I-0.2 - Act respecting immigration to Québec

À jour au 21 avril 2015

Ce document a valeur officielle.

chapter I-0.2

Act respecting immigration to Québec

This Act was formerly entitled “An Act respecting the Ministère des Communautés culturelles et de l’Immigration”. The title was replaced by section 12 of chapter 15 of the statutes of 1994.

1981, c. 9, s. 1; 1994, c. 15, s. 12.

DIVISION I DEFINITION

1994, c. 15, s. 14.

1. (Repealed).

1968, c. 68, s. 1; 1977, c. 5, s. 14; 1981, c. 9, s. 2; 1984, c. 47, s. 102; 1994, c. 15, s. 13.

2. In this Act, “foreign national” means a person who is neither a Canadian citizen nor a permanent resident within the meaning of the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27) and the regulations thereunder, who settles temporarily in Québec otherwise than as the representative of a foreign government or as an international civil servant.

1968, c. 68, s. 2; 1974, c. 64, s. 1; 1978, c. 82, s. 1; 1981, c. 9, s. 3; 1994, c. 15, s. 15; 2004, c. 18, s. 1.

DIVISION II SELECTION OF FOREIGN NATIONALS

1994, c. 15, s. 16.

3. The selection of foreign nationals wishing to settle permanently or temporarily in Québec is effected within the framework of government policy concerning immigrants and foreign nationals. The selection is intended, in particular,

(a)  to contribute to the enrichment of the socio-cultural heritage of Québec, to the stimulation of its economic development and to the pursuit of its demographic objectives;

(b)  to facilitate the reuniting, in Québec, of Canadian citizens and permanent residents with their close relatives from abroad;

(c)  to enable Québec to assume its share of responsibilities regarding the reception of refugees and other persons in a particularly distressful situation;

(d)  to favour the coming, among foreign nationals who apply therefor, of persons who will be able to become successfully established in Québec;

(e)  to facilitate the conditions of the stay in Québec of foreign nationals wishing to study, work temporarily or receive medical treatment, having regard to the reasons for their coming and the capacity of Québec to receive them.

1968, c. 68, s. 3; 1969, c. 9, s. 3; 1974, c. 6, s. 111; 1974, c. 64, s. 2; 1978, c. 82, s. 2; 1988, c. 41, s. 69; 1993, c. 70, s. 1; 1994, c. 15, s. 17.

3.0.0.1. The Minister, having regard to government policy concerning immigrants and foreign nationals, shall formulate guidelines respecting immigration and table them in the National Assembly for examination by the appropriate committee of the Assembly. The National Assembly may, for that purpose, hear any person or organization.

2004, c. 18, s. 3.

3.0.1. The Minister, having regard to government policy concerning immigrants and foreign nationals and to its guidelines on immigration, shall establish an annual immigration plan.

The purpose of the plan is to specify planned immigration levels to promote the enrichment of the sociocultural fabric of Québec within the framework of the objectives pursued in the selection of foreign nationals.

The plan shall set out the maximum or estimated number of foreign nationals who may settle in Québec or of selection certificates that may be issued, and their distribution by class or within the same class; the maximum or estimated number may also be determined by source area. The plan shall take into account, among other factors, the projected overall demand for selection certificates, the projected admission and selection levels and Québec’s capacity to welcome and integrate immigrants.

A source area may comprise a country, a group of countries, a continent or part of a continent.

The plan shall be tabled in the National Assembly not later than 1 November or, if the Assembly is not sitting on that date, not later than the fifteenth day after resumption.

1998, c. 15, s. 1; 1999, c. 71, s. 1; 2004, c. 18, s. 4.

3.1. A foreign national wishing to settle permanently in Québec must, except for the classes and in the cases prescribed by regulation, file an application for a selection certificate with the Minister of Immigration and Cultural Communities in accordance with the procedure prescribed under paragraph f of section 3.3.

The Minister shall issue a selection certificate to the foreign national who meets the conditions and criteria of selection determined by regulation.

Despite the second paragraph, the Minister may, in accordance with the regulations, issue a selection certificate to a foreign national in a particularly distressful situation, in particular, in the case of Convention refugees as defined in the Immigration Act (R.S.C. 1985, c. I-2), or in any other 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. Conversely, the Minister may refuse to issue such a certificate to a foreign national who meets the conditions and criteria of selection if he has reasonable grounds to believe that the foreign national does not intend to settle in Québec or is unlikely to settle successfully in Québec or that the settlement of the foreign national would be contrary to public interest.

1978, c. 82, s. 3; 1992, c. 5, s. 1; 1994, c. 15, s. 18; 1993, c. 70, s. 2; 1996, c. 21, s. 48; 1998, c. 15, s. 2; 1999, c. 71, s. 2; 2005, c. 24, s. 38; 2013, c. 16, s. 192.

3.1.1. In the cases determined by regulation, an undertaking to assist a foreign national to settle in Québec is required.

Not in force

Where determined by regulation, an undertaking to assist the foreign national in settling in Québec shall constitute one of the selection criteria prescribed under paragraph b of section 3.3.

The application for an undertaking shall be filed by a person or group of persons determined by regulation according to the conditions prescribed thereby. If, in the opinion of the Minister, the person or group of persons meets the conditions prescribed by regulation, the undertaking shall be subscribed to according to the terms determined by regulation. The application for an undertaking and the undertaking shall be made on the form prescribed by the Minister.

The Minister shall issue a certificate of undertaking to a foreign national in whose respect an undertaking has been made and who is not required to file an application for a selection certificate.

1991, c. 3, s. 1; 1993, c. 70, s. 3; 1998, c. 15, s. 3.

3.1.2. A foreign national in Québec who does not hold a selection certificate may make an application to the Minister for a certificate of statutory situation. He shall file his application in accordance with the procedure prescribed under paragraph f of section 3.3.

The Minister shall issue a certificate of statutory situation to any foreign national who meets the conditions determined by regulation.

1992, c. 5, s. 2; 1993, c. 70, s. 4; 1998, c. 15, s. 4.

3.1.3. The Minister may impose conditions prescribed under paragraph f.1.2 of section 3.3 which affect the granting of permanent residence under the Immigration and Refugee Protection Act (Statutes of Canada, 2001, chapter 27) to a foreign national who applies for a selection certificate.

The Minister may, in the cases determined by regulation or at the request of a permanent resident, modify, lift or cancel the conditions imposed.

1993, c. 70, s. 5; 2004, c. 18, s. 5.

3.2. Excepting the classes of foreign nationals excluded by regulation, every foreign national seeking temporary admission to Québec to work, study or receive medical treatment must hold a certificate of acceptance issued by the Minister. He must file an application in accordance with the procedure prescribed under paragraph f of section 3.3.

The Minister shall issue a certificate of acceptance to the foreign national who meets the conditions determined by regulation.

Notwithstanding the second paragraph, the Minister may, in cases provided for by regulation, exempt a foreign national from the application of the conditions contemplated in the second paragraph and issue a certificate of acceptance to him.

1978, c. 82, s. 3; 1979, c. 32, s. 9; 1993, c. 70, s. 6; 1998, c. 15, s. 5.

3.2.1. Where the Minister so requires, any person must, under penalty of refusal of the application for a selection certificate, a certificate of acceptance or a certificate of statutory situation or of the application for an undertaking, demonstrate to the Minister the truthfulness of the declarations made by the person respecting the application and submit to him, in the manner and time determined by him, any document which the Minister deems to be pertinent.

In particular, the Minister may refuse any application containing any false or misleading information or document.

1991, c. 3, s. 2; 1992, c. 5, s. 3; 1993, c. 70, s. 7; 1998, c. 15, s. 6; 2004, c. 18, s. 7.

3.2.2. The Minister may cancel a selection certificate, a certificate of acceptance, a certificate of statutory situation, an undertaking or a certificate of undertaking

(a)  where the application for a certificate or an undertaking contains any false or misleading information or document;

(b)  where the certificate was delivered or the undertaking accepted by error;

(c)  where the conditions required for the issue of the certificate or the acceptance of the undertaking cease to exist.

The decision of the Minister shall take effect immediately. It must give reasons and be submitted in writing to the person concerned.

1991, c. 3, s. 2; 1992, c. 5, s. 4; 1998, c. 15, s. 7; 2004, c. 18, s. 8.

3.2.2.1. The Minister may refuse to examine an application for a certificate made by a person who, in the past five years, has provided any false or misleading information or document relating to an application under this Act.

The Minister may also refuse to examine an application for an undertaking made by a person who, in the past two years, has provided such information or such a document.

2004, c. 18, s. 9.

DIVISION III INTEGRATION OF FOREIGN NATIONALS

1994, c. 15, s. 19.

3.2.3. The Minister shall establish and maintain, for those persons who settle in Québec, an integration program for the purpose of favouring their introduction to Québec life.

1991, c. 3, s. 2.

3.2.4. The Minister, under the integration program, shall provide and take charge of the implementation of linguistic integration services consisting of services of French language instruction and introduction to Québec life.

1991, c. 3, s. 2.

3.2.5. Immigrants domiciled in Québec who are unable to demonstrate, according to the evaluation procedure prescribed by regulation, a knowledge of French adequate to assuring their harmonious integration with the francophone majority of Québec society and who meet the other conditions established by regulation are admissible for linguistic integration services.

The maintaining and extension of the services are conditional upon compliance by the student receiving them with the conditions prescribed by regulation.

1991, c. 3, s. 2.

3.2.6. The Minister may allocate financial assistance to a student receiving linguistic integration services.

1991, c. 3, s. 2; 1998, c. 15, s. 8.

3.2.7. The Minister may, according to the conditions prescribed by regulation, grant a loan to an immigrant in a particularly distressful situation with a view to enabling him to discharge the cost or a part of the cost of his immigration to Québec or to assisting him to discharge the costs of becoming established in Québec.

1991, c. 3, s. 2; 1993, c. 70, s. 10; 1998, c. 15, s. 9.

3.2.8. The Minister may defer a loan repayment or reduce the obligations of repayment where the borrower shows that he is unable to repay his loan according to the terms and conditions prescribed by regulation.

Where it has been impossible to recover a debt resulting from a loan even though the appropriate recovery measures have been applied to it, the Minister may grant a release from the debt.

1991, c. 3, s. 2.

DIVISION IV REGULATIONS AND AGREEMENTS

1994, c. 15, s. 20.

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.

A regulation under any of subparagraphs a to b.6, f.2 and f.3 of the first paragraph is not subject to the publication requirement set out in section 8 of the Regulations Act (chapter R-18.1) and, despite section 17 of that Act, comes into force on the date of its publication in the Gazette officielle du Québec or on any later date mentioned in the regulation.

1978, c. 82, s. 3; 1979, c. 32, s. 10; 1981, c. 23, s. 32; 1984, c. 47, s. 103; 1987, c. 75, s. 1; 1991, c. 3, s. 3; 1992, c. 5, s. 5; 1993, c. 70, s. 11; 1998, c. 15, s. 10; 2004, c. 18, s. 10; 2013, c. 16, s. 193; 2015, c. 8, s. 347.

3.4. The Minister may, by regulation,

(a)  establish the weighting of selection criteria and the passing score and, where expedient, the cutoff score determined in relation to a selection criterion, applicable to the preliminary stage of selection established under paragraph b.3 of section 3.3 and to the selection established under paragraph b of section 3.3, which weighting and which scores may vary according to the family situation of the foreign national, according to the classes of foreign nationals and within the same class of foreign nationals;

(b)  determine that the regulation applies to applications that are being processed, or to applications filed after a particular date that are being processed, or to those that have not yet reached a particular stage on the date of coming into force of the regulation;

(c)  if the number of selection certificate applications the Minister intends to accept is determined by a decision made under section 3.5, require a person or partnership referred to in subparagraph b.5 of the first paragraph of section 3.3 that participates in the management of an investment of a foreign national to hold a quota assigned by the Minister;

(d)  set the minimum quota of the person or partnership;

(e)  determine the terms and conditions for assigning a quota to the person or partnership, in particular by providing a quota calculation formula and determining the value of the parameters;

(f)  prescribe the administrative, monetary or other penalties applicable to a person or partnership that does not comply with the quota assigned by the Minister;

(g)  determine the conditions governing the transfer of a quota.

A regulation made under this section is not subject to the requirement to publish contained in section 8 of the Regulations Act (chapter R-18.1) and, notwithstanding section 17 of that Act, comes into force on the date of its publication in the Gazette officielle du Québec, or at any later date fixed in the regulation.

1993, c. 70, s. 12; 2015, c. 8, s. 348.

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.

4. (Repealed).

1968, c. 68, s. 4; 1981, c. 9, s. 4; 1994, c. 15, s. 21.

5. (Repealed).

1968, c. 68, s. 5; 1985, c. 30, s. 55; 1988, c. 41, s. 70.

6. The Minister may, according to law, make any agreement with the Government of Canada or any body thereof and with any other government or body, in conformity with the interests and rights of Québec, to facilitate the carrying out of this Act.

He may make any agreement, in the same manner and with the same authorities or with any department or body of the Gouvernement du Québec, for the exchange of information obtained under an Act entrusted to the administration of that Government, department or body, in order to attain the immigration objectives or to discharge the obligations incumbent upon him under this Act.

1968, c. 68, s. 7; 1991, c. 3, s. 4; 1993, c. 70, s. 13; 1994, c. 15, s. 22.

DIVISION IV.1 FEES PAYABLE

2013, c. 16, s. 195.

6.1. The fees payable for the processing of an application for a selection certificate filed by a foreign national belonging to the economic class as an investor are $15,000.

The fees must be paid when the application for a selection certificate is filed.

The fees are adjusted and rounded off in accordance with section 83.3 of the Financial Administration Act (chapter A-6.001) and the regulation made under that Act.

The Minister publishes the results of the adjustment in the Gazette officielle du Québec and informs the public of the results by any means considered appropriate.

2013, c. 16, s. 195; 2015, c. 8, s. 349.

7. (Repealed).

1968, c. 68, s. 8; 1977, c. 5, s. 14; 1984, c. 44, s. 21.

8. (Repealed).

1968, c. 68, s. 9; 1974, c. 64, s. 4; 1978, c. 82, s. 4; 1981, c. 9, s. 5; 1984, c. 44, s. 21.

9. (Repealed).

1968, c. 68, s. 10; 1968, c. 9, s. 90; 1994, c. 15, s. 23.

10. (Repealed).

1968, c. 68, s. 11; 1981, c. 9, s. 6; 1983, c. 55, s. 161; 1984, c. 47, s. 104; 1994, c. 15, s. 23.

11. (Repealed).

1968, c. 68, s. 12; 1984, c. 47, s. 104; 1994, c. 15, s. 23.

12. (Repealed).

1968, c. 68, s. 13; 1978, c. 15, s. 140; 1984, c. 47, s. 104; 1994, c. 15, s. 23.

DIVISION V INVESTIGATIONS

1994, c. 15, s. 24.

12.1. The Minister or any person designated by him as investigator or inspector may make inquiries in order to ensure that this Act and the regulations are being complied with and to prevent, detect or repress contraventions to this Act.

1978, c. 82, s. 5; 1991, c. 3, s. 5; 1992, c. 5, s. 6; 1993, c. 70, s. 14.

12.1.1. In conducting an investigation, the Minister and investigators are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1993, c. 70, s. 15.

12.1.2. An inspector may, for the purposes of this Act and the regulations, require any information and any document and examine and make copies of such documents.

1993, c. 70, s. 15.

12.1.3. No inspector may be prosecuted for acts performed in good faith in the carrying out of his duties.

1993, c. 70, s. 15.

12.1.4. On request, an inspector or investigator shall identify himself and produce the certificate signed by the Minister and attesting his capacity.

1993, c. 70, s. 15.

12.2. Any copy of a book, register or document produced for an investigation and certified by the Minister or an investigator as being a true copy of the original, is admissible as proof and has the same probative force as the original.

1978, c. 82, s. 5; 1991, c. 3, s. 5.

DIVISION VI PENAL PROVISIONS

1994, c. 15, s. 25.

12.3. Every person is guilty of an offence who communicates information he knows or should have known to be false or misleading to the Minister or to an investigator or inspector in relation to an application

(a)  for a selection certificate, a certificate of acceptance, a certificate of statutory situation, or an undertaking;

(b)  for access to linguistic integration services;

(c)  for financial assistance for a student receiving linguistic integration services;

(d)  for a loan for an immigrant in a particularly distressful situation.

1978, c. 82, s. 5; 1990, c. 4, s. 583; 1991, c. 3, s. 5; 1992, c. 5, s. 7; 1993, c. 70, s. 16; 1998, c. 15, s. 11.

12.4. Every person who contributes to the issue of a selection certificate, a certificate of acceptance, a certificate of undertaking or a certificate of statutory situation to a foreign national or to the subscription of an undertaking in favour of a foreign national in contravention of this Act is guilty of an offence.

1991, c. 3, s. 5; 1992, c. 5, s. 8; 1998, c. 15, s. 12.

12.4.1. Every person who obstructs an inspector in the carrying out of his duties is guilty of an offence.

1993, c. 70, s. 17.

12.4.2. Every person who acts as an immigration consultant without being duly recognized by the Minister or while the person’s recognition is suspended, non-renewed, revoked or cancelled is guilty of an offence.

2004, c. 18, s. 12.

12.4.3. No person may use or evoke the expression “Immigration-Québec”, “Ministère de l’Immigration et des Communautés culturelles” or “Ministère de l’Immigration du Québec” in order to hold out or lead to the belief that the person’s conduct, operations or services are approved by the Minister or the Government.

No person may use or evoke the expression “Immigration-Québec”, “Ministère de l’Immigration et des Communautés culturelles” or “Ministère de l’Immigration du Québec” in order the hold out or lead to the belief that the person’s competence is recognized by the Minister or the Government, unless the person is recognized as an immigration consultant in accordance with this Act.

Every person who contravenes this section is guilty of an offence.

2004, c. 18, s. 12; 2005, c. 24, s. 39.

12.4.4. Every person who contravenes a provision referred to in paragraph q of section 3.3 is guilty of an offence.

2004, c. 18, s. 12.

12.5. A natural person is liable to a fine of $500 to $1,000 in the case of an offence under section 12.3, to a fine of $1,000 to $10,000 in the case of an offence under section 12.4, to a fine of $250 to $1,000 in the case of an offence under section 12.4.1 and to a fine of $1,000 to $50,000 in the case of an offence under section 12.4.2, 12.4.3 or 12.4.4.

Where the offence is committed by a legal person, the fine shall be doubled.

In the case of a second or subsequent offence, the fine prescribed for a first offence shall be doubled.

1991, c. 3, s. 5; 1993, c. 70, s. 18; 2004, c. 18, s. 13.

12.6. Where a legal person is guilty of an offence described by this Act, the director, officer or representative of the legal person who prescribed or authorized the performance of the act or the omission which constitutes the offence or who consented thereto is party to the offence and liable to the penalty prescribed by law.

1991, c. 3, s. 5; 1999, c. 40, s. 147.

12.7. Prescription of penal proceedings begins to run, for an offence contemplated by section 12.3, on the date of examination of the information disclosed to the Minister or investigator and, for an offence contemplated by section 12.4, on the date of examination of the application for the selection certificate, the certificate of acceptance, the undertaking or the certificate of statutory situation.

Prescription of proceedings under section 12.4.2 or 12.4.3 begins to run on the date the Minister becomes aware of the offence.

However, no proceedings may be instituted if more than five years have elapsed from the date of the commission of the offence.

1991, c. 3, s. 5; 1992, c. 5, s. 9; 1998, c. 15, s. 13; 2004, c. 18, s. 14.

13. (Repealed).

1968, c. 68, s. 14; 1978, c. 15, s. 140; 1983, c. 55, s. 161; 1984, c. 47, s. 105; 1994, c. 15, s. 26.

14. (Repealed).

1968, c. 68, s. 15; 1974, c. 64, s. 5; 1984, c. 47, s. 106; 1988, c. 41, s. 71; 1994, c. 15, s. 26.

15. (Repealed).

1968, c. 68, s. 16; 1974, c. 64, s. 6; 1994, c. 15, s. 26.

16. (Repealed).

1968, c. 68, s. 17; 1992, c. 5, s. 10; 1994, c. 15, s. 26.

DIVISION VII PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1994, c. 15, s. 27; 1997, c. 43, s. 302.

17. A decision of the Minister may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec by

(a)  any natural person whose application for an undertaking is rejected or whose undertaking is cancelled;

(b)  any foreign national whose selection certificate or certificate of acceptance is cancelled;

(c)  any person whose recognition as an immigration consultant is refused, suspended, revoked or cancelled.

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33; 1991, c. 3, s. 6; 1997, c. 43, s. 302; 2004, c. 18, s. 15.

18. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

19. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

20. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

21. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

22. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

23. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

24. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

25. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

26. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

27. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

28. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

29. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

30. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

31. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

32. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

33. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

34. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

35. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

36. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

37. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

38. (Replaced).

1991, c. 3, s. 6; 1997, c. 43, s. 302.

39. (Replaced).

1991, c. 3, s. 6; 1992, c. 5, s. 11; 1994, c. 15, s. 28; 1997, c. 43, s. 302.

DIVISION VIII FINAL PROVISION

1994, c. 15, s. 29.

40. The Minister of Immigration and Cultural Communities is responsible for the administration of this Act.

1994, c. 15, s. 29; 1996, c. 21, s. 49; 2005, c. 24, s. 40.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-23.1 of the Revised Statutes, in force on 1 September 1994, is repealed effective from the coming into force of chapter I-0.2 of the Revised Statutes.