C-11, r. 7 - Regulation respecting the exemption from the application of the first paragraph of section 72 of the Charter of the French language that may be granted to children staying in Québec temporarily

Section 1 Disposition versions

2022-06-01

1. A child who comes to Québec for a temporary stay and who is in one of the following situations is exempted from the application of the first paragraph of section 72 of the Charter of the French language (chapter C-11):

(1)  he holds a Québec certificate of acceptance issued under section 3 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3);

(2)  (subparagraph revoked);

(3)  he is exempted from the obligation to hold a Québec certificate of acceptance or a work permit or study permit referred to in the Immigration and Refugee Protection Act (S.C. 2001, c. 27), except in the cases referred to in subparagraph 3 of the first paragraph of section 84.1 of that Charter;

(4)  he is a dependent child of a foreign national who holds a Québec certificate of acceptance;

(5)  (subparagraph revoked);

(6)  he is a dependent child of a foreign national who is exempted from the obligation to hold a Québec certificate of acceptance, a work permit or a study permit under a statute applicable in Québec;

(7)  he is a Canadian citizen or permanent resident domiciled in another Canadian province or a territory of Canada or is a dependent child of such a Canadian citizen or permanent resident, who comes to Québec to study or work.

In order to be granted an exemption, the following documents and information shall be filed:

(1)  the certificate referred to in subparagraphs 1 and 4 of the first paragraph;

(2)  where applicable, a document issued by a competent authority in immigration, certifying

(a)  that the child or the foreign national who has charge of him is exempted under subparagraph 3 or 6 of the first paragraph and specifying the duration of the stay; or

(b)  that a permanent resident referred to in subparagraph 7 of the first paragraph is a permanent resident within the meaning of the Immigration and Refugee Protection Act;

(3)  a document demonstrating that the child is a dependent child of a foreign national referred to in subparagraphs 4 and 6 of the first paragraph or of a Canadian citizen or permanent resident referred to in subparagraph 7 of the first paragraph;

(4)  where applicable, the following sworn declarations:

(a)  one by the Canadian citizen or permanent resident referred to in subparagraph 7 of the first paragraph, certifying that the stay is temporary;

(b)  one by the person in charge of the educational institution that will be attended or by the employer, confirming that the studies or employment are temporary.

Notwithstanding the foregoing, where refugee status within the meaning of the Immigration and Refugee Protection Act is sought for the child or the foreign national he is accompanying or if the child or foreign national he is accompanying obtains a selection certificate issued under section 22 of the Québec Immigration Regulation for the purposes of sections 18 to 20, 34 and 38 of the Québec Immigration Act, the exemption may not be granted or, as the case may be, ceases to have effect on 30 June of the school year during which refugee status is sought or during which the selection certificate is issued.

In this Regulation, “foreign national” has the meaning assigned to it by section 2 of the Québec Immigration Act and “dependent child” refers to the child of a foreign national or his spouse’s child, the child of a member of the Canadian Armed Forces or his spouse’s child, or the child of a Canadian citizen or permanent resident or his spouse’s child.

O.C. 608-97, s. 1; S.Q. 2022, c. 14, s. 167.

2018-08-02

1. A child who comes to Québec for a temporary stay and who is in one of the following situations is exempted from the application of the first paragraph of section 72 of the Charter of the French language (chapter C-11):

(1)  he holds a certificate of acceptance issued under section 3.2 of the Québec Immigration Act (chapter I-0.2.1);

(2)  he holds an employment authorization or a student authorization issued in accordance with the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(3)  he is exempted from the obligation to hold a certificate of acceptance, an employment authorization or a student authorization under a statute applicable in Québec;

(4)  he is a dependent child of a foreign national who holds a certificate of acceptance;

(5)  he is a dependent child of a foreign national who holds an employment authorization or a student authorization issued in accordance with the Immigration and Refugee Protection Act;

(6)  he is a dependent child of a foreign national who is exempted from the obligation to hold a certificate of acceptance, an employment authorization or a student authorization under a statute applicable in Québec;

(7)  he is a Canadian citizen or permanent resident domiciled in another Canadian province or a territory of Canada or is a dependent child of such a Canadian citizen or permanent resident, who comes to Québec to study or work.

In order to be granted an exemption, the following documents and information shall be filed:

(1)  the certificates or authorizations referred to in subparagraphs 1, 2, 4 and 5 of the first paragraph;

(2)  where applicable, a document issued by a competent authority in immigration, certifying

(a)  that the child or the foreign national who has charge of him is exempted under subparagraph 3 or 6 of the first paragraph and specifying the duration of the stay; or

(b)  that a permanent resident referred to in subparagraph 7 of the first paragraph is a permanent resident within the meaning of the Immigration and Refugee Protection Act;

(3)  a document demonstrating that the child is a dependent child of a foreign national referred to in subparagraphs 4 to 6 of the first paragraph or of a Canadian citizen or permanent resident referred to in subparagraph 7 of the first paragraph;

(4)  where applicable, the following sworn declarations:

(a)  one by the Canadian citizen or permanent resident referred to in subparagraph 7 of the first paragraph, certifying that the stay is temporary;

(b)  one by the person in charge of the educational institution that will be attended or by the employer, confirming that the studies or employment are temporary.

Notwithstanding the foregoing, where refugee status within the meaning of the Immigration and Refugee Protection Act is sought for the child or the foreign national he is accompanying or if the child or foreign national he is accompanying obtains a selection certificate issued under section 3.1 of the Québec Immigration Act, the exemption may not be granted or, as the case may be, ceases to have effect on 30 June of the school year during which refugee status is sought or during which the selection certificate is issued.

In addition, the exemption referred to in subparagraph 7 of the first paragraph shall not last more than 3 years.

In this Regulation, “foreign national” has the meaning assigned to it by section 2 of the Québec Immigration Act and “dependent child” refers to the child of a foreign national or his spouse’s child, the child of a member of the Canadian Armed Forces or his spouse’s child, or the child of a Canadian citizen or permanent resident or his spouse’s child.

O.C. 608-97, s. 1.

2012-09-01

1. A child who comes to Québec for a temporary stay and who is in one of the following situations is exempted from the application of the first paragraph of section 72 of the Charter of the French language (chapter C-11):

(1)  he holds a certificate of acceptance issued under section 3.2 of the Act respecting immigration to Québec (chapter I-0.2);

(2)  he holds an employment authorization or a student authorization issued in accordance with the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(3)  he is exempted from the obligation to hold a certificate of acceptance, an employment authorization or a student authorization under a statute applicable in Québec;

(4)  he is a dependent child of a foreign national who holds a certificate of acceptance;

(5)  he is a dependent child of a foreign national who holds an employment authorization or a student authorization issued in accordance with the Immigration and Refugee Protection Act;

(6)  he is a dependent child of a foreign national who is exempted from the obligation to hold a certificate of acceptance, an employment authorization or a student authorization under a statute applicable in Québec;

(7)  he is a Canadian citizen or permanent resident domiciled in another Canadian province or a territory of Canada or is a dependent child of such a Canadian citizen or permanent resident, who comes to Québec to study or work.

In order to be granted an exemption, the following documents and information shall be filed:

(1)  the certificates or authorizations referred to in subparagraphs 1, 2, 4 and 5 of the first paragraph;

(2)  where applicable, a document issued by a competent authority in immigration, certifying

(a)  that the child or the foreign national who has charge of him is exempted under subparagraph 3 or 6 of the first paragraph and specifying the duration of the stay; or

(b)  that a permanent resident referred to in subparagraph 7 of the first paragraph is a permanent resident within the meaning of the Immigration and Refugee Protection Act;

(3)  a document demonstrating that the child is a dependent child of a foreign national referred to in subparagraphs 4 to 6 of the first paragraph or of a Canadian citizen or permanent resident referred to in subparagraph 7 of the first paragraph;

(4)  where applicable, the following sworn declarations:

(a)  one by the Canadian citizen or permanent resident referred to in subparagraph 7 of the first paragraph, certifying that the stay is temporary;

(b)  one by the person in charge of the educational institution that will be attended or by the employer, confirming that the studies or employment are temporary.

Notwithstanding the foregoing, where refugee status within the meaning of the Immigration and Refugee Protection Act is sought for the child or the foreign national he is accompanying or if the child or foreign national he is accompanying obtains a selection certificate issued under section 3.1 of the Act respecting immigration to Québec, the exemption may not be granted or, as the case may be, ceases to have effect on 30 June of the school year during which refugee status is sought or during which the selection certificate is issued.

In addition, the exemption referred to in subparagraph 7 of the first paragraph shall not last more than 3 years.

In this Regulation, “foreign national” has the meaning assigned to it by section 2 of the Act respecting immigration to Québec and “dependent child” refers to the child of a foreign national or his spouse’s child, the child of a member of the Canadian Armed Forces or his spouse’s child, or the child of a Canadian citizen or permanent resident or his spouse’s child.

O.C. 608-97, s. 1.