I-0.2 - Act respecting immigration to Québec

Section 3.5 Disposition versions

2013-06-14

3.5. Despite any other provision of this Act, the Minister may, particularly in view of the guidelines and objectives set out in the annual immigration plan and of Québec’s needs and its capacity to welcome and integrate immigrants, make a decision in relation to the receipt and processing of applications for selection certificates for a specified period.

The decision may apply to all countries or a source area and to a class of foreign nationals or part of a class of foreign nationals. It may, in particular, pertain to the maximum number of applications the Minister intends to accept, the suspension of the receipt of applications, the order of priority for the processing of applications and the disposal of applications the Minister has yet to examine.

The decision stands for a maximum period of 14 months and may be modified or renewed.

The Minister shall publish the decision in the Gazette officielle du Québec and in any medium considered appropriate.

Decisions take effect on the date of their publication or on any later date specified. The reason for a decision must be included in the decision.

A decision may, if it so specifies, apply to applications for a selection certificate received within three months before its effective date that have yet to be examined by the Minister. In such cases, the Minister shall notify the applicant and, if applicable, return the sums received as fees.

The Regulations Act (chapter R-18.1) does not apply to a decision made under this section.

2004, c. 18, s. 11; 2013, c. 16, s. 194.

2004-06-17

3.5. The Minister may, with the approval of the Government, suspend the receipt of applications for selection certificates for a specified period particularly if the Minister considers that the number of applications for all countries or a source area, or for a class of foreign nationals or part of a class of foreign nationals, will be significantly greater than the estimate set out in the annual immigration plan, that the number of applications from a source area prevents a fair treatment of applications from other areas or that the number of applications in a class or within a class will be detrimental to other applications in view of Québec’s capacity to welcome and integrate immigrants.

The suspension may not exceed one year and may be renewed.

The suspension may apply to all countries or to a source area and to a class of foreign nationals or part of a class of foreign nationals.

A suspension takes effect on the date of the publication of the suspension notice in the Gazette officielle du Québec or on any later date mentioned in the notice. The reason for the suspension must be included in the notice. The same applies to the renewal of a suspension.

A suspension under this section may, if it so specifies, apply to applications for selection certificates received within three months before its effective date that have yet to be examined by the Minister. In such cases, the Minister shall notify the applicant and shall either return the fees sent or reimburse the fees already collected.

2004, c. 18, s. 11.