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

Section 28.1 Disposition versions

2016-01-01

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 forced execution of a court judgment ordering support payment, or of a remedy, proceeding or measure for forced 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; I.N. 2016-01-01 (NCCP).

2012-09-01

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.