I-0.2.1, r. 3 - Québec Immigration Regulation

À jour au 1^er janvier 2024

Ce document a valeur officielle.

chapter I-0.2.1, r. 3

Québec Immigration Regulation

Québec Immigration Act

(chapter I-0.2.1, ss. 8 to 10, 12, 14, 15, 17, 18, 21 to 24, 26, 29, 30, 34, 35, 37, 38, 40, 42, 43, 48, 58, 59, 81, 82, 94, 101, 103, 105, 106 and 126).

The scales prescribed in the Regulation have been indexed as of 1 January 2024 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 December 2023, page 899. (Sch. B, C and D)

CHAPTER I DEFINITIONS

O.C. 963-2018, c. I.

1. In this Regulation,

“accompanying family member” means, with respect to a foreign national, a family member who is selected by the Minister to accompany the foreign national to Québec where the foreign national is selected; (membre de la famille qui l’accompagne)

“Act” means the Québec Immigration Act (chapter I-0.2.1); (Loi)

“basic needs” means food, clothing, personal necessities and any other expenses pertaining to living in a house or a dwelling. Such needs also include any special benefits awarded by the Gouvernement du Québec under the Individual and Family Assistance Act (chapter A-13.1.1) and referred to in section 83 and Schedules I to III to the Individual and Family Assistance Regulation (chapter A-13.1.1, r. 1); (besoins essentiels)

“child” means, with respect to any person, the child of whom that person is the biological father or mother and was not adopted by a person other than the spouse or de facto spouse of one of the parents, or the adopted child of whom that person is either of the adoptive parents; (enfant)

“conjugal partner” means, with respect to a person, a person at least 16 years of age residing outside Canada who has been in a conjugal relationship with the person for at least 1 year; (partenaire conjugal)

“contributed capital” has the meaning assigned to it by section 19 of the Insurers Act (chapter A-32.1); (capital d’apport)

“control” means legal or de facto control, exercised directly or indirectly, in any manner whatsoever; (contrôle)

“de facto spouse” means a person at least 16 years of age who is in one of the following situations:

(1)  the person has been living for at least 1 year with a person of the opposite sex or the same sex who is at least 16 years of age; or

(2)  the person has had a conjugal relationship for at least 1 year with such a person but, since the person is being persecuted or the subject of any form of penal control, cannot live with that person; (conjoint de fait)

“dependent child” means a child who

(1)  is less than 22 years of age and is not a spouse or de facto spouse; or

(2)  is 22 years of age or older and has depended substantially on the financial support of one of the parents since before the age of 22 and is unable to be financially self-supporting due to a physical or mental condition; (enfant à charge)

“employer” means a person, enterprise or organization established in Québec and that exercises daily control on work carried out by an employee and that is responsible for hiring, firing, disciplining, training, assessing work, affecting positions, remuneration and integration of the employee in the enterprise or organization; (employeur)

“employment” or “work” means any activity for which a person receives valuable consideration; (emploi ou travail)

“family member” means, with respect to a person, a person who is

(1)  the spouse or de facto spouse; and

(2)  the dependent child of that person or of the spouse or de facto spouse and, where applicable, the dependent child of that child; (membre de la famille)

“financial institution” means a bank having an establishment in Québec and that is a member of the Canada Deposit Insurance Corporation and that is governed by the Bank Act (S.C. 1991, c. 46) or a deposit institution authorized under the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2); (institution financière)

“management experience” means the assuming of duties related to the planning, management and control of financial resources and of human or material resources under the person’s authority; the experience does not include the experience acquired in the context of an apprenticeship, training or specialization process attested to by a diploma; (expérience en gestion)

“National Occupational Classification” means the document by that name published by the Government of Canada; (Classification nationale des professions)

“nephew” or “niece” means, with respect to a person, the child of the sister or brother of that person; (neveu ou nièce)

“organization specialized in entrepreneurial acquisition” means an organization having an establishment in Québec and whose principal activity consists in providing support services – in particular training and mentoring – and brokerage for the transfer of enterprises; (organisme spécialisé en repreneuriat);

“organization specialized in innovation” means an organization having an establishment in Québec and whose principal activity consists in providing support services – in particular training, mentoring or seeking funding – to persons whose business project covers the start-up or growth of an innovative enterprise; (organisme spécialisé en innovation);

“parent” means, with respect to a person, ascendant in the first degree; (parent)

“profession” means an occupation corresponding to a unit group within the meaning of the National Occupational Classification, unless the context indicates otherwise;

“Québec diploma” means one of the following diplomas, attesting to at least 1 year of full-time studies:

(1)  a diploma issued by the Minister of Education, Recreation and Sports or the Minister responsible for Higher Education or by a Québec university;

(2)  a diploma issued by a college-level educational institution for training acquired in Québec.

The following is deemed to be a Québec diploma:

(1)  a diploma issued by the minister responsible for education of a Canadian province or territory or by a university therein;

(2)  a diploma or training acquired outside Québec and recognized as equivalent by a Québec professional or trade regulatory body, except a diploma leading to the practice of the profession of physician according to code 3111 or 3112 of the National Occupational Classification;

(3)  a diploma or training acquired outside Québec and related to a profession or trade regulated in Québec, where the holder holds an authorization to practise the profession or trade issued by a Québec regulatory body;

(4)  evidence certifying successful completion of formal training acquired outside Québec, related to a profession governed by a professional order in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the holder has the legal authorization to practise required by that arrangement;

(5)  evidence certifying successful completion of formal training acquired outside Québec, related to a trade regulated in Québec and referred to in an arrangement for mutual recognition applicable under an agreement on mutual recognition of professional qualifications entered into with another government, where the Québec regulatory body certifies that the holder meets the conditions regarding training and, where applicable, professional experience required by that arrangement; (diplôme du Québec)

“Québec educational institution” means

(1)  an educational institution within the meaning of section 36 of the Education Act (chapter I-13.3);

(2)  a college established in accordance with section 2 of the General and Vocational Colleges Act (chapter C-29);

(3)  a private educational institution for which a permit has been issued under section 10 of the Act respecting private education (chapter E-9.1);

(4)  an educational institution operated under an Act of Québec by a government department or a body that is a mandatary of the State or an arts training institution recognized by the Ministère de la Culture et des Communications;

(5)  the Conservatoire de musique et d’art dramatique du Québec established pursuant to the Act respecting the Conservatoire de musique et d’art dramatique du Québec (chapter C-62.1);

(6)  an institution, a legal person or a body referred to in section 2 of the Act respecting educational institutions at the university level (chapter E-14.1); (établissement d’enseignement)

“Québec resident” means any Canadian citizen or permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) who is domiciled in Québec; (résidant du Québec)

“relative” means, with respect to a person, the person who is connected to the other by blood relationship or by adoption; (membre de la parenté)

“sponsor” means a person who gives an undertaking on behalf of a foreign national; (garant)

“spouse” means a married person who is at least 16 years of age

(1)  who was not, at the time of the marriage, another person’s spouse; and

(2)  who is not the de facto spouse of another person while living separately from the spouse for at least 1 year; (époux)

“TEER category” means the “training, education, experience and responsibilities” category within the meaning of the National Occupational Classification; (catégorie FEER)

O.C. 963-2018, s. 1; O.C. 1570-2023, s. 1.

CHAPTER II TEMPORARY IMMIGRATION

O.C. 963-2018, c. II.

DIVISION I GENERAL

O.C. 963-2018, Div. I.

2. A foreign national who wishes to stay temporarily in Québec to work, study or obtain medical treatment must, in accordance with section 12 of the Act, unless the foreign national is a person referred to in section 20 of this Regulation, be selected by the Minister by obtaining the Minister’s consent under

(1)  the temporary foreign worker program;

(2)  the international student program;

(3)  the program for temporary stay for medical treatment; or

(4)  the temporary immigration pilot program referred to in section 16 of the Act.

O.C. 963-2018, s. 2.

3. The Minister’s consent to a foreign national’s stay is certified by the issue of a Québec certificate of acceptance.

O.C. 963-2018, s. 3.

DIVISION II TEMPORARY FOREIGN WORKER PROGRAM

O.C. 963-2018, Div. II.

4. A foreign national belongs to the temporary foreign worker class if the foreign national comes to Québec to hold temporary employment that is not with an enterprise on which the foreign national exercises control or in an inadmissible sector referred to in section 1 or 2 of Schedule E.

O.C. 963-2018, s. 4; O.C. 1570-2023, s. 2.

5. The Minister consents to a foreign national’s stay under the temporary foreign worker program if

(1)  a written employment contract has been signed with an employer whose employment offer has been the subject of a positive assessment as to its impact on Québec’s labour market; and

(2)  the conditions for access to the profession listed in the National Occupational Classification to hold the employment and, where applicable, the special conditions specified in the employment offer, are met.

A foreign national who stays in Québec to offer home care must, in addition to the conditions provided for in the first paragraph, meet the following conditions:

(1)  have a secondary school diploma attesting to at least 11 years of full-time elementary and secondary school studies;

(2)  understand and speak French or English.

O.C. 963-2018, s. 5.

6. The written employment contract must contain

(1)  the duration of the contract, the place where the foreign national will be employed, a description of the duties, hourly wage, work schedule, vacation and holidays;

(2)  where applicable, the deadlines to be met with respect to a notice of termination or resignation, the social benefits offered, such as a health and hospital insurance plan or a retirement savings plan, the conditions relating to lodging offered by the employer and the terms of payment, by the employer, of round-trip transportation expenses between the country of origin and the work place of the foreign national;

(3)  a provision under which the standards established in the Act respecting labour standards (chapter N-1.1) relating to the terms of payment of the wage, the computing of overtime, meal periods, statutory general holidays, absences and leave for family or parental matters, absences owing to sickness, an accident or a criminal offence, indemnities and recourses under that Act apply to the foreign national to the extent provided for in that Act;

(4)  an undertaking on the part of the employer to pay the contributions necessary for the employee to benefit from the protection under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) to the extent provided by that Act.

O.C. 963-2018, s. 6.

7. Consent for the foreign national’s stay is given for the employment and the employer indicated in the application.

O.C. 963-2018, s. 7.

8. A temporary foreign worker must hold the employment for the employer or, if the foreign national comes to work in the agriculture sector, employments for employers, for which the Minister’s consent has been given.

O.C. 963-2018, s. 8.

9. The Minister consents to the stay of a temporary foreign worker who wishes to extend the stay if the conditions provided for in sections 5 and 6 are met and the worker complies with the requirement provided for in section 8.

O.C. 963-2018, s. 9.

DIVISION III INTERNATIONAL STUDENT PROGRAM

O.C. 963-2018, Div. III.

10. A foreign national belongs to the international student class if the foreign national comes to Québec to study in a Québec educational institution.

O.C. 963-2018, s. 10; O.C. 1570-2023, s. 3.

11. The Minister consents to a foreign national’s stay under the international student program where the foreign national

(1)  has been admitted to a Québec educational institution;

(2)  has and will continue to have, for the foreign national and the family members accompanying the foreign national and for the duration of the stay in Québec, sufficient financial resources to

(a)  pay round-trip transportation expenses between the place of residence abroad and the destination in Québec, tuition and other study-related fees;

(b)  pay the amount for a health and hospital insurance for the duration of the stay to study or for purchasing such insurance on the foreign national’s arrival in Québec, except if the foreign national is covered by the Québec Health Insurance Plan or a reciprocal social security agreement including a health component; and

(c)  provide for basic needs without having to hold employment in Québec; and

(3)  where the foreign national is under 17 years of age and the holder of parental authority is not in Québec, the holder has delegated to a Québec resident of full age rights and powers of custody, supervision and education in the interest of the child and respect the child’s rights.

The Minister also consents to the stay of the foreign national under the program where the foreign national is a minor child who

(1)  is required to attend elementary or secondary school and who is accompanying the holder of parental authority staying in Québec as a temporary foreign worker, international student or to receive medical treatment;

(2)  is the responsibility of a director of youth protection designated under the Youth Protection Act (chapter P-34.1) or a local community service centre established under the Act respecting health services and social services (chapter S-4.2).

O.C. 963-2018, s. 11; O.C. 1570-2023, s. 4.

12. The foreign national’s financial resources to provide for basic needs must be at least equal to the scale provided for in Schedule C. To calculate basic needs for the first year, the amount must be increased by $500 to cover settling-in-expenses. In the case of a foreign national who is 17 years of age and whose holder of parental authority is not in Québec, the basic needs are calculated as if the foreign national were 18 years of age.

Where a Québec resident wishes to provide for the foreign national’s basic needs and, where applicable, those of the accompanying family members, the resident’s financial resources must be at least equal to the scales provided for in Schedules B and D. In addition, an undertaking previously entered into by the resident must be taken into account in calculating the resident’s financial capacity to provide for the foreign national’s basic needs.

O.C. 963-2018, s. 12; O.C. 1231-2022, s. 1.

13. An international student must receive the education for the level of studies for which the Minister’s consent was given.

The term “level of studies” means elementary and secondary school instructional services or educational services in vocational training within the meaning of the Education Act (chapter I-13.3), general and vocational instruction at the college level within the meaning of the General and Vocational Colleges Act (chapter C-29) or education at the university level within the meaning of the Act respecting educational institutions at the university level (chapter E-14.1) and, in the latter case, the cycle of studies.

O.C. 963-2018, s. 13.

14. The international student must make studies the student’s principal activity unless

(1)  the principal purpose of the stay is work;

(2)  the student is accompanying the holder of parental authority staying in Québec as a temporary foreign worker, international student or to receive a medical treatment; or

(3)  the student has filed an application to obtain protection under paragraph b or c of subdivision 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

O.C. 963-2018, s. 14.

15. An international student who is not covered by the Québec Health Insurance Plan must hold, for the duration of the stay in Québec, a health and hospital insurance for the student and for accompanying family members.

O.C. 963-2018, s. 15.

16. The Minister consents to the stay of a temporary international student who wishes to extend the stay if the conditions provided for in sections 11 and 12 are met and the student complies with the obligations provided for in sections 13 to 15.

O.C. 963-2018, s. 16.

DIVISION IV PROGRAM FOR TEMPORARY STAY FOR MEDICAL TREATMENT

O.C. 963-2018, Div. IV.

17. A foreign national belongs to the temporary stay for medical treatment class if the foreign national comes to Québec to receive medical treatment in a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2).

O.C. 963-2018, s. 17.

18. The Minister consents to a foreign national’s stay under the program for temporary stay for medical treatment if

(1)  the Minister of Health and Social Services certifies that the medical treatment required may be given; and

(2)  the foreign national has sufficient financial resources to pay the expenses related to the medical treatment and basic needs and, where applicable, those of accompanying family members.

O.C. 963-2018, s. 18.

19. The Minister consents to the person’s temporary stay for medical treatment who wishes to extend the stay if the conditions provided for in section 18 are met.

O.C. 963-2018, s. 19.

DIVISION V EXEMPTIONS

O.C. 963-2018, Div. V.

20. The following persons are exempted from the requirement to obtain the Minister’s consent to stay in Québec:

(1)  a foreign national who comes to hold employment for a continuous period of not more than 30 days;

(2)  a foreign national who comes to hold employment that does not require an assessment of an employment offer’s impact on Québec’s labour market;

(3)  a foreign national who comes to study under a federal assistance program for developing countries;

(4)  a foreign national who comes to study and is authorized to do so without a study permit;

(5)  for a period of not more than 6 weeks as of his or her arrival in Canada, the foreign national referred to in section 214 of the Immigration and Refugee Protection Regulations (SOR/2002-227) who stays in Québec to study;

(6)  a minor child who has filed an application to obtain protection under paragraph b or c of subdivision 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or the minor child of a foreign national in Québec who has filed such an application;

(7)  a minor child already in Québec who is required to attend elementary or secondary school and who accompanies the holder of parental authority staying in Québec as temporary foreign worker, international student or to receive medical treatment;

(8)  a preschool child;

(9)  (paragraph revoked);

(10)  a person protected in Canada within the meaning of section 95 of the Immigration and Refugee Protection Act;

(11)  a foreign national who stays in Québec and whose spouse or de facto spouse is a Canadian citizen or permanent resident who has filed an undertaking on behalf of the foreign national;

(12)  a foreign national who holds a temporary resident permit referred to in section 24 of the Immigration and Refugee Protection Act issued with a view to the granting of permanent residence;

(13)  (paragraph revoked).

O.C. 963-2018, s. 20; O.C. 1570-2023, s. 5.

CHAPTER III PERMANENT IMMIGRATION

O.C. 963-2018, c. III.

DIVISION I GENERAL

O.C. 963-2018, Div. I.

21. A foreign national who wishes to settle permanently in Québec must be selected by the Minister in accordance with section 18 of the Act.

The Minister selects as permanent resident a foreign national who, as the case may be,

(1)  belongs to the family class and is covered by an undertaking entered into by a sponsor in accordance with Division V of Chapter III of this Regulation; and

(2)  is recognized as a refugee when the foreign national is already in the territory of Québec.

O.C. 963-2018, s. 21; O.C. 1030-2019, s. 1; O.C. 1231-2022, s. 2.

22. The Minister’s selection decision for permanent immigration is certified by the issue of a Québec certificate of selection.

O.C. 963-2018, s. 22.

DIVISION II ECONOMIC CLASS

O.C. 963-2018, Div. II.

23. A foreign national belongs to the economic class if the foreign national is

(1)  a skilled worker;

(2)  an investor;

(3)  an entrepreneur; or

(4)  a self-employed worker.

O.C. 963-2018, s. 23.

24. A foreign national who belongs to the economic class must, to settle in Québec, be selected by the Minister under

(1)  the regular skilled worker program;

(2)  the Québec experience program;

(3)  the investor program;

(4)  the entrepreneur program;

(5)  the self-employed worker program; or

(6)  the permanent immigration pilot program referred to in section 32 of the Act.

O.C. 963-2018, s. 24.

24.0.1. Where a foreign national belonging to the economic class files an application for selection for permanent immigration to add or remove a family member, the Minister examines the application based on the selection conditions in force and the facts at the time of the decision rendered after the first application, as regards the foreign national and family members already selected under that first application.

In the case of the addition or removal of a spouse or de facto spouse, the Minister examines the application based on the facts at the time of the examination as regards any condition related to net assets.

O.C. 1570-2023, s. 7.

§ 0.1 . — Learning about democratic values and the Québec values

O.C. 1030-2019, s. 2.

24.1. A foreign national and family members accompanying the foreign national must obtain an attestation of learning about democratic values and the Québec values expressed by the Charter of human rights and freedoms (chapter C-12) so that the foreign national may be selected by the Minister under one of the programs listed in section 24.

The first paragraph does not apply to a dependent child under 18 years of age or to a foreign national with a medical condition preventing the foreign national from obtaining the attestation provided for in that paragraph.

O.C. 1030-2019, s. 2.

24.2. An attestation of learning about democratic values and the Québec values expressed by the Charter of human rights and freedoms (chapter C-12) is issued to a foreign national and the family members referred to in section 24.1 who, on the conditions set out in section 24.4,

(1)  pass the Minister’s assessment on those values; or

(2)  participate, in Québec, to the entire course prescribed by the Minister pertaining in particular on those values.

O.C. 1030-2019, s. 2.

24.3. A foreign national and the family members referred to in section 24.1 pass the assessment referred to in the first paragraph of section 24.2 if they adequately answer to a minimum of 75% of the assessment questions.

In case of failure, it is possible to again take the assessment, on the conditions set out in section 24.4 and in compliance with the time period provided for in the first paragraph of section 24.5. Despite the foregoing, 2 weeks must elapse before a person referred to in the first paragraph may again take the assessment.

O.C. 1030-2019, s. 2.

24.4. A foreign national and the family members referred to in section 24.1 may take the assessment provided for in paragraph 1 of section 24.2 as of the filing of the application for selection for permanent immigration. In case of failure, they may again take the assessment once. After 2 failures, they may choose to participate in the course provided for in paragraph 2 of section 24.2 or again take the assessment a third time but, in that case, they renounce to obtain the learning attestation by participating in the course as part of the application of selection.

Despite the first paragraph,

(1)  a foreign national who stays in Québec while holding a study or work permit issued under the Immigration and Refugee Protection Regulations (SOR/2002-227) may

(a)  participate in a course referred to in paragraph 2 of section 24.2 and obtain the learning attestation before filing the application for selection for permanent immigration; or

(b)  take the assessment provided for paragraph 1 of section 24.2 as of the filing of the application for selection for permanent immigration. In case of failure, the foreign national may again take the assessment and participate in the course or, after failure of the repeating of the assessment, participate in the course and obtain the learning attestation; and

(2)  a family member who is not referred to in paragraph 1 and who is included in the application for selection for permanent immigration filed by the foreign national referred to in that paragraph may

(a)  participate in the course referred to in paragraph 2 of section 24.2 and obtain the learning attestation after the filing of the application for selection for permanent immigration; or

(b)  take the assessment provided for in paragraph 1 of section 24.2 as of the filing of the application for selection for permanent immigration. In case of failure, the family member may again take the assessment once. The family member may refuse to again take the assessment and participate in the course or, after failure of the repeating of the assessment, participate in the course and obtain the learning attestation.

O.C. 1030-2019, s. 2.

24.5. The attestation provided for in section 24.1 must be received by the Minister not later than 60 days following the date of the Minister’s request, made under section 55 of the Act, respecting the documents and information to be provided for the examination of an application for selection for permanent immigration.

The attestation must have been obtained within the 2 years preceding the examination of the application for selection for permanent immigration.

O.C. 1030-2019, s. 2.

§ 1 . — Expression of interest

O.C. 963-2018, Sd. 1.

25. A foreign national of the economic class must, to file an application for selection under the regular skilled worker program, have filed with the Minister an expression of interest to settle in Québec and have been invited by the Minister to file the application.

The first paragraph does not apply to a foreign national who has already been selected as permanent resident by the Minister under the regular skilled worker program and who files an application to add or remove a family member.

O.C. 963-2018, s. 25; O.C. 1030-2019, s. 3.

26. The Minister invites a foreign national who has filed an expression of interest to file an application for selection, without the invitation criteria being applied, where the foreign national is staying in Québec as a diplomat, consular officer, representative or official, duly accredited, of a foreign country or of the United Nations or any of its agencies or of any intergovernmental organization of which Québec or Canada is a member and who carries out official duties in Québec, or is a member of the staff of any such diplomat, consular officer, representative or official.

O.C. 963-2018, s. 26.

27. An expression of interest is valid for a period of 12 months as of the date of its filing by the Minister in the expressions-of-interest bank.

O.C. 963-2018, s. 27.

28. The expression of interest of a foreign national who files an application for selection after having been invited by the Minister, and those of the foreign national’s spouse and dependent child of full age included in the application become invalid.

O.C. 963-2018, s. 28.

29. The expression of interest of a foreign national who fails to file an application for selection, not later than 60 days after having been invited by the Minister, becomes invalid.

However, if a foreign national does not wish to file an application for selection despite the Minister’s invitation, he or she must notify the Minister within 60 days of the invitation. The expression of interest then remains in the expressions-of-interest bank for its remaining period of validity.

O.C. 963-2018, s. 29; O.C. 576-2019, s. 1.

30. The Minister withdraws from the bank the expression of interest that is invalid.

O.C. 963-2018, s. 30.

§ 2 . — Skilled workers

O.C. 963-2018, Sd. 2.

§§ I.  — General

O.C. 963-2018, Sd. I.

31. A skilled worker is a foreign national at least 18 years of age who settles in Québec to hold employment that

(1)  is not on behalf of an enterprise on which the foreign national exercises control;

(2)  is not in an inadmissible sector referred to in section 1 or 2 of Schedule E; and

(3)  the foreign national is likely able to hold.

O.C. 963-2018, s. 31; O.C. 1570-2023, s. 9.

§§ II.  — Regular skilled worker program

O.C. 963-2018, Sd. II.

32. The Minister selects, under the regular skilled worker program, a foreign national where the foreign national obtains the number of points required as the cutoff score, where applicable, and as the passing score provided for in the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4) in the awarding of the points in respect of the factors and criteria provided for in the Selection grid for the economic class in Schedule A.

O.C. 963-2018, s. 32.

32.1. Where a foreign national who has already been selected as permanent resident under the regular skilled worker program files with the Minister an application to add or remove a family member, the Minister applies, for the purposes of the examination of the application, the Selection grid for the economic class in Schedule A, including the list to which it refers, and the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4), applied by the Minister to render a decision as part of the first application for selection.

In addition, as regards a foreign national already selected and, where applicable, family members accompanying the foreign national as part of the first application for selection, the Minister examines the new application based on the facts and circumstances that prevailed for those persons at the time the Minister rendered the decision as part of the first application for selection.

O.C. 1030-2019, s. 4.

§§ III.  — Québec experience program

O.C. 963-2018, Sd. III.

§§§ I.  — General

O.C. 1570-2023, s. 12.

33. The Minister selects a foreign national under the Québec experience program if the foreign national meets the general selection conditions of the program and those of either of its components:

(1)  Québec graduate;

(2)  Temporary foreign worker.

O.C. 963-2018, s. 33; O.C. 1030-2019, s. 5; O.C. 1138-2019, s. 1; O.C. 772-2020, s. 1; O.C. 1570-2023, s. 12.

33.1. The general selection conditions of the program are the following:

(1)  have an oral knowledge of French at level 7 or above according to the Échelle québécoise des niveaux de compétence en français;

(2)  if a spouse or de facto spouse is included in the application, he or she has an oral knowledge of French at level 4 or above according to the Échelle québécoise des niveaux de compétence en français;

(3)  undertake, for 3 months from the date the foreign national obtains the status of permanent resident, to provide for his or her basic needs, those of accompanying family members and those of his or her dependent children who are Canadian citizens, and to have for that purpose financial resources at least equal to the amount required according to the scale in Schedule C.

O.C. 1570-2023, s. 12.

§§§ II.  — Québec graduate component

O.C. 1570-2023, s. 12.

34. The selection conditions of the Québec graduate component are the following:

(1)  stay in Québec;

(2)  in the 3 years preceding the filing of the application, have obtained from a Québec educational institution a university diploma attesting to a bachelor’s degree, a master’s degree or a doctorate, a diploma of college studies in a technical program, a vocational diploma attesting to at least 1,800 hours or a vocational diploma followed by an attestation of vocational specialization cumulatively attesting to at least 1,800 hours and leading to a specific trade;

(3)  have stayed in Québec for the main purpose of studying and for at least half the duration of his or her program or programs attested to by the diploma and, where applicable, by the attestation referred to in paragraph 2;

In force: 2024-11-23

(4)  comply with one of the following conditions:

(a)  have completed the program or programs in French;

(b)  have successfully completed at least 3 years of full-time studies in French at the secondary or post-secondary level;

(5)  if applicable, have complied with any condition for the return to the country imposed by a bursary for studying in Québec;

(6)  have a written knowledge of French at level 5 or above according to the Échelle québécoise des niveaux de compétence en français.

O.C. 963-2018, s. 34; O.C. 1030-2019, s. 6; O.C. 1138-2019, s. 1; O.C. 772-2020, s. 2; O.C. 1570-2023, s. 12.

§§§ III.  — Temporary foreign worker component

O.C. 1570-2023, s. 12.

35. The selection conditions of the temporary foreign worker component are the following:

(1)  stay in Québec with the main purpose of working or taking part in a youth exchange program under an international agreement entered into by Québec or Canada, or while holding a work permit issued under section 205 of the Immigration and Refugee Protection Regulations (SOR/2002-227) as accompanying spouse;

(2)  actually hold full-time employment in Québec in a TEER category 0, 1, 2 or 3 profession that is not in an inadmissible sector referred to in section 1 or 2 of Schedule E or with an enterprise on which the foreign national exercises control;

(3)  have held employment complying with the requirements of paragraph 2 during a period of at least 2 years in the 3 years preceding the date of filing of the application.

O.C. 963-2018, s. 35; I.N. 2019-11-01; O.C. 1138-2019, s. 2; O.C. 772-2020, s. 3; O.C. 1570-2023, s. 12.

§ 3 . — Investor program

O.C. 963-2018, Sd. 3.

36. An investor is a foreign national at least 18 years of age who settles in Québec to invest in Québec.

O.C. 963-2018, s. 36.

37. The Minister selects a foreign national under the investor program if the foreign national

(1)  has management experience for a period of at least 2 years, acquired elsewhere than in an inadmissible sector referred to in section 1 or 2 of Schedule E, in the 5 years preceding the date of filing of the application;

(2)  has, with his or her spouse or de facto spouse, if included in the application, net assets whose lawful origin must be demonstrated and at least $2,000,000, which amount excludes donations received in the 6 months preceding the date of filing of the application;

(3)  holds a diploma obtained before the date of filing of the application and corresponding minimally, in Québec, to a secondary school diploma;

(4)  has an oral knowledge of French at level 7 or above according to the Échelle québécoise des niveaux de compétence en français;

(5)  not later than 120 days after the date of the Minister’s request for that purpose, makes a 5-year term investment of $1,000,000 with IQ Immigrants Investisseurs Inc. and a financial contribution of $200,000 to IQ Immigrants Investisseurs Inc., through a participating financial intermediary and in accordance with an investment agreement entered into with the intermediary;

(6)  has been issued a work permit under paragraph c of section 204 of the Immigration and Refugee Protection Regulations (SOR/2002-227) after the date of the Minister’s notice of intent to render a selection decision;

(7)  in the 2 years following the date of issue of the work permit, has stayed in Québec for a period of at least 6 months and the foreign national or his or her spouse or de facto spouse included in the application has stayed in Québec for another period of at least 6 months.

O.C. 963-2018, s. 37; O.C. 1570-2023, s. 13.

38. To be a participant, a financial intermediary must be a party to a participation agreement entered into with the Minister and IQ Immigrants Investisseurs Inc.

O.C. 963-2018, s. 38; O.C. 1030-2019, s. 7; O.C. 1570-2023, s. 14.

39. The Minister enters into the participation agreement where the financial intermediary meets the following conditions:

(1)  it is a trust company authorized under the Trust Companies and Savings Companies Act (chapter S-29.02) or registered as an investment dealer in accordance with the law;

(2)  its authorization to carry on trust company activities has been issued or, as the case may be, its registration as an investment dealer has been made at least 3 years before and is not suspended or attached with a condition or a restriction incompatible with its participation;

(3)  it has had its head office and its executive office in Québec, including the upper management and the administration responsible for the monitoring of the annual plans and operating budgets, for at least 3 years.

O.C. 963-2018, s. 39; O.C. 1570-2023, s. 14.

40. (Revoked).

O.C. 963-2018, s. 40; O.C. 1570-2023, s. 15.

41. The investment agreement must provide for

(1)  the establishment of the identity of the foreign national by the foreign national’s name, sex, date of birth, domicile address, citizenship, personal telephone number, email address, the type of document proving the foreign national’s identity, the number of that document and the place of issue;

(2)  the requirement that the foreign national notify in writing the financial intermediary of any change in the information provided for in subparagraph 1 within 30 days following the change; and

(3)  the undertaking of the financial intermediary to open a separate client account in the name of the foreign national not later than 110 days following the date of the Minister’s request referred to in paragraph 5 of section 37.

O.C. 963-2018, s. 41; O.C. 1570-2023, s. 16.

42. (Revoked).

O.C. 963-2018, s. 42; O.C. 1570-2023, s. 17.

43. The term of the investment is 5 years as of the date on which the amount is invested with IQ Immigrants Investisseurs Inc. The date must be subsequent to the date of the Minister’s request referred to in paragraph 5 of section 37.

O.C. 963-2018, s. 43; O.C. 1570-2023, s. 18.

44. The investment is irrevocable before the end of its term and the financial contribution is non-refundable unless their reimbursement is justified by any of the following situations:

(1)  the foreign national has filed his or her work permit application in the 6 months following the date of issue of the Minister’s notice of intent to render a selection decision and the application has been denied;

(2)  the selection decision concerning the foreign national is cancelled before the foreign national obtains the status of permanent resident;

(3)  the foreign national’s application for permanent residence is denied;

(4)  the foreign national dies before obtaining the status of permanent resident.

O.C. 963-2018, s. 44; O.C. 1030-2019, s. 8; O.C. 1570-2023, s. 19.

44.1. The Minister agrees to the reimbursement of the investment before the end of its term and of the financial contribution at the request of the interested person and, in the case of the foreign national, provided that the foreign national renounces expressly to contest the decision of cancellation or refusal justifying the reimbursement or, where applicable, the decision confirming the cancellation or refusal.

The request and, where applicable, the renunciation must be sent by the financial intermediary.

O.C. 1570-2023, s. 20.

45. IQ Immigrants Investisseurs Inc. must reimburse the amount of the investment within 30 days following the date of expiry of the investment or of the agreement by the Minister to the reimbursement; in the latter case, the financial contribution must also be reimbursed within that prescribed time.

IQ Immigrants Investisseurs Inc. sends to the Minister a written attestation of the reimbursement within 30 days following the reimbursement.

O.C. 963-2018, s. 45; O.C. 1570-2023, s. 21.

46. As of the date of filing of the application for selection, the foreign national may not change financial intermediary unless the change is justified by a reason such as the status, bankruptcy or cessation of activities of the financial intermediary, or the purchase or merger of the financial intermediary’s enterprise.

O.C. 963-2018, s. 46.

§ 4 . — Self-employed worker program

O.C. 963-2018, Sd. 4.

47. A self-employed worker is a foreign national at least 18 years of age who settles in Québec to practise a profession, alone or with others, with or without paid help provided the worker

(1)  is free to choose the means of work performance;

(2)  organizes the work;

(3)  provides the required tools and equipment;

(4)  carries out most of the specialized duties; and

(5)  collects the profits and supports the loss risks resulting from the work;

(6)  does not practise the profession in an inadmissible sector referred to in Schedule E.

O.C. 963-2018, s. 47; O.C. 1570-2023, s. 22.

48. The Minister selects a foreign national under the self-employed worker program if the foreign national

(1)  has work experience in his or her profession for a period of at least 2 years, acquired on the foreign national’s behalf elsewhere than in an inadmissible sector referred to in Schedule E, in the 5 years preceding the date of filing of the application;

(2)  if the profession is in the list of regulated professions drawn up by the Minister, meet one of the following conditions:

(a)  be authorized to practise the profession in Québec;

(b)  have training or a diploma that is partially or fully recognized by the regulatory body of that profession in Québec, dated not more than 5 years on the date of filing of the application;

(3)  has, with his or her spouse or de facto spouse, if included in the application, net assets whose lawful origin must be demonstrated and at least $100,000, which amount excludes donations received in the 6 months preceding the date of filing of the application;

(4)  holds a diploma obtained before the date of filing of the application and corresponding minimally, in Québec, to a secondary school diploma;

(5)  has an oral knowledge of French at level 7 or above according to the Échelle québécoise des niveaux de compétence en français;

(6)  deposits with a financial institution for start-up a minimum amount of $50,000 where the territory in which the foreign national intends to practise the profession is situated within the territory of the Communauté métropolitaine de Montréal or $25,000 where the territory is situated outside that territory; and

(7)  undertakes, for 3 months from the date the foreign national obtains the status of permanent resident, to provide for his or her basic needs, those of accompanying family members and those of his or her dependent children who are Canadian citizens, and to have for that purpose financial resources at least equal to the amount required according to the scale in Schedule C.

The condition provided for in paragraph 2 does not apply where practising the profession in Québec does not require an authorization or the foreign national intends to practise it in Québec in a context in which such an authorization is not required.

O.C. 963-2018, s. 48; O.C. 1570-2023, s. 23.

§ 5 . — Entrepreneur program

O.C. 963-2018, Sd. 5.

§§ I.  — General

O.C. 963-2018, Sd. I; O.C. 1570-2023, s. 24.

49. An entrepreneur is a foreign national at least 18 years of age who settles in Québec to operate an enterprise that is not included in an inadmissible sector referred to in Schedule E, and to wield a significant portion of the power to manage its business, as part of any of the following business projects:

(1)  Innovative enterprise;

(2)  Enterprise start-up;

(3)  Entrepreneurial acquisition.

O.C. 963-2018, s. 49; O.C. 1570-2023, s. 24.

49.1. The Minister selects, under the entrepreneur program, a foreign national who meets the general selection conditions of the program and those of any of the profiles of any of the business projects.

O.C. 1570-2023, s. 24.

49.2. The general selection conditions of the program are the following:

(1)  hold a diploma obtained before the date of filing of the application and corresponding minimally, in Québec, to a secondary school diploma;

(2)  have an oral knowledge of French at level 7 or above according to the Échelle québécoise des niveaux de compétence en français;

(3)  undertake, for 3 months from the date the foreign national obtains the status of permanent resident, to provide for his or her basic needs, those of accompanying family members and those of his or her dependent children who are Canadian citizens, and to have for that purpose financial resources at least equal to the amount required according to the scale in Schedule C.

O.C. 1570-2023, s. 24.

§§ II.  — Component 1: Innovative enterprise

O.C. 963-2018, Sd. II; O.C. 1570-2023, s. 25.

50. The Innovative enterprise business project consists of the 2 following profiles:

(1)  Start up of an innovative enterprise;

(2)  Implementation of an innovative project.

O.C. 963-2018, s. 50; O.C. 1570-2023, s. 26.

50.1. The selection conditions of the Start up of an innovative enterprise profile are the following:

(1)  have the intention to start up an innovative enterprise, alone or with others, including a maximum of 3 foreign nationals filing a selection application as entrepreneur;

(2)  have the intention to hold, alone or with his or her spouse or de facto spouse, if included in the application, an interest in the contributed capital of the innovative enterprise corresponding to at least 10% of the value of the capital;

(3)  obtain, for the purposes of the start up of the innovative enterprise, appropriate support services from an organization specialized in innovation.

O.C. 1570-2023, s. 26.

50.2. The selection conditions of the Implementation of an innovative project profile are the following:

(1)  have been staying in Québec for at least 2 years on the date of filing of the application, being authorized to work under a work permit not related to a specific employment and issued otherwise than under section 206 of the Immigration and Refugee Protection Regulations (SOR/2002-227), or a study permit;

(2)  have started up an innovative enterprise, alone or with others, including a maximum of 3 foreign nationals filing a selection application as entrepreneur;

(3)  hold, alone or with his or her spouse or de facto spouse, if included in the application, an interest in the contributed capital corresponding to at least 10% of the value of the capital;

(4)  have the intention to implement an innovative project as part of the operation of an innovative enterprise;

(5)  obtain, for the purposes of the implementation of the innovative project, appropriate support services from an organization specialized in innovation.

O.C. 1570-2023, s. 26.

§§ III.  — Component 2: Enterprise start-up

O.C. 1570-2023, s. 27.

51. The Enterprise start-up business project consists of the 2 following profiles:

(1)  Start-up enterprise;

(2)  Started-up enterprise.

O.C. 963-2018, s. 51; O.C. 1030-2019, s. 9; O.C. 282-2021, s. 1; O.C. 1570-2023, s. 28.

52. The selection conditions of the Start-up enterprise profile are the following:

(1)  have experience in enterprise management for a period of at least 2 years, acquired in a sector other than an inadmissible sector referred to in section 1 or 2 of Schedule E, in the 5 years preceding the date of filing of the application;

(2)  have, with his or her spouse or de facto spouse, if included in the application, net assets whose lawful origin must be demonstrated and at least $600,000, which amount excludes donations received in the 6 months preceding the date of filing of the application;

(3)  have the intention, alone or with others, including a maximum of 3 foreign nationals filing a selection application as entrepreneur, to start up an enterprise

(a)  for which are planned, for a period covering not more than its first 2 years, start-up or operating expenses of a minimum value of $300,000 where the principal establishment is to be situated within the territory of the Communauté métropolitaine de Montréal or $150,000 where it is to be situated outside that territory; and

(b)  in which the foreign national intends to hold, alone or with his or her spouse or de facto spouse, if included in the application, an interest in the contributed capital corresponding to at least 25% of the value of the capital;

(4)  have been issued a work permit under paragraph a of section 205 of the Immigration and Refugee Protection Regulations (SOR/2002-227) after the date of the Minister’s notice of intent to render a selection decision;

(5)  at the earliest 1 year after the registration of the enterprise in accordance with the Act respecting the legal publicity of enterprises (chapter P-44.1) and not later than 2 years after the issue of the work permit,

(a)  demonstrate having started up the enterprise during a stay in Québec, in accordance with paragraph 3; and

(b)  demonstrate the payment of the enterprise start-up or operating expenses and hold an interest in its contributed capital in accordance with subparagraphs a and b of paragraph 3.

O.C. 963-2018, s. 52; O.C. 1570-2023, s. 28.

53. The selection conditions of the Started-up enterprise profile are the following:

(1)  have been staying in Québec for at least 2 years on the date of filing of the application, being authorized to work under a work permit not related to a specific employment and issued otherwise than under section 206 of the Immigration and Refugee Protection Regulations (SOR/2002-227), or a study permit;

(2)  have, with his or her spouse or de facto spouse, if included in the application, net assets whose lawful origin must be demonstrated and at least $300,000, which amount excludes donations received in the 6 months preceding the date of filing of the application;

(3)  have started up an enterprise, alone or with others, including a maximum of 3 foreign nationals filing a selection application as entrepreneur;

(4)  hold, alone or with his or her spouse or de facto spouse, if included in the application, an interest in the contributed capital of the enterprise corresponding to at least 25% of the value of the capital;

(5)  show the effectiveness of the start-up of the enterprise at the earliest 1 year after its registration in accordance with the Act respecting the legal publicity of enterprises (chapter P-44.1).

O.C. 963-2018, s. 53; O.C. 1030-2019, s. 10; O.C. 282-2021, s. 2; O.C. 1570-2023, s. 28.

54. A foreign national to whom a work permit has been issued in the case referred to in paragraph 4 of section 52 cannot meet the conditions of the Started-up enterprise profile.

O.C. 963-2018, s. 54; O.C. 1030-2019, s. 11; O.C. 282-2021, s. 3; O.C. 1570-2023, s. 28.

§§ IV.  — Component 3: Entrepreneurial acquisition

O.C. 1570-2023, s. 28.

55. The Entrepreneurial acquisition business project consists of the 2 following profiles:

(1)  Enterprise under acquisition;

(2)  Acquired enterprise.

O.C. 963-2018, s. 55; O.C. 282-2021, s. 4; O.C. 1570-2023, s. 28.

56. The selection conditions of the Enterprise under acquisition profile are the following:

(1)  have, with his or her spouse or de facto spouse, if included in the application, net assets whose lawful origin must be demonstrated and at least $600,000, which amount excludes donations received in the 6 months preceding the date of filing of the application;

(2)  have the intention to acquire, alone or with his or her spouse or de facto spouse, if included in the application, control of an enterprise that has been in operation for at least 5 years from one or more transferors none of whom has been selected under the entrepreneur program in the 5 years preceding the date of filing of the application or is a group whose holder of its control has thus been selected;

(3)  have the intention to incur, alone or with his or her spouse or de facto spouse, if included in the application, expenses necessary for the acquisition, of a minimum value of $300,000 where the main establishment of the enterprise in Québec is situated within the territory of the Communauté métropolitaine de Montréal or $150,000 where it is situated outside that territory;

(4)  obtain, for the purposes of the acquisition of control of the enterprise, appropriate support services from an organization specialized in entrepreneurial acquisition;

(5)  make an offer to acquire the object of which complies with the requirements of paragraphs 2 and 3 not later than 2 years after the date of filing of the application.

O.C. 963-2018, s. 56; O.C. 282-2021, s. 4; O.C. 1570-2023, s. 28.

57. The selection conditions of the Acquired enterprise profile are the following:

(1)  have been staying in Québec for at least 2 years on the date of filing of the application, being authorized to work under a work permit not related to a specific employment and issued otherwise than under section 206 of the Immigration and Refugee Protection Regulations (SOR/2002-227), or a study permit;

(2)  have, with his or her spouse or de facto spouse, if included in the application, net assets whose lawful origin must be demonstrated and at least $300,000, which amount excludes donations received in the 6 months preceding the date of filing of the application;

(3)  acquire and hold, alone or with his or her spouse or de facto spouse, if included in the application, the control of an enterprise in operation for at least 5 years from one or more transferors none of whom has been selected under the entrepreneur program in the 5 years preceding the date of filing of the application or is a group whose holder of its control has thus been selected;

(4)  obtain, for the acquisition of the enterprise, appropriate support services from an organization specialized in entrepreneurial acquisition.

O.C. 963-2018, s. 57; O.C. 282-2021, s. 4; O.C. 1570-2023, s. 28.

57.1. Despite section 1, “control” means direct or indirect legal control for the application of this component only.

O.C. 1570-2023, s. 28.

§ 6 . — Override power

O.C. 963-2018, Sd. 6.

58. The Minister may select a foreign national who does not meet a selection condition or criterion applicable to the foreign national where the foreign national belongs to the economic class and is in one of the following cases:

(1)  has filed an application under the regular skilled worker program, the investor program, the self-employed worker program or the entrepreneur program, has an exceptional profile or a unique expertise for Québec and, where the program so requires, demonstrates the lawful origin of the net assets he or she has with his or her spouse or de facto spouse, if included in the application;

(2)  has filed an application under the regular skilled worker program and obtained every cutoff score provided for in the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4) in the awarding of the points in respect of the factors and criteria in the Selection Grid for the Economic Class in Schedule A.

(3)  (paragraph revoked).

O.C. 963-2018, s. 58; O.C. 1570-2023, ss. 29 and 60.

DIVISION III FAMILY CLASS

O.C. 963-2018, Div. III.

59. A foreign national belongs to the family class if the foreign national is, in respect of the sponsor who undertakes on behalf of the foreign national,

(1)  the spouse, de facto spouse or conjugal partner;

(2)  the dependent child;

(3)  the father, mother, grandfather or grandmother;

(4)  the brother, sister, nephew, niece, grandson or granddaughter, an orphan having lost both parents and under 18 years of age who is unmarried or not a de facto spouse;

(5)  an unmarried minor whom the Québec resident intends to adopt and may adopt under Québec law; or

(6)  a person related to the foreign national, regardless of age or degree of relationship with the sponsor, where the sponsor does not have a spouse or de facto spouse, child, father, mother, grandfather, grandmother, brother, sister, uncle, aunt, nephew or niece

(a)  who is a Canadian citizen, an Indian or a permanent resident within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27); and

(b)  whom he or she could sponsor.

O.C. 963-2018, s. 59.

60. The following foreign national does not belong to the family class:

(1)  the spouse, de facto spouse or conjugal partner of the Québec resident who has previously entered into a sponsorship undertaking on behalf of another spouse, de facto spouse or conjugal partner that has not ended;

(2)  the spouse who, on the date of the union with the Québec resident, was also the spouse of another person;

(3)  the spouse of the Québec resident when they lived separately for 1 year or more and one of them is the de facto spouse or conjugal partner of another person.

O.C. 963-2018, s. 60; O.C. 1231-2022, s. 3.

DIVISION IV HUMANITARIAN CLASS

O.C. 963-2018, Div. IV.

61. A foreign national belongs to the humanitarian class if the foreign national is in a special hardship situation. The foreign national must, to settle in Québec, be selected by the Minister under

(1)  the program for refugees abroad;

(2)  the program for persons selected on the basis of humanitarian considerations; or

(3)  the Special program for asylum seekers during COVID-19 (chapter I-0.2.1, r. 6).

O.C. 963-2018, s. 61; O.C. 1293-2020, s. 6.

62. The Minister may select a foreign national in a special hardship situation under any of the programs referred to in section 61 where the Minister is of the opinion, in particular, that the foreign national is able to participate in community life in Québec or the integration process of the foreign national is the subject of a positive opinion regarding the participation of the foreign national in community life in Québec.

O.C. 963-2018, s. 62.

63. For the purposes of section 62, the Minister takes into account the level of hardship of the foreign national, in particular with respect to risks to his or her physical integrity.

In addition, the Minister takes into account the personal qualities and language proficiency of the foreign national and accompanying family members, the relationship with a Québec resident who is the spouse or de facto spouse or a relative in the first or second degree, the work experience of the foreign national or accompanying family members, an undertaking application of a sponsor referred to in subdivision 3 or 4 of Division V filed on his or her behalf or financial assistance paid by the State.

O.C. 963-2018, s. 63.

§ 1 . — Program for refugees abroad

O.C. 963-2018, Sd. 1.

64. A foreign national who is in a special hardship situation may be selected under the program for refugees abroad by the Minister if the foreign national is

(1)  a refugee within the meaning of the Convention relating to the Status of Refugees outside Canada; or

(2)  a humanitarian-protected person outside Canada who belongs to the country of asylum class referred to in sections 146 and 147 of the Immigration and Refugee Protection Regulations (SOR/2002-227).

O.C. 963-2018, s. 64.

§ 2 . — Program for persons selected on the basis of humanitarian considerations

O.C. 963-2018, Sd. 2.

65. A foreign national who is in a special hardship situation may be selected under the program for persons selected on the basis of humanitarian considerations by the Minister if the foreign national is

(1)  in a hardship situation such that the foreign national deserves humanitarian consideration because, as the case may be,

(a)  his or her physical or psychological well-being and that of his or her family lawfully in Québec would be seriously affected if the foreign national could not live in or come to Québec;

(b)  the foreign national is outside Canada with a relative who has been selected by the Minister and his or her physical or psychological well-being and that of the relative would be seriously affected if the foreign national could not accompany the relative to Québec;

(c)  although not a resident of Québec, the foreign national is successfully established in Québec and has no significant ties with his or her country of origin;

(d)  his or her physical security would be threatened particularly due to risks of imprisonment, torture or death if the foreign national could not come to Québec; or

(e)  his or her application for permanent residence is processed in Canada under section 25, 25.1 or 25.2 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or section 65.1 of the Immigration and Refugee Protection Regulations (SOR/2002-227), his or her physical or psychological well-being would be seriously affected if the foreign national could not come to or settle in Québec and his or her return to the country of origin would cause serious harm; or

(2)  concerned by the lifting of the suspension of a removal order to a country of which he or she is a national and whose application for permanent residence is examined in Canada under section 25, 25.1 or 25.2 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations.

O.C. 963-2018, s. 65.

DIVISION V SPONSORSHIP UNDERTAKING

O.C. 963-2018, Div. V.

§ 1 . — General

O.C. 963-2018, Sd. 1.

66. A natural person who files with the Minister a sponsorship undertaking application on behalf of a foreign national and accompanying family members must

(1)  be 18 years of age or older;

(2)  be a Québec resident and ordinarily reside in Québec, except in the case of a person referred to in section 75;

(3)  have complied with the financial requirements contracted under a sponsorship undertaking or, failing that, has reimbursed the amounts received under the Individual and Family Assistance Act (chapter A-13.1.1) or the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(4)  is not the subject of a removal order made under the Immigration and Refugee Protection Act;

(5)  is not detained in a penitentiary or prison;

(6)  has not been convicted in Canada of murder or any of the offences listed in Schedule I or II to 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 person 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 at least 5 years before the date of filing of the undertaking application;

(7)  has not been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence referred to in paragraph 6, 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 undertaking application;

(8)  has not, in the 5 years preceding the date of filing of the undertaking application, been the subject of forced execution of a court judgment ordering support payment, or of a remedy for the execution of support referred to in Chapter VI of the Act to facilitate the payment of support (chapter P-2.2) or, failing that, has paid all arrears owed;

(9)  is not a recipient of last resort financial assistance under a Québec Act, except owing to age or disability creating a severely and permanently or indefinitely limited capacity for employment; and

(10)  is not the subject of a revocation procedure under the Citizenship Act (R.S.C. 1985, c. C-29).

O.C. 963-2018, s. 66; O.C. 1231-2022, s. 4.

67. The undertaking made by a sponsor is entered into as soon as it is signed by the Minister.

Despite the foregoing, the obligations of the sponsor provided for in the undertaking take effect from the date the foreign national obtains the status of permanent resident under the Immigration and Refugee Protection Act (S.C. 2001, c. 27) or, in the case of a national admitted under a temporary resident permit issued under section 24 of that Act, on the date of issue of the permit, if the application is filed in Québec, or on the date of the foreign national’s arrival in Québec, if the application is filed abroad.

O.C. 963-2018, s. 67; O.C. 1231-2022, s. 5.

68. A sponsor who entered into an undertaking on behalf of a foreign national and, where applicable, family members accompanying the foreign national to Québec must, in their regard,

(1)  provide for basic needs in accordance with the scales prescribed by Schedule C or D as the case may be;

(2)  provide the necessary support in integration activities such as search for employment and school enrolment as well as support for access to public services and participation in community life, while promoting the learning of French, as well as knowledge of democratic values and the Québec values expressed by the Charter of human rights and freedoms (chapter C-12);

(3)  reimburse to the Gouvernement du Québec any amount paid as last resort assistance benefits under the Individual and Family Assistance Act (chapter A-13.1.1);

(4)  reimburse to the government of a province any amount paid as last resort assistance benefits or any other similar benefit under an Act of that province; and

(5)  reimburse to the Gouvernement du Québec any amount paid as financial assistance by the Minister under one of its program.

If more than one sponsor entered into an undertaking, each is solidarily liable for the obligations contracted.

O.C. 963-2018, s. 68; O.C. 1231-2022, s. 6; O.C. 1570-2023, s. 30.

68.1. A sponsorship undertaking application must include a plan for the reception and integration of the foreign nationals covered by the undertaking.

The reception and integration plan must contain the following information:

(1)  a summary of the means that will be used to ensure compliance with the obligations provided for in section 68 and the reception in the region of settlement;

(2)  the name, contact information and role of every person taking part in the reception and integration of the foreign nationals;

(3)  any other information requested by the Minister.

Despite the foregoing, if the application is filed for the family class, no plan is required in respect of foreign nationals who are under 18 years of age or over 55 years of age.

O.C. 1570-2023, s. 31.

§ 2 . — Undertaking under the family class

O.C. 963-2018, Sd. 2.

69. A sponsorship undertaking application is filed by a resident who complies with the conditions referred to in section 66 of this Regulation on behalf of a foreign national who belongs to the family class and, where applicable, accompanying family members.

O.C. 963-2018, s. 69.

70. The spouse or de facto spouse of the person filing a sponsorship undertaking application may join into the application and subscribe to the undertaking if that person meets the conditions provided for in section 66 of this Regulation.

O.C. 963-2018, s. 70.

71. The person filing a sponsorship undertaking application on behalf of his or her minor child must show that the person holds and exercises parental authority in respect of the child.

Where parental authority is held or exercised solely by the other parent or jointly, the sponsor must obtain from that parent authorization in writing for the settling of the child in Québec.

O.C. 963-2018, s. 71.

72. A person who files a sponsorship undertaking application on behalf of his or her dependent child for whom a decision granting adoption recognized by the sole operation of law under the Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (chapter M-35.1.3) is made while the person is residing in Québec, or on behalf of a minor child the person intends to adopt and may adopt under Québec law, must include in the application a statement issued by the Minister of Health and Social Services certifying that the Minister has taken cognizance of the steps taken by the person to receive the child and that there are no reasons to oppose the adoption.

Where an officer authorized under the Immigration and Refugee Protection Regulations (SOR/2002-227) provides the minister with new evidence under subsection 8 of section 117 of those Regulations, the Minister must notify the sponsor thereof and the Minister of Health and Social Services so that the Minister may confirm or amend the statement.

O.C. 963-2018, s. 72.

73. A person who files a sponsorship undertaking application on behalf of a minor child covered by paragraph 4 of section 59 of this Regulation must include a document issued by an agency having the authority to inquire into the conditions of taking in charge and placing a child, certifying that it has taken cognizance of the steps taken by the sponsor to receive the child and that such steps are in the interest of the child and respect the child’s rights.

The person must also subscribe to an undertaking in writing to apply to the Superior Court within 90 days of the child’s arrival to have a tutor appointed to the child. The person must in like manner agree to exercise the rights and obligations of parental authority until such appointment.

O.C. 963-2018, s. 73.

74. Where a sponsor subscribes to an undertaking on behalf of a child referred to in paragraph 2 of section 59 of this Regulation, who was adopted and of full age, the adoption, if made while the sponsor resided in Québec, must comply with Québec law.

O.C. 963-2018, s. 74.

75. A Canadian citizen residing abroad who subscribes to an undertaking on behalf of his or her spouse, de facto spouse, conjugal partner or dependent child who has no dependent children, must undertake to reside in Québec when that person will have obtained the status of permanent resident.

O.C. 963-2018, s. 75.

76. A person who files a sponsorship undertaking application must demonstrate that he or she is able to comply with an undertaking subscribed to on behalf of the foreign national and family members accompanying the foreign national to Québec and is also able to subscribe to an undertaking on behalf of family members who do not accompany the foreign national. The demonstration must be based on income from a Canadian source or property held in Canada and requires that the person has and continues to have, for the duration of the undertaking,

(1)  a gross annual income to provide for his or her basic needs and those of the family members at least equal to the minimum income required, as determined in Schedule B; and

(2)  the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

Where the sponsor owns a sole proprietorship or is an associate of a partnership, only the net enterprise income is taken into consideration for the purposes of the first paragraph.

The first paragraph does not apply where the person on whose behalf the sponsor subscribes to an undertaking is

(1)  his or her spouse, de facto spouse or conjugal partner who does not have dependent children;

(2)  his or her spouse, de facto spouse or conjugal partner who has a dependent child who does not have dependent children;

(3)  his or her dependent child who does not have dependent children; or

(4)  referred to in paragraph 5 of section 59.

O.C. 963-2018, s. 76; O.C. 1570-2023, s. 33.

77. A person who files a sponsorship undertaking application is presumed to be able to fulfil his or her undertaking in accordance with section 76 if the person demonstrates that he or she has had, for the 12 months preceding the examination of the application and will continue to have, for the duration of the undertaking, a gross annual income from a Canadian source equal to the minimum income required from the sponsor to provide for his or her basic needs and those of the family members, as determined in Schedule B, to which is added the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

Where the sponsor owns a sole proprietorship or is an associate of a partnership, only the net enterprise income from a Canadian source is taken into consideration for the purposes of the presumption provided for in the first paragraph.

O.C. 963-2018, s. 77; O.C. 1570-2023, s. 34.

78. For the purposes of the calculation provided for in section 76 or 77, the sum of the income of the spouses or de facto spouses filing jointly a sponsorship undertaking application in accordance with section 70 of this Regulation is taken into account.

O.C. 963-2018, s. 78; O.C. 1570-2023, s. 35.

79. An undertaking entered into previously by a person filing a sponsorship undertaking application must be taken into account in the calculation of the person’s financial capacity to fulfil the new undertaking.

O.C. 963-2018, s. 79; O.C. 1231-2022, s. 7.

80. Where the conditions of subdivision 1 and this subdivision are met, the undertaking is entered into. The duration of the undertaking is

(1)  3 years, in the case of a person described in paragraph 1 of section 59 of this Regulation;

(2)  10 years or, where applicable, until of full age, according to the longer of those periods, in the case of a person described in paragraph 2, 4 or 5 of section 59 or a dependent child accompanying the person referred to in section 59, if the family member is under 16 years of age on the date on which the sponsor’s obligations take effect;

(3)  3 years or up to 25 years of age, according to the longer of those periods, in the case of a person described in paragraph 2, 4 or 5 of section 59 or a dependent child accompanying the person referred to in section 59, if the family member is 16 years of age or older on the date on which the sponsor’s obligations take effect; or

(4)  10 years, in the case of a person described in paragraph 3 or 6 of section 59, or in the case of a spouse or de facto spouse of that person.

O.C. 963-2018, s. 80.

§ 3 . — Undertaking under the program for refugees abroad (Collective sponsorship)

O.C. 963-2018, Sd. 3.

81. An undertaking application for the sponsorship of a foreign national referred to in section 64 of this Regulation may be filed with the Minister by

(1)  a class E legal person (experienced);

(2)  a class R legal person (regular); or

(3)  a group of 2 to 5 natural persons.

O.C. 963-2018, s. 81.

82. The legal person referred to in section 81 must

(1)  be constituted under Part III of the Companies Act (chapter C-38), the Religious Corporations Act (chapter C-71), the Roman Catholic Bishops Act (chapter E-17), the Act respecting fabriques (chapter F-1) or the Professional Syndicates Act (chapter S-40), or is incorporated as a non-profit corporation within the meaning of the laws of Canada or any province thereof, if it carries on activities in Québec and is registered in accordance with the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  have been carrying out its activities for at least 2 years;

(3)  not be a political party or a party authority within the meaning of Chapter I of Title III of the Election Act (chapter E-3.3);

(4)  have complied with the financial requirements contracted under a sponsorship undertaking or, failing that, have reimbursed the amounts paid under the Individual and Family Assistance Act (chapter A-13.1.1) or the Immigration and Refugee Protection Act (S.C. 2001, c. 27); and

(5)  have registered charity status in accordance with the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)).

O.C. 963-2018, s. 82; O.C. 1231-2022, s. 9.

83. A class E legal person is a person who

(1)  has 10 years or more of experience in sponsorship in Québec acquired over a period of 15 years before the date of taking effect of the Minister’s preceding decision providing, under section 50 of the Act, for a period for receiving sponsorship undertaking applications under the program for refugees abroad;

(2)  has filed the minimum number of sponsorship undertaking applications set in the Minister’s preceding decision providing, under section 50 of the Act, for a period during which the legal person could file an undertaking application under the program; and

(3)  has entered into sponsorship undertakings on behalf of foreign nationals of at least 3 different nationalities in the 36 months before the date of taking effect of the Minister’s preceding decision providing, under section 50 of the Act, for a period during which the legal person could file an undertaking application under the program.

A class E legal person is part of subclass ES (specific) if the sponsorship undertaking applications filed by the person concern only foreign nationals who will settle outside the territory of the Communauté métropolitaine de Montréal, as certified by the reception and integration plan referred to in section 68.1.

O.C. 963-2018, s. 83; O.C. 1231-2022, s. 10; O.C. 1570-2023, s. 36.

84. A class R legal person is a person who does not meet the criteria provided for in section 83.

A class R legal person is part of subclass RS (specific) if the sponsorship undertaking applications filed by the person concern only foreign nationals who will settle outside the territory of the Communauté métropolitaine de Montréal, as certified by the reception and integration plan referred to in section 68.1.

O.C. 963-2018, s. 84; O.C. 1231-2022, s. 11; O.C. 1570-2023, s. 37.

85. An organization related to a class E or R organization is excluded from any of those classes.

The administrators, representatives and members of the board of directors of a class E or R organization may not form a group of 2 to 5 natural persons.

O.C. 963-2018, s. 85; O.C. 1231-2022, s. 12.

86. Each person forming a group of 2 to 5 natural persons must meet the conditions provided for in section 66.

Where a sponsorship undertaking application is filed by a legal person, its administrators, its representatives and the members of its board of directors must meet the conditions set out in paragraphs 4 to 7 and 10 of section 66.

O.C. 963-2018, s. 86; O.C. 1231-2022, s. 13.

87. A legal person or a group of 2 to 5 natural persons may not file a sponsorship undertaking application if the number of applications filed for a same period is equal to or greater than the number determined by a decision of the Minister made under section 50 of the Act.

O.C. 963-2018, s. 87; O.C. 1231-2022, s. 14.

88. The legal person or group of 2 to 5 natural persons filing an undertaking application must demonstrate that it would be able to fulfil the undertaking subscribed to on behalf of the foreign national and the family members accompanying the foreign national to Québec and that it would also be able to subscribe to an undertaking on behalf of the family members not accompanying the foreign national. The demonstration must be based on sufficient financial resources available in Canada.

O.C. 963-2018, s. 88; O.C. 1231-2022, s. 15.

89. For the purposes of section 88, each person who is part of a group of 2 to 5 natural persons must, in particular, demonstrate that he or she has and will continue to have, for the duration of the undertaking, income to provide for his or her basic needs and those of the family members, at least equal to the minimum income required as determined in Schedule B. In addition, the group must have the minimum amount required to provide for the sponsored person’s basic needs, as determined in Schedule D.

Where a group includes a married or de facto couple, the minimum income required is reached for each of them when the sum of the income of the spouses or de facto spouses is at least equal to the minimum income required as determined in Schedule B.

Where a group includes a person who has a dependent child and whose income is at least equal to the minimum income required as determined in Schedule B, the dependent child is not taken into account when counting the number of family members for the purpose of assessing the person’s income.

Where the person owns a sole proprietorship or is an associate of a partnership, only the net enterprise income is taken into consideration for the purposes of the first paragraph.

O.C. 963-2018, s. 89; O.C. 1231-2022, s. 16; O.C. 1570-2023, s. 38.

90. For the purposes of section 88, a legal person must in particular have and will continue to have, for the duration of the undertaking, an annual amount at least equal to the amount required for the sponsored person’s basic needs, as determined in Schedule C.

O.C. 963-2018, s. 90; O.C. 1231-2022, s. 17.

91. An undertaking entered into by a member of the group of 2 to 5 natural persons or by the group of persons must be taken into account by the Minister in the calculation of the group’s financial capacity to fulfil the new undertaking for which it is filing an application.

O.C. 963-2018, s. 91; O.C. 1231-2022, s. 18.

92. (Revoked).

O.C. 963-2018, s. 92; O.C. 1570-2023, s. 39.

93. A settlement report for the persons covered by the undertaking must be filed with the Minister not later than 3 months following the date of their settlement in Québec and not later than 3 months following the date of expiry of the undertaking.

The report must, in particular, demonstrate that the legal person or the group of 2 to 5 natural persons has in fact used the means presented in the reception and integration plan.

O.C. 963-2018, s. 93; O.C. 1231-2022, s. 19.

94. The Minister may refuse to examine the sponsorship undertaking application of the legal person or group of 2 to 5 natural persons if, in the 3 years preceding the examination of the application, the legal person or group of persons has not complied with the obligations incumbent upon the person or group of persons under section 68 or 93 or has contravened section 95.

O.C. 963-2018, s. 94; O.C. 1231-2022, s. 20.

95. No person may profit, in any way, from an undertaking application or an undertaking entered into on behalf of a foreign national and accompanying family members, in particular by receiving interest on an investment, the levy of charges or the acceptance of a donation.

The legal persons referred to in paragraphs 1 and 2 of section 81 may, however, receive administration fees that may not exceed 1% of the amount required to provide for the basic needs of the foreign national and accompanying family members covered by the undertaking, as provided for in Schedule C.

O.C. 963-2018, s. 95; O.C. 1231-2022, s. 21.

96. The duration of the undertaking entered into on behalf of a foreign national referred to in section 64 of this Regulation is 1 year.

O.C. 963-2018, s. 96; O.C. 1231-2022, s. 22.

§ 4 . — Discretionary undertaking in an economic class program or under the program for persons selected for humanitarian considerations

O.C. 963-2018, Sd. 4.

97. Where the Minister selects a foreign national under an economic class program or under the program for persons selected for humanitarian considerations, the Minister may require that an undertaking be entered into, for a period of 3 years, on behalf of that foreign national,

(1)  by a Québec resident who meets the conditions referred to in sections 66 to 68 and, in that case, sections 70 and 76 to 79 apply with the necessary modifications; or

(2)  by a legal person referred to in section 81 of this Regulation and, in that case, sections 82, 90 and 95 apply with the necessary modifications.

O.C. 963-2018, s. 97; O.C. 1231-2022, s. 23.

CHAPTER IV EMPLOYER

O.C. 963-2018, c. IV.

DIVISION I CONDITIONS RELATING TO THE EMPLOYER

O.C. 963-2018, Div. I.

98. An employer wishing to hire a foreign national under the temporary foreign worker program must obtain from the Minister, in accordance with section 15 of the Act, a positive assessment as to the employment offer’s impact on Québec’s labour market.

An employer wishing to hire a foreign national who wishes to settle in Québec may file an application for the validation of the employment offer.

O.C. 963-2018, s. 98; O.C. 1030-2019, s. 12.

99. The Minister refuses the employer’s application for the assessment of the employment offer’s impact on the labour market or the application for validation of the employment offer of the employer if the employer

(1)  is on the list provided for in section 209.997 of the Immigration and Refugee Protection Regulations (SOR/2002-227);

(2)  has been condemned, during the 2 years preceding the date of the application, by a final decision of the Human Rights Tribunal relating to discrimination or reprisals relating to employment;

(3)  has been convicted, in the 2 years preceding the date of the application, of an offence against

(a)  section 458 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) for a contravention of the first paragraph of section 32 of that Act, section 461 of that Act for a contravention of section 290, section 463 or section 464 of that Act;

(b)  paragraph 1 or 5 of section 134 of the Charter of human rights and freedoms (chapter C-12) relating to employment;

(c)  section 143 of the Labour Code (chapter C-27) for a contravention of section 14 of that Act;

(d)  section 30 of the Act respecting collective agreement decrees (chapter D-2);

(e)  subparagraph 3 of the first paragraph of section 115 of the Pay Equity Act (chapter E-12.001);

(f)  section 139, 140, 140.1 or 141 of the Act respecting labour standards (chapter N-1.1);

(g)  section 119 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) for a contravention of section 101 of that Act; or

(h)  section 235 of the Act respecting occupational health and safety (chapter S-2.1) or section 236 of that Act for a contravention of section 30 or section 185 of that Act;

(4)  failed, during the 2 years preceding the application, to comply with the conditions relating to an employment offer that was validated or had been the subject of a positive assessment as to its impact on Québec’s labour market;

(5)  operates an enterprise whose activities consist in offering personnel placement or leasing services and the employment offered is for providing a worker required to meet the temporary workforce needs of a client, another person or a public body under a contract entered into with the latter; or

(6)  retains the services of a recruitment agency for temporary foreign workers that does not hold a valid licence issued in accordance with the Regulation respecting personnel placement agencies and recruitment agencies for temporary foreign workers (chapter N-1.1, r. 0.1).

O.C. 963-2018, s. 99; O.C. 1570-2023, s. 40.

DIVISION II EMPLOYMENT OFFER

O.C. 963-2018, Div. II.

100. The Minister gives a positive assessment as to the employment offer’s impact on Québec’s labour market or validates the employment offer where the employment

(1)  does not and is not likely to adversely affect the settlement of any labour dispute at the workplace where the foreign national would carry on the employment, or the employment of any person involved in the dispute, or to contravene the application of the Labour Code (chapter C-27);

(2)  corresponds to the employer’s legitimate labour needs;

(3)  will likely result in a positive or neutral effect on the labour market;

(4)  is full time;

(5)  is not in an inadmissible sector listed in sections 1 and 2 of Schedule E.

In the case of the validation of an employment offer, the following conditions must also be met:

(1)  the employment is not with an enterprise over which the foreign national exercises control;

(2)  the employer has been operating an enterprise in Québec for more than 1 year;

(3)  the foreign national to whom the employment offer is made meets the conditions for access to the profession listed in the National Occupational Classification to hold the employment and, where applicable, the specific conditions set out in the employment offer.

O.C. 963-2018, s. 100; O.C. 1030-2019, s. 13; O.C. 1570-2023, s. 41.

101. To determine if the employment will likely result in a positive or neutral impact on Québec’s labour market or for the validation of the employment offer, the Minister takes into account, in the Minister’s assessment,

(1)  direct employment creation or employment retention;

(2)  the development or transfer of skills;

(3)  the filling of a labour shortage in the profession concerned by the employment offer;

(4)  the reasonable efforts made by the employer to hire or train Québec residents;

(5)  the work conditions and salary offered that are regarded as incentives for Québec residents to hold or continue to hold the employment; and

(6)  the employer’s ability to meet the conditions offered, financially or materially.

O.C. 963-2018, s. 101; O.C. 1570-2023, s. 42.

102. An employer whose employment offer is validated by the Minister must reserve that employment for the foreign national so that the foreign national may hold it as soon as the foreign national arrives in Québec.

O.C. 963-2018, s. 102; O.C. 1030-2019, s. 14; O.C. 1570-2023, s. 43.

CHAPTER V REQUIRED FEES

O.C. 963-2018, c. V.

103. The following persons are exempted from paying the fees provided for in section 73 of the Act:

(1)  a foreign national who has applied for protection conferred under paragraph b or c of subsection 1 of section 95 of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(2)  a minor child whose situation is the responsibility of a youth protection director designated under the Youth Protection Act (chapter P-34.1) or a local community services centre established under the Act respecting health services and social services (chapter S-4.2);

(3)  a minor child that may exempted from the payment of the financial contribution determined under section 473 of the Education Act (chapter I-13.3).

O.C. 963-2018, s. 103.

104. Where a selection application involves, in relation to the previous application, the addition or removal of a member of the foreign national’s family belonging to the economic class, the foreign national and family members are exempted from paying the required fees if they are already subject to a selection decision that is still valid.

O.C. 963-2018, s. 104; O.C. 1570-2023, s. 44.

104.1. An employer that simultaneously files several applications for the assessment of an employment offer’s impact on Québec’s labour market is required to pay the fees provided for in section 77 of the Act as if filing a single application when the following conditions are met:

(1)  the employer is registered as an agricultural operation in accordance with the Regulation respecting the registration of agricultural operations and the payment of property taxes and compensation (chapter M-14, r. 1.1);

(2)  the hourly wage and scheduled start date for the employment are the same for all the employments offered;

(3)  the employments offered belong to the same profession, which is one of the following professions:

(a)  agricultural service contractors and farm supervisors (code 82030);

(b)  contractors and supervisors, landscaping, grounds maintenance and horticulture services (code 82031);

(c)  managers in agriculture (code 80020);

(d)  managers in horticulture (code 80021);

(e)  harvesting labourers (code 85101);

(f)  livestock labourers (code 85100);

(g)  nursery and greenhouse workers (code 85103);

(h)  specialized livestock workers and farm machinery operators (code 84120).

The exemption applies for all the applications that meet the conditions set out in the first paragraph.

O.C. 1570-2023, s. 45.

CHAPTER VI REJECTION OF AN APPLICATION, REFUSAL TO EXAMINE AND INVALIDITY OF A DECISION

O.C. 963-2018, c. VI; O.C. 1570-2023, s. 46.

104.2. The Minister may reject the application of a foreign national in the following cases:

(1)  the foreign national has not complied with a condition imposed under the Immigration and Refugee Protection Regulations (SOR/2002-227) while staying in Québec in the 5 years preceding the examination of the application;

(2)  the foreign national has not complied with an obligation required under section 8, 13, 14 or 15 in the 5 years preceding the examination of the application;

(3)  the foreign national files an application for selection for permanent immigration and his or her spouse or de facto spouse, included in the application, is covered in paragraph 1 or 2.

O.C. 1570-2023, s. 47.

104.3. The Minister may refuse to examine the application of a foreign national who has already filed an application that has been rejected under section 104.2 where the non-compliance with the condition or obligation having justified such rejection dates more than 5 years.

O.C. 1570-2023, s. 47.

105. The Minister’s consent for a foreign national’s stay given under section 5 of this Regulation is valid for the duration provided for in the positive assessment of the impact on Québec’s labour market but for not more than 36 months.

The start of the period provided for in the first paragraph takes effect on the date of the issue of a work permit under the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

O.C. 963-2018, s. 105.

106. The Minister’s consent for a foreign national’s stay given under section 11 of this Regulation is valid for the duration of the program or level of studies indicated in the foreign national’s application but for not more than 49 months.

In the case of a child under 17 years of age accompanying the holder of parental authority who stays in Québec as temporary foreign worker, international student or to receive medical treatment, the Minister’s consent is of the same duration as the Minister’s consent for the stay of the holder of parental authority.

If the child under 17 years of age is not accompanied by the holder of parental authority, the Minister’s consent for the stay is for a period of 14 months.

O.C. 963-2018, s. 106.

The duration of the consent to the stay of a foreign national that was given by the Minister of Immigration, Francization and Integration under section 11 or 16 of that Regulation is extended until 31 December 2020 where that consent expires as of 30 April 2020 and before 31 December 2020. (O.C. 494-2020, s. 1)

107. The consent for a foreign national’s stay given under section 18 of this Regulation is valid for the expected period for the medical treatment.

O.C. 963-2018, s. 107.

108. The selection decision for permanent immigration is valid for a period of 24 months or until a decision respecting the application for permanent residence is rendered under the Immigration and Refugee Protection Act (S.C. 2001, c. 27).

O.C. 963-2018, s. 108.

108.1. The decision to validate an employment offer is valid for a period of 18 months.

O.C. 1570-2023, s. 48.

109. The selection decision for temporary immigration lapses where the foreign national

(1)  is subject to a removal order for which there is no stay or is inadmissible and is not authorized to enter and remain in Canada, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27); or

(2)  obtains a new decision for the same reason as the temporary stay.

O.C. 963-2018, s. 109.

110. The sponsorship undertaking lapses if the foreign national on behalf of whom it is entered into

(1)  does not meet the requirements of this Regulation;

(2)  is not admitted as permanent resident under the undertaking; or

(3)  is not the subject of a selection decision as permanent resident within 48 months following the date on which the undertaking is entered into.

O.C. 963-2018, s. 110; O.C. 1231-2022, s. 24.

111. The selection decision for permanent immigration lapses where

(1)  the foreign national is subject to a removal order for which there is no stay or is inadmissible and is not authorized to enter and remain in Canada, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27);

(2)  the foreign national obtains a new selection decision for permanent immigration; or

(3)  the foreign national obtains a decision after an application to add or remove a family member.

O.C. 963-2018, s. 111; O.C. 1570-2023, s. 49.

CHAPTER VII INDEXING

O.C. 963-2018, c. VII.

112. The amounts in Schedules B, C and D are adjusted on 1 January of each year by a rate corresponding to the annual change in the average all-items Consumer Price Index for Québec excluding alcoholic beverages, tobacco products and recreational cannabis for the 12-month period ending on 30 September of the year preceding the year for which the fee is to be adjusted. The Minister publishes the rate without delay on the Minister’s website and in the Gazette officielle du Québec.

O.C. 963-2018, s. 112; S.Q. 2020, c. 5, s. 214.

CHAPTER VIII OFFENCES

O.C. 963-2018, c. VIII.

113. Every person who

(1)  acts as or purports to be a financial intermediary participating in the investor program without being a party to an agreement allowing the intermediary to participate in accordance with this Regulation;

(2)  contravenes section 95 or 102,

is guilty of an offence and is liable to the penalties provided for in section 94 of the Act.

O.C. 963-2018, s. 113; O.C. 1570-2023, s. 50.

CHAPTER IX TRANSITIONAL AND FINAL

O.C. 963-2018, c. IX.

114. Applications for selection certificates filed before 2 August 2018, except those filed under the Québec experience program, are continued and decided under the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4) and the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2, r. 2) as they read on 1 August 2018.

O.C. 963-2018, s. 114.

115. (Revoked).

O.C. 963-2018, s. 115; O.C. 1030-2019, s. 15.

116. (Revoked).

O.C. 963-2018, s. 116; O.C. 1030-2019, s. 15.

117. Every agreement entered into with a financial intermediary who is an investment dealer or a trust company before 2 August 2018 is deemed to be entered into under section 39 of this Regulation.

Despite the foregoing, an investment dealer or trust company who does not have a head office in Québec and who participates in the investor program may, despite subparagraph 2 of the first paragraph of section 39, continue to participate in the program for a period of 4 years as of 2 August 2018, if, in the year following that date, the dealer or company creates or acquires an entity that is a dealer or trust company registered with the Autorité des marchés financiers and whose rights are not suspended by the latter.

O.C. 963-2018, s. 117.

118. The Minister consents, under the temporary foreign worker program, to the stay of a foreign national who was staying, as of 1 August 2018 in Québec as a live-in caregiver and who wishes to extend the stay, if the foreign national meets the conditions provided for in section 9 and

(1)  undertakes to reside with his employer; and

(2)  if the foreign national does not understand or speak French, the employer undertakes, in the work contract, to facilitate access to French classes outside working hours.

The requirement to obtain every cutoff score provided for in the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4) in the awarding of the points in respect of the factors and criteria in the Selection Grid for the Economic Class in Schedule A, provided for in paragraph 2 of section 58, does not apply to a foreign national referred to in the first paragraph.

O.C. 963-2018, s. 118; O.C. 1570-2023, ss. 51 and 60.

118.1. Sections 24.1 to 24.5, as added by the Regulation to amend the Québec Immigration Regulation (O.C. 1030-2019, 2019-10-09), do not apply to an application for selection for permanent immigration filed under any of the programs listed in section 24 before 1 January 2020.

O.C. 1138-2019, s. 3.

118.2. An application for selection for permanent immigration filed under the Québec experience program between 1 November and 13 November 2019 is continued and decided under sections 33 and 34, as replaced by the Regulation to amend the Québec Immigration Regulation (O.C. 1030-2019, 2019-10-09), if the foreign national filing the application had obtained an attestation or diploma attesting to 900 but less than 1,800 hours of studies.

O.C. 1138-2019, s. 3.

118.3. Subject to section 118.2, an application for selection for permanent immigration filed under the Québec graduate component of the Québec experience program is processed and decided in accordance with section 33 of this Regulation as it read on 21 July 2020 where it is filed by a foreign national whose diploma referred to in paragraph 1 of that section has been issued before 1 January 2021.

O.C. 772-2020, s. 4; O.C. 1570-2023, s. 52.

118.4. An application for selection for permanent immigration filed under the Temporary foreign worker component of the Québec experience program is processed and decided in accordance with section 34 of this Regulation as it read on 21 July 2020 where it is filed by a foreign national who was staying in Québec as of 21 July 2020 while holding a work permit issued under the Immigration and Refugee Protection Regulations (SOR/2002-227) or being otherwise authorized to work in accordance with that Regulation.

O.C. 772-2020, s. 4; O.C. 1570-2023, s. 53.

118.5. An application for selection for permanent immigration filed under the Québec experience program as of 22 July 2020 is processed and decided under paragraph 3 of section 33 as it read on 21 July 2020, which is substituted for paragraph 1 of section 33.1, if it is filed by a foreign national who, on that date, had registered for an intermediate French course, level 7 or more according to the Échelle québécoise des niveaux de compétence en français, offered by a Québec educational institution, or had begun or successfully completed such a course, provided if he or she presents the result of the course in support of the application.

O.C. 772-2020, s. 4; O.C. 1570-2023, s. 54.

118.6. The condition set out in paragraph 2 of section 33.1 of this Regulation does not apply to an application for selection for permanent immigration filed under the Québec experience program before 22 July 2021.

O.C. 772-2020, s. 4; O.C. 1570-2023, s. 55.

118.7. The following sponsorship undertaking applications under the program for refugees abroad are processed and decided under sections 88 to 90 and 93 as they read on 16 August 2022:

(1)  those filed before 17 August 2022;

(2)  those filed on behalf of a foreign national on behalf of whom a sponsorship undertaking that lapsed was entered into further to an application filed before 17 August 2022.

Subparagraph 5 of the first paragraph of section 68 and paragraph 5 of section 82 do not apply to such applications.

O.C. 1231-2022, s. 25.

In force: 2024-11-29

118.8. The following applications filed under the regular skilled worker program are processed and decided in accordance with the provisions of section 1 with respect to the definition of “Québec diploma” and of sections 24, 25, 32 and 58 and Schedule A, as they read on 28 November 2024:

(1)  the applications for selection for permanent immigration on an invitation by the Minister before 29 November 2024;

(2)  the applications to add or remove a family member filed under that program before 29 November 2024.

However, in the case of an application filed by a foreign national referred to in section 118,

(1)  those provisions of section 25 do not apply; and

(2)  despite paragraph 2 of section 58, the foreign national is not required to obtain every cutoff score provided for in the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4) in the awarding of the points in respect of the factors and criteria in the Selection Grid for the Economic Class in Schedule A.

O.C. 1570-2023, s. 56.

In force: 2024-11-29

118.9. A foreign national selected for permanent immigration under the regular skilled worker program may file an application to add or remove a family member under the program. The application is processed and decided in accordance with the provisions of section 1, with respect to the definition of “Québec diploma”, and of sections 24, 25 and 58 and Schedule A, as they read on 28 November 2024.

O.C. 1570-2023, s. 56.

118.10. Subject to this Chapter, an application for selection for permanent immigration filed under the Québec experience program before 23 November 2023 is processed and decided in accordance with section 33, 34 or 35, as they read on 22 November 2023.

For the purposes of these provisions, employment held with an enterprise on which the foreign national exercises control is not eligible.

O.C. 1570-2023, s. 56.

In force: 2024-11-23

118.11. The condition set out in paragraph 4 of section 34 does not apply to an application for selection for permanent immigration filed under the Québec experience program before 23 November 2024.

O.C. 1570-2023, s. 56.

118.12. An application for selection for permanent immigration filed under the investor program before 1 January 2024 is processed and decided in accordance with the provisions of section 1, with respect to the definitions of “investment dealer” and “trust company”, and Subdivision 3 of Division II of Chapter III, as they read on 31 December 2023, and, as of 29 November 2024, of Schedule A, as it read on 28 November 2024.

A foreign national who has filed such an application does business with a financial intermediary who is a party to an agreement entered into pursuant to section 39, as it read on 31 December 2023, to which the parties have agreed to extend certain effects beyond 31 December 2023, that agreement being valid only for the applications referred to in the first paragraph.

If the foreign national changes their financial intermediary, the foreign national may also do business with a participating financial intermediary in accordance with section 38.

O.C. 1570-2023, s. 56.

118.13. An application for selection for permanent immigration filed under the self-employed worker program before 1 January 2024 is processed and decided in accordance with Subdivision 4 of Division II of Chapter III as it read on 31 December 2023 and, as of 29 November 2024, with Schedule A as it read on 28 November 2024.

O.C. 1570-2023, s. 56.

118.14. An application for selection for permanent immigration filed under the entrepreneur program before 1 January 2024 is processed and decided in accordance with the provisions of section 1 with respect to the definitions of “enterprise accelerator”, “university entrepreneurship centre” and “enterprise incubator”, Subdivision 5 of Division II of Chapter III and Schedule E, as they read on 31 December 2023, and, as of 29 November 2024, Schedule A, as it read on 28 November 2024.

O.C. 1570-2023, s. 56.

118.15. A permanent immigration pilot program becomes, on the date of revocation, a program under which the following applications are processed and decided in accordance with its provisions, as they read on the date preceding the date of revocation:

(1)  the applications filed under such a permanent immigration pilot program before the date of revocation;

(2)  the applications filed by a foreign national selected under such a permanent immigration pilot program to add or remove a family member.

This Regulation applies as if such a program was covered by section 24.

O.C. 1570-2023, s. 56.

118.16. A sponsorship undertaking application filed before 23 November 2023 is processed and decided in accordance with sections 68 and, as applicable, 83, 84 and 92, as they read on 22 November 2023.

Section 68.1 does not apply to such an application.

O.C. 1570-2023, s. 56.

119. This Regulation replaces the Regulation respecting the selection of foreign nationals (chapter I-0.2, r. 4).

O.C. 963-2018, s. 119.

120. (Omitted).

O.C. 963-2018, s. 120.

SCHEDULE A

(ss. 32, 33, 34, 37, 48, 50, 51, 53, 58)

SELECTION GRID FOR THE ECONOMIC CLASS

Factors		Criteria
1.	Training	1.1	Education level
		(a)	secondary school general diploma
		(b)	secondary school vocational diploma attesting to at least 1 year of full-time studies
		(c)	postsecondary school general diploma attesting to 2 years of full-time studies
		(d)	postsecondary school technical diploma attesting to 1 year of full-time studies
		(e)	postsecondary school technical diploma attesting to 2 years of full-time studies
		(f)	secondary school vocational diploma, or post-secondary school technical diploma attesting to 1 or 2 years of full-time studies, in training referred to in section A or B of Part I or II of criterion 1.2
		(g)	postsecondary school technical diploma attesting to 3 years of full-time studies
		(h)	postsecondary school technical diploma attesting to 3 years of full-time studies in training referred to in section A or B of Part I or II of criterion 1.2
		(i)	undergraduate university degree attesting to 1 year of full-time studies
		(j)	undergraduate university degree attesting to 2 years of full-time studies
		(k)	undergraduate university degree attesting to 3 years or more of full-time studies
		(l)	master’s degree attesting to 1 year or more of full-time studies
		(m)	doctorate
		The diploma attesting to training must have been obtained before the date of filing of the application for a selection certificate.
		The Québec secondary school vocational diploma and the Québec postsecondary school technical diploma must attest to at least 900 hours.
		1.2	Areas of training
		Québec diploma or diploma issued abroad listed in one of the following sections in the List of areas of training:
		Section A of Part I Section B of Part I Section C of Part I Section D of Part I Section E of Part I Section F of Part I Section G of Part I Section A of Part II Section B of Part II Section C of Part II Section D of Part II Section E of Part II Section F of Part II Section G of Part II
		The diploma attesting to training must have been obtained before the date of filing of the application for a selection certificate.
		If there is more than 1 diploma, the most advantageous diploma for the foreign national is retained.
		The Québec secondary school vocational diploma and the Québec postsecondary school technical diploma must attest to at least 900 hours.
2.	Experience	2.1	Professional experience of a skilled worker
		less than 6 months 6 to 11 months 12 to 23 months 24 to 35 months 36 to 47 months 48 months or more
		The experience must have been acquired in the 5 years preceding the date of filing of the application for a selection certificate and be based on the period of employment in a profession in a skill level higher than D, within the meaning of the National Occupational Classification, including training periods, remunerated or not, during an apprenticeship, training or specialization process attested to by a diploma.
		The experience in Québec must not have been acquired in an inadmissible sector referred to in section 1 or 2 of Schedule E.
		2.2	Professional experience of a self-employed worker
		6 months 1 year 1 1/2 years 2 years 2 1/2 years 3 years 3 1/2 years 4 years 4 1/2 years 5 years or more
		The experience of a self-employed person is based on the period of practice on the person’s behalf of the profession the person intends to practise in Québec.
		2.3	Experience in management of the investor
		6 months 1 year 1 1/2 years 2 years 2 1/2 years 3 years 3 1/2 years 4 years 4 1/2 years 5 years 5 1/2 years 6 years 6 1/2 years 7 years 7 1/2 years or more
3.	Age	18 years of age 19 years of age 20 years of age 21 years of age 22 years of age 23 years of age 24 years of age 25 years of age 26 years of age 27 years of age 28 years of age 29 years of age 30 years of age 31 years of age 32 years of age 33 years of age 34 years of age 35 years of age 36 years of age 37 years of age 38 years of age 39 years of age 40 years of age 41 years of age 42 years of age 43 years of age 44 years of age 45 years of age 46 years of age 47 years of age 48 years of age 49 years of age 50 years of age
4.	Language proficiency	4.1	French
		According to the Échelle québécoise des niveaux de compétence en français:
		(a)	oral
			– oral comprehension: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12 – oral expression: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12
		(b)	written
		– written comprehension: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12 – written expression: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12
		4.2	English
		According to the Canadian Language Benchmarks or its equivalent:
		(a)	oral
		– oral comprehension: beginner levels 1 to 4 intermediate levels 5 to 8 advanced levels 9 to 12 – oral expression: beginner levels 1 to 4 intermediate levels 5 to 8 advanced levels 9 to 12
		(b)	written
		– written comprehension: beginner levels 1 to 4 intermediate levels 5 to 8 advanced levels 9 to 12 – written expression: beginner levels 1 to 4 intermediate levels 5 to 8 advanced levels 9 to 12
5.	Stay and family in Québec	5.1	Stay in Québec
		(a)	to study for 1 regular full-time semester if study is the main activity
		(b)	to study for at least 2 regular full-time semesters if study is the main activity
		(c)	for studies leading to a vocational training diploma (DEP) or an attestation of college studies (AEC) attesting to a total of 900 to less than 1,800 hours, combined with full-time work experience in Québec, related to the field of training, for a period of at least 6 months following the program of studies
		(d)	for studies leading to a vocational training diploma (DEP) or an attestation of college studies (AEC) attesting to 1,800 hours or more, a diploma of college studies (DEC) preuniversity or technical or an undergraduate, graduate or master’s diploma
		(e)	to work, with a work permit of at least 1 year and full-time work experience of 6 months
		(f)	to work for at least 3 months if work is the main activity
		(g)	to work for at least 6 months if work is the main activity
		(h)	in the context of a youth exchange program to which an international agreement entered into by Québec or Canada, if work is the main activity for at least 3 months
		(i)	in the context of a youth exchange program to which an international agreement entered into by Québec or Canada, if work is the main activity for at least 6 months
		(j)	for business for at least 1 week
		(k)	other stay for at least 2 weeks
		(l)	other stay for at least 3 months
		The stay, other than the stay referred to in paragraph j, must have been completed by the foreign national or the foreign national’s accompanying spouse or de facto spouse in the 10 years preceding the date of filing of the selection application.
		The stay referred to in paragraph j must have been completed by the foreign national in the 2 years preceding the date of filing of the selection application.
		5.2	Family in Québec
		Relationship with a Québec resident who is, in relation to the foreign national or the foreign national’s accompanying spouse or de facto spouse,
		(a)	spouse or de facto spouse
		(b)	son or daughter, father or mother, brother or sister
		(c)	grandfather or grandmother
		(d)	uncle or aunt, nepehw or niece
6.	Characteristics of the accompagnying spouse or de facto spouse	6.1	Education level
		(a)	secondary school general diploma
		(b)	secondary school vocational diploma attesting to at least 1 year of full-time studies
		(c)	postsecondary school general diploma attesting to 2 years of full-time studies
		(d)	postsecondary technical diploma attesting to 1 year of full-time studies
		(e)	postsecondary technical diploma attesting to 2 years of full-time studies
		(f)	postsecondary technical diploma attesting to 3 years of full-time studies
		(g)	undergraduate university degree attesting to 1 year of full-time studies
		(h)	undergraduate university degree attesting to 2 years of full-time studies
		(i)	undergraduate university degree attesting to 3 years of full-time studies
		(j)	master’s degree attesting to 1 year or more of full-time studies
		(k)	doctorate
		The diploma attesting to training must have been obtained before the date of filing of the selection application.
		The Québec secondary school vocational diploma and the Québec postsecondary school technical diploma must attest to at least 900 hours.
		6.2	Areas of training
		Québec diploma or diploma issued abroad listed in the following sections in the List of areas of training:
		Section A of Part I Section B of Part I Section C of Part I Section D of Part I Section E of Part I Section F of Part I Section G of Part I Section A of Part II Section B of Part II Section C of Part II Section D of Part II Section E of Part II Section F of Part II Section G of Part II
		The diploma attesting to training must have been obtained before the date of filing of the selection application.
		If there is more than 1 diploma, the most advantageous diploma for the foreign national is retained.
		The Québec secondary school vocational diploma and the Québec postsecondary school technical diploma must attest to at least 900 hours.
		6.3	Professional experience
		6 to 11 months 12 months or more
		The professional experience must have been acquired in the 5 years preceding the date of filing of the selection application and be based on the period of employment in a profession in a skill level higher than D, within the meaning of the National Occupational Classification, including training periods, remunerated or not, during an apprenticeship, training or specialization process attested to by a diploma.
		6.4	Age
		18 years of age 19 years of age 20 years of age 21 years of age 22 years of age 23 years of age 24 years of age 25 years of age 26 years of age 27 years of age 28 years of age 29 years of age 30 years of age 31 years of age 32 years of age 33 years of age 34 years of age 35 years of age 36 years of age 37 years of age 38 years of age 39 years of age 40 years of age 41 years of age 42 years of age 43 years of age 44 years of age 45 years of age 46 years of age 47 years of age 48 years of age 49 years of age 50 years of age
		6.5	Language proficiency
		According to the Échelle québécoise des niveaux de compétence en français:
		(a)	oral French
		– oral comprehension: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12 – oral expression: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12
		(b)	written French
		– written comprehension: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12 – written expression: beginner levels 1 and 2 levels 3 and 4 intermediate levels 5 and 6 levels 7 and 8 advanced levels 9 and 10 levels 11 and 12
7.	Validated employment offer	7.1	Validated employment offer in the metropolitan area of Montréal
		7.2	Validated employment offer outside the metropolitan area of Montréal in one of the following administrative regions:
		(a)	Abitibi-Témiscamingue
		(b)	Bas-Saint-Laurent
		(c)	Capitale-Nationale
		(d)	Centre-du-Québec
		(e)	Chaudière-Appalaches
		(f)	Côte-Nord
		(g)	Estrie
		(h)	Gaspésie–Îles-de-la-Madeleine
		(i)	Lanaudière
		(j)	Laurentides
		(k)	Mauricie
		(l)	Montérégie
		(m)	Nord-du-Québec
		(n)	Outaouais
		(o)	Saguenay–Lac-Saint-Jean
8.	Children	8.1	12 years of age or younger
		8.2	13 to 21 years of age
		A child means a dependent child of the foreign national or the foreign national’s accompanying spouse or de facto spouse and an accompanying dependent child who is a Canadian citizen.
9.	Financial self-sufficiency	Making of a contract in which the foreign national undertakes to provide for basic needs, those of the accompanying family members and those of a dependent child who is a Canadian citizen for a period of 3 months.
		The foreign national must also declare in the contract that the foreign national will have, for that period, financial resources at least equal to those in the scales in Schedule C to provide basic needs; in the case of a foreign national whose application for permanent residence is processed in Canada, the foreign national must prove that his or her gross income will allow the foreign national to provide basic needs.
		That requirement begins on the date of the foreign national’s arrival in Canada or, in the case of a foreign national whose application for permanent residence is processed in Canada, as of the date of the selection decision.
10.	Business project	10.1	Service offer assessment (component 1)
		The service offer of the enterprise accelerator, enterprise incubator or university entrepreneurship centre is assessed according, in particular, to the
		– nature of the business project, the field of activity concerned and needs related to its implementation – region of operation of the enterprise – proposed support plan – operating plan – expertise of the enterprise accelerator, enterprise incubator or university entrepreneurship centre
		10.2	Business project assessment (components 1 and 2)
		The business project assessment is carried out, with the necessary modifications, from
		– the description of the project and of the enterprise – the market analysis – the marketing plan – the operating plan – the financing plan – the business profile – the project management approach and risk analysis – the economic and social benefits of the business project – the enterprise and support from the environment – the implementation stages of the business project
11.	Amount of deposit	11.1	Deposit for start-up
		11.1.1 Practice of a trade or profession in the metropolitan area of Montréal or an enterprise situated outside the metropolitan area of Montréal
		(a) $15,000 (b) $20,000 (c) $25,000 (d) $40,000 (e) $50,000 (f) $100,000 (g) $200,000 (h) $300,000 (i) $400,000 or more
		11.1.2 Practice of a trade or profession outside the metropolitan area of Montréal or enterprise situated outside the metropolitan area of Montréal
		(a) $15,000 (b) $20,000 (c) $25,000 (d) $40,000 (e) $50,000 (f) $100,000 (g) $200,000 (h) $300,000 (i) $400,000 or more
12.	Investment agreement	Compliant with the Regulation.
13.	Financial Resources	Net asset obtained with, if applicable, the spouse or de facto spouse accompanying the foreign national, whose legal origin is demonstrated and does not include donations that the foreign national or the spouse or de facto spouse accompanying the foreign national received in the 6 months preceding the date of filing of the application for selection of at least
		$50,000  $75,000  $100,000  $125,000  $150,000  $175,000  $200,000  $250,000  $300,000  $350,000  $400,000  $450,000  $500,000  $600,000  $700,000  $800,000  $900,000  $1,000,000

O.C. 963-2018, Sch. A; O.C. 1030-2019, s. 16; O.C. 282-2021, s. 5; O.C. 1570-2023, s. 60.

SCHEDULE B

(ss.12, 77, 89, 112)

MINIMUM INCOME REQUIRED TO PROVIDE FOR A PERSON’S BASIC NEEDS AND THOSE OF THE FAMILY MEMBERS

The gross annual income scale is established as follows:

Number of family members	Gross annual income
0	$28,242
1	$38,124
2	$47,068
3	$54,135
4	$60,250

The gross annual income is increased by $6,115 for each additional family member.

O.C. 963-2018, Sch. B.

SCHEDULE C

(ss. 12, 68, 90, 95, 112)

FOREIGN NATIONAL’S BASIC NEEDS

The scale of basic needs for 1 year is established as follows:

Number of persons 18 years of age or older	Number of persons under 18 years of age	Amount for basic needs for 1 year
0	1	$7,541
	2	$11,312

Basic needs are increased by $3,771 for each additional person under 18 years of age.

Number of persons 18 years of age or older	Number of persons under 18 years of age	Amount for basic needs for 1 year
1	0	$15,078
	1	$20,265
	2	$22,874

Basic needs are increased by $2,609 for each additional person under 18 years of age.

Number of persons 18 years of age or older	Number of persons under 18 years of age	Amount for basic needs for 1 year
2	0	$22,115
	1	$24,773
	2	$26,737

Basic needs are increased by $1,965 for each additional person under 18 years of age and by $7,031 for each additional person 18 years of age or older.

O.C. 963-2018, Sch. C.

SCHEDULE D

(ss. 12, 68, 77, 89, 112)

MINIMUM AMOUNT REQUIRED TO PROVIDE FOR A FOREIGN NATIONAL’S BASIC NEEDS

The scale of the minimum amount required to provide for a foreign national’s basic needs is established as follows:

Number of persons 18 years of age or older	Number of persons under 18 years of age	Gross annual amount required from sponsor
0	1	$9,776
	2	$15,493

The gross annual amount required is increased by $5,166 for each additional person under 18 years of age.

Number of persons 18 years of age or older	Number of persons under 18 years of age	Gross annual amount required from sponsor
1	0	$20,657
	1	$27,755
	2	$31,341

The gross annual amount required is increased by $3,582 for each additional person under 18 years of age.

Number of persons 18 years of age or older	Number of persons under 18 years of age	Gross annual amount required from sponsor
2	0	$30,294
	1	$33,935
	2	$36,634

The gross annual amount required is increased by $2,689 for each additional person under 18 years of age and by $9,630 for each additional person 18 years of age or older.

O.C. 963-2018, Sch. D.

SCHEDULE E

(ss. 4, 31, 32.2, 35, 37, 47, 48, 49, 52, 100 and 118.14)

INADMISSIBLE SECTORS

(1) Loans on salaries, cheque cashing or pawn broking;

(2) Production, distribution or sale of pornographic or sexually explicit products or services related to the sex industry such as nude or erotic dancing, escort services or erotic massages;

(3) Real estate commerce, leasing, brokerage or development.

An employment is in an inadmissible sector when the employer operates an enterprise in that sector, whether or not the employment contributes to it. Similarly, is in an inadmissible sector a work experience, training period or the practice of a profession in an enterprise in that sector, whether or not that work, training period or the practice of that profession contribute to it.

O.C. 963-2018, Sch. E; O.C. 1570-2023, s. 59.

TRANSITIONAL

2023

(O.C. 1570-2023) SECTION 60. Until 29 November 2024, the Québec Immigration Regulation (chapter I-0.2.1, r. 3) is to be read as follows:

(1) in section 58 as replaced by section 29 of this Regulation,

(a) by replacing “skilled worker selection program” in paragraph 1 by “regular skilled worker program”;

(b) by replacing paragraph 2 by the following:

“(2) has filed an application under the regular skilled worker program and obtained every cutoff score provided for in the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4) in the awarding of the points in respect of the factors and criteria in the Selection Grid for the Economic Class in Schedule A.”;

(c) by striking out paragraph 3;

(2) by adding the following at the end of section 118:

"The requirement to obtain every cutoff score provided for in the Regulation respecting the weighting applicable to the selection of foreign nationals (chapter I-0.2.1, r. 4) in the awarding of the points in respect of the factors and criteria in the Selection Grid for the Economic Class in Schedule A, provided for in paragraph 2 of section 58, does not apply to a foreign national referred to in the first paragraph.";

(3) in Schedule A,

(a) by adding “attesting to at least 1 year of full-time studies” at the end of paragraph b of criteria 1.1 and 6.1;

(b) by adding the following at the end of criteria 1.1, 1.2, 6.1 and 6.2:

"The Québec secondary school vocational diploma and the Québec postsecondary school technical diploma must attest to at least 900 hours.";

(c) by adding the following at the end of criteria 2.1:

"The experience in Québec must not have been acquired in an inadmissible sector referred to in section 1 or 2 of Schedule E.";

(d) by striking out “des personnes immigrantes adultes or its equivalent” in the portion before paragraph a of criteria 4.1 and 6.5.

2021

(O.C. 282-2021) SECTION 6. The amendments provided for in sections 1 to 5 of this Regulation apply to an application for selection for permanent immigration filed under the entrepreneur program before 1 November 2020 for which no decision had been rendered on that date.

SECTION 7. In the case of a foreign national who has been selected under section 51 of the Québec Immigration Regulation before 1 November 2020, the financial institution gives to the entrepreneur access to the amount withheld under paragraph 4 of section 53 of the Regulation, as it read before that date.

2019

(O.C. 576-2019) SECTION 2. The period of validity of an expression of interest provided for in section 27 of the Québec Immigration Regulation (chapter I-0.2.1, r. 3) is extended by 6 months for every expression of interest filed by the Minister in the expressions-of-interest bank before 26 June 2019.

REFERENCES

O.C. 963-2018, 2018 G.O. 2, 3200

S.Q. 2018, c. 23, s. 811

O.C. 576-2019, 2019 G.O. 2, 1039

O.C. 1030-2019, 2019 G.O. 2, 2723

O.C. 1138-2019, 2019 G.O. 2, 2769A

S.Q. 2020, c. 5, s. 214

O.C. 494-2020, 2020 G.O. 2, 976A

O.C. 772-2020, 2020 G.O. 2, 1996

O.C. 1293-2020, 2020 G.O. 2, 3240

O.C. 282-2021, 2021 G.O. 2, 1173

O.C. 1231-2022, 2022 G.O. 2, 2472

O.C. 1570-2023, 2023 G.O. 2, 2739