I-0.2, r. 1 - Regulation respecting the granting of loans to foreign nationals in a particularly distressful situation

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter I-0.2, r. 1

Regulation respecting the granting of loans to foreign nationals in a particularly distressful situation

Act respecting immigration to Québec

(chapter I-0.2, s. 3.3).

1. A foreign national who is in a particularly distressful situation and wishes to obtain a loan from the Minister of Immigration and Cultural Communities shall apply therefor using the form in Schedule I provided by the Minister.

The application shall be accompanied by documents attesting that the foreign national meets the conditions set out in paragraphs 1 to 4 of section 2.

O.C. 466-91, s. 1.

2. The Minister shall grant the loan if the applicant:

(1)  has the status of permanent resident within the meaning of section 2 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) as a Convention refugee as defined in the Convention Relating to the Status of Refugees, signed in Geneva on 28 July 1951, and in the Protocol signed in New York on 31 January 1967, or as a member of one of the classes of persons referred to in section 12 of that Act;

(2)  arrived in Canada less than 1 year before making the application;

(3)  resides in Québec;

(4)  has available for himself and, where applicable, for his spouse and dependants, sums of money inferior to those listed in Schedule C to the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4) to meet his basic needs for the time mentioned in that Schedule; and

(5)  undertakes to provide the Minister with all vouchers justifying the use made of the loan.

O.C. 466-91, s. 2; O.C. 639-92, s. 1.

3. The classes of loans granted by the Minister are:

(1)  loans for the purchase of movable property related to the holding of employment in Québec by a foreign national, up to a maximum amount of $2,500;

(2)  loans for the purchase of movable property for settling in Québec, up to a maximum amount of $800 for a foreign national settling alone or $1,600 for a foreign national settling with his spouse. Those amounts are increased by $400 for each dependant of a foreign national;

(3)  loans for basic needs defined in Schedule C to the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4), up to a maximum amount equal to the amount listed in that Schedule to evaluate basic needs for the time therein mentioned; and

(4)  loans to pay the cost, in full or in part, of a foreign national’s transportation and, where applicable, of the transportation of his spouse and dependants, from his point of arrival in Québec to his place of settlement in Québec, up to a maximum amount of $1,000.

For the purposes of subparagraphs 2 and 4 of the first paragraph and of paragraph 4 of section 2, an unmarried child of a foreign national or of a foreign national’s spouse, or an unmarried child born to that child, where the child settles with the foreign national in Québec, is a dependant of that foreign national.

O.C. 466-91, s. 3.

4. A foreign national to whom a loan is granted shall undertake to repay the loan:

(1)  in 12 equal and consecutive monthly instalments where the amount of the loan is less than $750;

(2)  in 24 equal and consecutive monthly instalments where the amount of the loan is between $750 and $1,499;

(3)  in 36 equal and consecutive monthly instalments where the amount of the loan is between $1,500 and $2,249;

(4)  in 48 equal and consecutive monthly instalments where the amount of the loan is between $2,250 and $2,999; or

(5)  in 60 equal and consecutive monthly instalments where the amount of the loan exceeds $3,000.

Repayment of the loan shall begin on the first day of the month following the month in which the foreign national receives the loan.

O.C. 466-91, s. 4.

5. Any late payment shall bear interest from the date on which it is payable, at the rate in effect pursuant to section 28 of the Tax Administration Act (chapter A-6.002).

O.C. 466-91, s. 5.

6. (Omitted).

O.C. 466-91, s. 6.

7. (Omitted).

O.C. 466-91, s. 7.

SCHEDULE I

(s. 1)

LOAN APPLICATION FORM

File No.:

(1) I, ____________________________________________________________________________ undersigned, residing in ______________________________ Québec, hereby apply to the Minister of Immigration and Cultural Communities for a loan.

(2) I hold selection certificate No. ________________________________________, issued under section 27 of the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4).

(3) I was admitted to Canada on ______________________________ as evidenced in the following document: ______________________________, produced in support of my application.

(4) I have the following sums available: ______________________________ as evidenced by the following documents: ______________________________ produced in support of my application.

(5) I apply for this loan:

□ to purchase movable property relating to the holding of employment in Québec (employment ______________________________ place of employment ______________________________);

□ to purchase movable property for my establishment in Québec;

□ to meet basic needs (food, clothing, domestic and personal needs, dwelling-related expenses);

□ to pay the cost, in full or in part, of transportation from my point of arrival in Québec to my place of settlement in Québec.

(6) I am settling in Québec with:

□ my spouse, who has the following sums available ______________________________________, as evidenced by the following document(s): ______________________________________________;

□ the following dependants:

Name Date of birth Relationship

---

---

---

---

---

(7) In the event that this application is accepted, I hereby agree:

(1) to furnish to the Minister all vouchers justifying the use made of the sum loaned;

(2) to reimburse the loan in ______________________________ equal and consecutive monthly instalments beginning on the first day of the month following the month in which I receive the loan.

(8) I understand that any late payment will bear interest from the date on which it is payable, at the rate determined under section 28 of the Tax Administration Act (chapter A-6.002).

(9) This application constitutes an acknowledgment of debt for the amount loaned to me.

(10) In witness whereof, I have signed at ______________________________________________ this ______________________________ day of ______________________________ 20__________.

________________________________________________

Signature of applicant

Signed before me at ______________________________ this _________________________________ day of _________________________________________________________________ 20__________.

________________________________________________

For the Minister of Immigration and Cultural Communities

Loan

□ Granted Sum loaned $_____________________________________

Cheque No. ______________________________

□ Refused

________________________________________________ _________________________________

For the Minister of Immigration and Cultural Communities Date

O.C. 466-91, Sch. I.

REFERENCES

O.C. 466-91, 1991 G.O. 2, 1451

O.C. 639-92, 1992 G.O. 2, 2555

S.Q. 2010, c. 31, s. 91