3.3. The Government may make regulations(a) determining classes of foreign nationals who have filed an application for a selection certificate referred to in section 3.1;
(a.1) determining the cases where and the classes of foreign nationals for which an application for a selection certificate is not required;
(b) determining the conditions of selection applicable to each of such classes of foreign nationals, having regard, in particular, to criteria such as the vocational or professional training and experience of the foreign national, the needs of the labour market in Québec as regards his profession, the age and personal qualities, education, knowledge of languages, and financial capacity of the foreign national, the assistance he may receive from relatives or friends residing in Québec, his place of destination in Québec, and the place of establishment of his enterprise; such conditions and criteria may vary within the same class, in particular by reason of the foreign national’s contribution to enriching the socio-cultural or economic heritage of Québec;
(b.1) determining the classes of foreign nationals which may be exempted from one or several of the conditions and criteria of selection prescribed under subparagraph b and providing that such exemptions may vary within the same class;
(b.2) determining the classes of foreign nationals in respect of which subparagraph b applies to a family member of a foreign national, as defined by regulation, and providing for cases of total or partial exemption of a family member of a foreign national from conditions or criteria of selection; such conditions and criteria may vary according to the family situation of the foreign national and also within the same class;
(b.3) determining, from among the criteria prescribed under subparagraph b, those which apply to a preliminary processing for selection intended to identify the applications which will be processed, prescribing the classes of foreign nationals to which the criteria will apply and determining the cases of total or partial exemption of foreign nationals; the criteria may vary according to the class and also within the same class;
(b.4) prescribing the classes of foreign nationals in respect of which a selection interview must be held, determining the cases of total or partial exemption from this obligation and providing that the obligation may vary within the same class;
(b.5) determining the conditions applicable to a person or partnership that participates in the management of an investment or deposit of a sum of money by a person who files a lawful application;
(b.6) determining the conditions applicable to an investment or deposit as well as the management and disposition of the sums invested or deposited, including their reimbursement and confiscation;
(c) determining the cases where an undertaking to assist a foreign national to settle in Québec is required and the cases where an undertaking ceases to have effect;
(c.1) determining the persons or groups of persons who may file an application for an undertaking and the conditions of the filing;
(c.2) determining the conditions which must be met by the person or group of persons who subscribe to such an undertaking and prescribing exemptions to one or several conditions by reason of the family situation or minority of the foreign national for whom the undertaking is subscribed;
(c.3) determining the terms of the undertaking and its duration, which may vary according to the age or circumstances of the foreign national or of his family;
Not in force
(c.4) determining the cases in which an undertaking to assist a foreign national in settling in Québec constitutes one of the conditions and one of the criteria of selection referred to in subparagraph b;(d) determining the cases where and the classes of foreign nationals to whom the Minister may issue a selection certificate referred to in the third paragraph of section 3.1, and determining the procedure to be followed in a case where the Minister considers that the results obtained following the application of the selection criteria do not reflect whether or not the foreign national will be able to become successfully established in Québec;
(d.1) determining the cases where a certificate of statutory situation referred to in section 3.1.2 is to be issued and determining, according to the status of the foreign national as established under the Immigration Act (Revised Statutes of Canada, 1985, chapter I-2), types of certificates of statutory situation and the conditions applicable to each type;
(e) for the purposes of section 3.2, determining, while having particular regard to labour market conditions in Québec, the conditions that must be met by a foreign national seeking to stay temporarily in Québec to work, determining the conditions that must be met by a foreign national seeking to stay temporarily in Québec to study or receive medical treatment, establishing the cases where the Minister may exempt a foreign national from the application of the conditions referred to in the second paragraph of section 3.2 and issue a certificate of acceptance, and determining the classes of foreign nationals who may be excluded from the application of section 3.2;
(f) determining the procedure that must be followed in order to obtain a selection certificate under section 3.1, a certificate of statutory situation under section 3.1.2 or a certificate of acceptance under section 3.2, or in order to subscribe an undertaking;
(f.1) determining the conditions of validity and the duration of a selection certificate, which may vary according to the class of foreign nationals or within the same class and according to whether the application is made in Québec or abroad;
(f.1.0.1) determining the conditions of validity of a certificate of acceptance, which may vary according to the class of employment or within the same class, and determining the duration of a certificate of acceptance, which may vary, in the case of a foreign national coming to Québec to study, according to whether the person is a minor or of age or according to the program of study or the duration of the studies, and in the case of a foreign national coming to Québec to work, according to the class of employment or within the same class, the duration of employment, the person’s professional experience or labour market needs in the person’s profession;
(f.1.0.2) determining the cases in which a selection certificate or certificate of acceptance lapses, which may vary according to the class of foreign nationals or within the same class;
(f.1.1) determining the duration of a certificate of statutory situation and the cases in which it lapses and providing that the duration and cases in which it lapses may vary by reason, in particular, of the type of certificate of statutory situation;
(f.1.2) for the purposes of section 3.1.3, providing conditions affecting the granting of permanent residence under the Immigration and Refugee Protection Act to a foreign national who applies for a selection certificate under section 3.1 so as to ensure, in particular, the protection of public health, the meeting of regional or sectorial needs for specialized labour, the regional or sectorial creation of enterprises or the financing of such enterprises, and the socio-economic integration of the foreign national, determining classes of foreign nationals according to which such conditions may vary and providing that such conditions may vary within the same class;
(f.1.3) determining the classes of foreign nationals which may be exempted from one or several conditions prescribed under subparagraph f.1.2 and providing that such exemptions may vary within the same class;
(f.1.4) determining the duration of the conditions prescribed under section 3.1.3, determining the classes of foreign nationals according to which the duration may vary and providing that the duration may vary within the same class;
(f.1.5) determining the cases in which the conditions prescribed under section 3.1.3 may be modified, lifted or cancelled;
(f.2) establishing the fees payable for processing an application for an undertaking, a certificate of statutory situation, a selection certificate or a certificate of acceptance, for issuing any such certificate or for subscribing an undertaking, and determining the cases where total or partial exemption from payment is to be granted; the fees may vary in the case of an undertaking according to the family situation of the foreign national, in the case of a certificate of statutory situation according to the authorization allowing the foreign national to be in Canada, in the case of a selection certificate according to the classes of foreign nationals or to the stages in the processing of an application or, in the case of a certificate of acceptance according to the reason for the temporary admission of the foreign national to Québec;
(f.3) establishing the fees payable for processing an application by an employer relating to a temporary or permanent job for a foreign national; the fees may vary according to whether the job is temporary or permanent or according to the class of employment;
(g) (subparagraph repealed);
(h) determining, with regard to linguistic integration services, the services offered, the teaching program, the conditions of admissibility to the services, the form and tenor of an application, the conditions of obtaining, maintaining and extending the said services, the appropriate training period and the procedure for evaluating the knowledge of French; these provisions may vary according to services and classes of immigrants or of students;
(i) (subparagraph repealed);
(j) determining, with a view to assisting the reception and settlement of immigrants in a particularly distressful situation, the classes of loans, the conditions of granting and of repayment thereof, and the applicable rate of interest;
(k) defining the expression “immigration consultant”, determining classes of consultants and establishing various standards according to such classes;
(l) establishing standards of qualification for the recognition of immigration consultants and determining the conditions to be met and the information or documents to be provided to obtain recognition, the duration of the recognition, the conditions for its renewal and the fees payable for an application for recognition or for its renewal;
(m) determining the functions and powers of the Minister with respect to the recognition of immigration consultants and the supervision of their activities, and the cases in which or conditions under which recognition is to be refused, suspended, revoked or not renewed;
(n) determining conditions or obligations applicable to immigration consultants or activities they are prohibited from engaging in, in particular with respect to advertising their services;
(o) prescribing the content and amount of the professional liability insurance policy that immigration consultants are required to hold;
(p) exempting members or a class of members of a professional order from all or part of the rules applicable to immigration consultants;
(q) determining the provisions of a regulation whose violation constitutes an offence; and
(r) providing for administrative, monetary or other penalties for contraventions of this Act or the regulations.