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

Section 1 Disposition versions

2017-10-24

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 22 years of age and is not a spouse, including a de facto spouse;

ii.  (subparagraph revoked);

iii.  is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 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

i.  an educational institution within the meaning of section 36 of the Education Act (chapter I-13.3);

ii.  a college established in accordance with section 2 of the General and Vocational Colleges Act (chapter C-29);

iii.  a private educational institution for which a permit has been issued under section 10 of the Act respecting private education (chapter E-9.1);

iv.  an educational institution operated under an Act of Québec by a government department or a body that is a mandatary of the State or an arts training institution recognized by the Ministère de la Culture et des Communications;

v.  the Conservatoire de musique et d’art dramatique du Québec established pursuant to the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

vi.  an educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(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; O.C. 517-2017, s. 1; O.C. 974-2017, s. 1.

2017-06-30

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

i.  an educational institution within the meaning of section 36 of the Education Act (chapter I-13.3);

ii.  a college established in accordance with section 2 of the General and Vocational Colleges Act (chapter C-29);

iii.  a private educational institution for which a permit has been issued under section 10 of the Act respecting private education (chapter E-9.1);

iv.  an educational institution operated under an Act of Québec by a government department or a body that is a mandatary of the State or an arts training institution recognized by the Ministère de la Culture et des Communications;

v.  the Conservatoire de musique et d’art dramatique du Québec established pursuant to the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

vi.  an educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(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; O.C. 517-2017, s. 1.

2014-08-01

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.

2014-01-05

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 22 years of age and is not a spouse, including a de facto spouse;

ii.  has depended substantially on the financial support of the parent since before the age of 22, or if the child became a spouse including a de facto spouse before the age of 22, since becoming such a spouse, and since before the age of 22 or since becoming a spouse including a de facto spouse, as the case may be, has been a student continuously enrolled in and attending a postsecondary educational institution accredited by the relevant government authority, and actively pursuing a course of academic, professional or vocational training on a full-time basis; or

iii.  is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 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;

(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.

2012-09-01

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 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 22 years of age and is not a spouse, including a de facto spouse;

ii.  has depended substantially on the financial support of the parent since before the age of 22, or if the child became a spouse including a de facto spouse before the age of 22, since becoming such a spouse, and since before the age of 22 or since becoming a spouse including a de facto spouse, as the case may be, has been a student continuously enrolled in and attending a postsecondary educational institution accredited by the relevant government authority, and actively pursuing a course of academic, professional or vocational training on a full-time basis; or

iii.  is 22 years of age or older and has depended substantially on the financial support of the parent since before the age of 22 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;

(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.