obtained before the date of filing of the application 
                                for a selection certificate.

                                6.2 Areas of training 

                                Québec diploma or diploma issued abroad listed
                                in one of the following sections in the List of
                                areas of training:

                                Section A of Part I
                                Section B of Part I
                                Section C of Part I
                                Section D of Part I
                                Section E of Part I
                                Section F of Part I
                                Section G of Part I

                                Section A of Part II
                                Section B of Part II
                                Section C of Part II
                                Section D of Part II
                                Section E of Part II
                                Section F of Part II
                                Section G of Part II.

                                The diploma attesting to training must have been 
                                obtained before the date of filing of the application 
                                for a selection certificate.

                                If there is more than 1 diploma, the most
                                advantageous diploma for the foreign national is
                                retained.

                                6.3 Professional experience 

                                6 to 11 months 
                                12 months or more 

                                The professional experience must have been 
                                acquired in the 5 years preceding the date of 
                                filing of the application for a selection 
                                certificate and be based on the period of 
                                employment in a profession in a skill level 
                                higher than D, within the meaning of the 
                                National Occupational Classification,
                                including training periods, remunerated or
                                not, during an apprenticeship, training or
                                specialization process attested to by a
                                diploma. 

                                6.4 Age 

                                18 years of age 
                                19 years of age 
                                20 years of age 
                                21 years of age 
                                22 years of age 
                                23 years of age 
                                24 years of age 
                                25 years of age 
                                26 years of age 
                                27 years of age 
                                28 years of age 
                                29 years of age 
                                30 years of age 
                                31 years of age 
                                32 years of age 
                                33 years of age 
                                34 years of age 
                                35 years of age 
                                36 years of age 
                                37 years of age 
                                38 years of age 
                                39 years of age 
                                40 years of age 
                                41 years of age 
                                42 years of age 
                                43 years of age 
                                44 years of age 
                                45 years of age 
                                46 years of age 
                                47 years of age 
                                48 years of age 
                                49 years of age 
                                50 years of age 

                                6.5 Language proficiency
								
                                According to the Échelle québécoise des 
                                niveaux de compétence en français des 
                                personnes immigrantes adultes or its 
                                equivalent:
								
                                (a) oral interaction in French
								
                                - oral comprehension:

                                beginner
								
                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate

                                levels 5 and 6
                                levels 7 and 8
								
                                advanced
								
                                levels 9 and 10
                                levels 11 and 12
								
                                - oral expression:
								
                                beginner
								
                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate
								
                                levels 5 and 6
                                levels 7 and 8
								
                                advanced
								
                                levels 9 and 10
                                levels 11 and 12
								
                                (b) written interaction in French

                                - written comprehension:
								
                                beginner
								
                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate
								
                                levels 5 and 6
                                levels 7 and 8
								
                                advanced
								
                                levels 9 and 10
                                levels 11 and 12
								
                                - written expression:
								
                                beginner
								
                                levels 1 and 2
                                levels 3 and 4
								
                                intermediate
								
                                levels 5 and 6
                                levels 7 and 8
								
                                advanced
								
                                levels 9 and 10
                                levels 11 and 12

 7. Validated                   7.1 Validated employment offer in the
    employment offer                metropolitan area of Montréal 

                                7.2 Validated employment offer outside the 
                                    metropolitan area of Montréal 

                                A validated employment offer is an offer made
                                by an employer in Québec to a foreign
                                national or the foreign national’s
                                accompanying spouse, including de facto
                                spouse, for permanent full-time employment
                                that satisfies the following conditions: 

                                - the employment is in a skill level higher
                                  than D within the meaning of the National 
                                  Occupational Classification and the worker 
                                  meets the conditions of access to the 
                                  profession within the meaning of the 
                                  classification, as well as the particular
                                  requirements for access to the profession
                                  in Québec; 

                                - the employment is not referred to in Minor 
                                  Group 647 of the National Occupational 
                                  Classification (child care and home support 
                                  workers) 

                                - the hiring of the foreign national in
                                  Québec will likely result in a positive or
                                  neutral effect on the labour market in
                                  Québec by basing the assessment on direct
                                  employment creation or employment
                                  retention, the creation or transfer of
                                  skills or knowledge, or the filling of a
                                  labour shortage in the profession or trade
                                  concerned; 

                                - the hiring of the foreign national in
                                  Québec does not and is not likely to
                                  adversely affect the settlement of any
                                  labour dispute at the workplace where the
                                  foreign national would carry on the
                                  employment, or the employment of any person
                                  involved in the dispute, or to contravene
                                  the application of the Labour Code
                                  (chapter C-27); 

                                - an employer who has been operating a
                                  business in Québec for more than 12 months
                                  undertakes in writing to reserve the
                                  employment for the foreign national and the
                                  foreign national undertakes in writing to
                                  hold that employment as soon as the foreign
                                  national enters Canada. 

                                The metropolitan area of Montréal means the 
                                territories in respect of which the regional 
                                conferences of elected officers for Montréal, 
                                Laval and Longueuil, established under
                                section 21.5 of the Act respecting the
                                Ministère des Affaires municipales et des
                                Régions (chapter M-22.1) carry on their
                                activities.

 8. Children                    8.1 12 years of age or younger 

                                8.2 from 13 to 18 years of age 

                                A child means a dependent child of the
                                foreign national, the accompanying spouse,
                                including de facto spouse, and an
                                accompanying dependent child who is a
                                Canadian citizen.

 9. Financial                   Making of a contract by a skilled worker, a 
    self-sufficiency            self-employed person or an entrepreneur, on
                                the form provided by the Minister, in which
                                he undertakes to meet basic needs, those of
                                accompanying family members and a dependent
                                child who is a Canadian citizen for a period
                                of 3 months. 

                                The foreign national must also declare in the 
                                contract that the foreign national will have, 
                                for that period, financial resources at least 
                                equal to those in the scales in Schedule C to 
                                meet basic needs; in the case of a foreign
                                national whose application for permanent
                                residence is processed in Canada,the foreign
                                national must prove that his gross income
                                will allow the foreign national to meet basic
                                needs. 

                                That requirement begins on the date of the 
                                foreign national’s arrival in Canada or, in
                                the case of a foreign national whose
                                application for permanent residence is
                                processed in Canada, on the date of issue of
                                the selection certificate.

10. Adaptability                Overall assessment of the foreign national
                                based on 

                                - knowledge of Québec, in particular the
                                  labour market, the economic sector in which
                                  the foreign national intends to work and
                                  living conditions; 

                                - steps taken to facilitate the foreign 
                                  national’s socioeconomic integration, in 
                                  particular to improve language proficiency
                                  in French or English or obtain a permit to 
                                  practise a regulated profession or trade
                                  and any other steps to facilitate
                                  integration; 

                                - personal qualities regarding professional 
                                  activities, in particular the foreign 
                                  national’s ability to capitalize on
                                  acquired knowledge and achievements, the
                                  knowledge of the difficulties relating to
                                  the immigration project or any other
                                  consideration relating to the immigration
                                  project.

11. Financial resources         Net assets obtained legally with the 
                                accompanying spouse, including de facto 
                                spouse, if applicable, of at least 

                                $50,000 
                                $75,000 
                                $100,000 
                                $125,000 
                                $150,000 
                                $175,000 
                                $200,000 
                                $250,000 
                                $300,000 
                                $350,000 
                                $400,000 
                                $450,000 
                                $500,000 or more

12. Business                    12.1 Ability to carry out a business project   
    project                          in Québec 

                                (a) market exploration, in particular
                                    regarding the knowledge acquired on the
                                    laws and regulations in Québec, the steps
                                    taken to understand the sector of
                                    activities and the actions taken to
                                    create ties with the business community
                                    in Québec; 

                                (b) feasibility of the project, in particular 
                                    regarding the relevant sector of
                                    activity, the scope of the project, the
                                    implementation and operations strategy
                                    and the choice of the region for carrying
                                    out the project and supporting reasons; 

                                (c) relevant financial resources to carry out 
                                    the business project. 

                                12.2 Acquisition of an enterprise in Québec 

                                An enterprise in Québec must be an enterprise 
                                described in subparagraph ii of subparagraph
                                b of the first paragraph of section 21, but it
                                must not have been acquired in the 5 years
                                preceding the filing of the application by
                                another foreign national who has obtained a
                                selection certificate as an entrepreneur.

13. Investment                  In compliance with the Regulation.
    agreement                                    

R.R.Q., 1981, c. M-23.1, r. 2, Sch. A; O.C. 828-96, s. 18; O.C. 413-2000, s. 13; O.C. 500-2001, s. 9; O.C. 728-2002, s. 39; O.C. 351-2003, s. 17; O.C. 25-2005, s. 5; O.C. 838-2006, s. 35; O.C. 675-2009, s. 8; O.C. 762-2013, s. 3; O.C. 629-2014, s. 3; O.C. 1043-2015, s. 7.

SCHEDULE B

(s. 45)

SPONSOR’S REQUIRED MINIMUM INCOME

The scale of the sponsor’s basic needs is established as follows:

 Number of family                                      Sponsor’s gross
members of sponsor                                      annual income

        0                                                  $22,590
        1                                                  $30,495
        2                                                  $37,650
        3                                                  $43,301
        4                                                  $48,192

                

The gross annual income is increased by $4,891 for each additional family member.

R.R.Q., 1981, c. M-23.1, r. 2, Sch. B; O.C. 409-82, s. 1; O.C. 2057-84, s. 5; O.C. 1504-88, s. 16; O.C. 1238-94, s. 21; O.C. 1323-95, s. 20; O.C. 351-2003, s. 18.

SCHEDULE C

(ss. 42 and 46)

SPONSORED PERSON’S BASIC NEEDS

Basic needs include 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).

The scale of the basic needs for 1 year is established as follows:

Number of persons             Number of persons                    Amount of
 18 years of age                 under age 18                     basic needs
    and over                                                      for 1 year


       0                              1                             $6,032
                                      2                             $9,048

                            

The basic needs are increased by $3,016 for each additional person under age 18.

Number of persons             Number of persons                   Amount of
 18 years of age                 under age 18                    basic needs
    and over                                                     for 1 year

       1                              0                            $12,062
                                      1                            $16,209
                                      2                            $18,296
                            

The basic needs are increased by $2,088 for each additional person under age 18.

Number of persons              Number of persons                  Amount of
 18 years of age                  under age 18                   basic needs
    and over                                                     for 1 year

       2                              0                            $17,689 
                                      1                            $19,816 
                                      2                            $21,386 
                            

The basic needs are increased by $1,571 for each additional person under age 18 and by $5,624 for each additional person 18 years of age and over.

R.R.Q., 1981, c. M-23.1, r. 2, Sch. C; O.C. 409-82, s. 1; O.C. 2057-84, s. 5; Erratum, 1985 G.O. 2, 1473; O.C. 1504-88, s. 16; O.C. 1238-94, s. 21; O.C. 1323-95, s. 20.

SCHEDULE C-1

(s. 45)

MINIMUM AMOUNT REQUIRED TO PROVIDE FOR THE SPONSORED PERSON’S BASIC NEEDS

The scale of the minimum amount required to provide for the sponsored person’s basic needs is established as follows:

Number of persons                Number of persons                  Sponsor’s
 18 years of age                   under age 18                   required gross
     and over                                                      annual amount



        0                               1                             $7,819
                                        2                            $12,393


                    

The required gross annual amount is increased by $4,133 for each additional person under age 18.

Number of persons                Number of persons                  Sponsor’s
 18 years of age                   under age 18                   required gross
     and over                                                      annual amount



        1                               0                            $16,524
                                        1                            $22,201
                                        2                            $25,068


                    

The required gross annual amount is increased by $2,865 for each additional person under age 18.

Number of persons                Number of persons                  Sponsor’s
 18 years of age                   under age 18                   required gross
     and over                                                      annual amount



        2                               0                            $24,231
                                        1                            $27,145
                                        2                            $29,903


                    

The required gross annual amount is increased by $2,151 for each additional person under 18 and by $7,704 for each additional person 18 years of age and over.

O.C. 1238-94, s. 21; O.C. 1323-95, s. 20.

SCHEDULE D

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. D; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 425-92, s. 4; O.C. 1238-94, s. 22.

SCHEDULE E

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. E; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE F

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. F; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE G

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. G; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE H-1

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. H-1; O.C. 2057-84, s. 5; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE H-2

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. H-2; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE H-3

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. H-3; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE I

(Revoked)

R.R.Q., 1981, c. M-23.1, r. 2, Sch. I; O.C. 2057-84, s. 5; O.C. 1504-88, s. 16; O.C. 1784-91, s. 18; O.C. 1238-94, s. 22.

SCHEDULE J

(Replaced)

O.C. 1080-86, s. 4; O.C. 1725-92, s. 8; O.C. 828-96, s. 18.

SCHEDULE K

(Revoked)

O.C. 1725-92, s. 8; O.C. 189-93, s. 15; O.C. 597-2000, s. 2.

SCHEDULE L

(Revoked)

O.C. 1725-92, s. 8; O.C. 189-93, s. 16; O.C. 597-2000, s. 2.

TRANSITIONAL

2015

(O.C. 797-2015)SECTION 3. The obligation to file the application for a selection certificate by Internet provided for in the third paragraph of section 3 of the Regulation, as amended by section 1 of this Regulation, does not apply to foreign nationals who hold a validated employment offer, in accordance with Factor 7 of the Selection grid for the economic class in Schedule A to the Regulation, and to temporary residents who are authorized to file their application in Québec, if the application is sent by mail before the date of coming into force of this Regulation (2015-12-31) and received by the Minister not later than 30 days after that date.

The stamp of the Ministère de l’Immigration, de la Diversité et de l’Inclusion is proof of the date on which the application is received by the Minister.

(O.C. 1043-2015) SECTION 8. Sections 31 and 32 of the Regulation, as they read before 31 December 2015, continue to apply to applications for a selection certificate filed before that date.

SECTION 9. Section 43.1 of the Regulation, as it is made by section 6 of this Regulation, does not apply to undertakings given before the date of coming into force of this Regulation.

SECTION 10. Factors 1 and 6 of Schedule A to the Regulation, as they read before 31 December 2015, continue to apply to applications for a selection certificate filed before that date.

2014

(O.C. 629-2014)SECTION 4. Despite the provisions of this Regulation, the definition of “dependent child”, as it read before 1 August 2014, continues to apply to the application for a selection certificate filed with the Minister before 1 August 2014 by a foreign national who is in one of the following situations:

(1) the foreign national is abroad and is referred to in subparagraphs i and iii of paragraph c of section 18 of the Regulation;

(2) the foreign national is referred to in subparagraph i.1 of paragraph c of section 18 of the Regulation;

(3) the foreign national filed an application in one of the subclasses referred to in section 21 of the Regulation.

The same applies to the foreign national subject of an application for an undertaking filed with the Minister before 1 August 2014 under section 28, 28.1 or 29 of the Regulation and subject to paragraph b or, if the foreign national is abroad, subparagraph iii of paragraph c of section 18.

2013

(O.C. 762-2013) SECTION 4. This Regulation does not apply to an application for a selection certificate as a skilled worker subject to the application of paragraph a of section 38 of the Regulation respecting the selection of foreign nationals, filed with the Minister prior to 1 August 2013 and whose preliminary processing has begun.

This Regulation does not apply to an application for a selection certificate as a skilled worker subject to the application of section 38.1 or section 38.2 of the Regulation respecting the selection of foreign nationals, filed with the Minister prior to 1 August 2013 and whose processing has begun.

(S.Q. 2013, c. 16)SECTION 197. The fees payable for the processing of an application for a selection certificate filed by a foreign national belonging to the economic class as an investor, prescribed by subparagraph a of the first paragraph of section 56 of the Regulation respecting the selection of foreign nationals (chapter I.0.2, r. 4), as it read before 14 June 2013, are deemed to have been set by section 6.1 of the Act respecting immigration to Québec (chapter I-0.2), enacted by section 195 of this Act, as of 3 April 2003.

Sums paid as fees under the regulation are deemed to be fees validly collected under the first paragraph. All such sums belong to the Government.

2011

(O.C. 263-2011) SECTION 6. Paragraph e of section 50.1 does not apply to a conviction prior to 1 April 2011 or to a conviction after that date against an offence committed before 1 April 2011.

2010

(O.C. 982-2010) SECTION 4. The application for a selection certificate of a foreign national in the "investor" subclass of the economic class, filed with the Minister before 1 December 2010, is governed by the provisions of subparagraph ii of subparagraph d of the first paragraph of section 21 and the provisions of subparagraphs a and b of the third paragraph of section 34.1, as they read on the date on which the application was filed.

SECTION 5. A foreign national whose application is pending on 1 December 2010 is exempt from paying the fees payable under subparagraph a of the first paragraph of section 56 of the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4) if the foreign national files a new application that complies with this Regulation before 1 December 2011.

REFERENCES

R.R.Q., 1981, c. M-23.1, r. 2

O.C. 409-82, 1982 G.O. 2, 790; Suppl 898

O.C. 771-82, 1982 G.O. 2, 1192; Suppl 899

O.C. 2057-84, 1984 G.O. 2, 3471 and 1985 G.O. 2, 1473

O.C. 1080-86, 1986 G.O. 2, 2081

O.C. 646-88, 1988 G.O. 2, 2075

O.C. 1504-88, 1988 G.O. 2, 3655

O.C. 229-89, 1989 G.O. 2, 1482

O.C. 922-89, 1989 G.O. 2, 2443

O.C. 1968-89, 1990 G.O. 2, 1

O.C. 1784-91, 1991 G.O. 2, 5027

O.C. 425-92, 1992 G.O. 2, 1875

O.C. 1109-92, 1992 G.O. 2, 4141

O.C. 1725-92, 1992 G.O. 2, 5177

S.Q. 1992, c. 21, s. 375

S.Q. 1992, c. 44, s. 39

O.C. 189-93, 1993 G.O. 2, 926

O.C. 1041-93, 1993 G.O. 2, 4660

O.C. 1238-94, 1994 G.O. 2, 3824

O.C. 1323-95, 1995 G.O. 2, 2967

O.C. 563-96, 1996 G.O. 2, 2288

O.C. 828-96, 1996 G.O. 2, 3144

O.C. 93-97, 1997 G.O. 2, 825

O.C. 578-97, 1997 G.O. 2, 1947

O.C. 503-98, 1998 G.O. 2, 1611

S.Q. 1998, c. 36, s. 209

O.C. 137-99, 1999 G.O. 2, 199

O.C. 307-99, 1999 G.O. 2, 399

O.C. 413-2000, 2000 G.O. 2, 1940

O.C. 597-2000, 2000 G.O. 2, 2259

O.C. 500-2001, 2001 G.O. 2, 2195

O.C. 728-2002, 2002 G.O. 2, 3245

O.C. 351-2003, 2003 G.O. 2, 1274

O.C. 810-2004, 2004 G.O. 2, 2587

O.C. 25-2005, 2005 G.O. 2, 489

O.C. 318-2005, 2005 G.O. 2, 795

O.C. 1111-2005, 2005 G.O. 2, 4934

O.C. 838-2006, 2006 G.O. 2, 3069

O.C. 1117-2008, 2008 G.O. 2, 5143

O.C. 675-2009, 2009 G.O. 2, 1861

O.C. 1289-2009, 2009 G.O. 2, 4088

O.C. 77-2010, 2010 G.O. 2, 581

O.C. 635-2010, 2010 G.O. 2, 2245

O.C. 982-2010, 2010 G.O. 2, 2993

O.C. 545-2010, 2010 G.O. 2, 1895

S.Q. 2010, c. 7, s. 282

S.Q. 2010, c. 37, ss. 140 and 141

O.C. 263-2011, 2011 G.O. 2, 816

O.C. 699-2012, 2012 G.O. 2, 2071B

S.Q. 2013, c. 16, s. 196

O.C. 762-2013, 2013 G.O. 2, 1943

S.Q. 2013, c. 28, s. 205

O.C. 629-2014, 2014 G.O. 2, 1459

O.C. 797-2015, 2015 G.O. 2, 2231

O.C. 1043-2015, 2015 G.O. 2, 3237