i-0.2.1, r. 8 - Permanent immigration pilot program for workers in the artificial intelligence, information technologies and visual effects sectors

À jour au 23 novembre 2023

Ce document a valeur officielle.

chapter I-0.2.1, r. 8

Permanent immigration pilot program for workers in the artificial intelligence, information technologies and visual effects sectors

Québec Immigration Act

(chapter I-0.2.1, s. 32).

DIVISION I GENERAL

M.O. 2021-002, Div. I.

1. A Permanent immigration pilot program for workers in the artificial intelligence, information technologies and visual effects sectors is implemented.

M.O. 2021-002, s. 1.

2. The program has 2 components: “Artificial intelligence” and “Information technologies and visual effects”.

The Artificial intelligence component has 2 subcomponents: “Foreign worker” and “Québec graduate”.

M.O. 2021-002, s. 2.

3. Each component of the program has 2 profiles: “French-speaking” and “Francization”.

M.O. 2021-002, s. 3.

4. The maximum number of foreign nationals who may be selected under the program is 550 per year.

M.O. 2021-002, s. 4; M.O. 2023-002, s. 13.

DIVISION II SELECTION

M.O. 2021-002, Div. II.

§ 1 . — General

M.O. 2021-002, Sd. 1.

5. The Minister selects, under the program, a foreign national who meets the general selection conditions of the program and those of either of the subcomponents of the Artificial intelligence component or those of the Information technologies and visual effects component.

M.O. 2021-002, s. 5.

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

(1)  (paragraph revoked);

(2)  if the application is filed under the French-speaking profile, have a level 7 oral knowledge of French 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 to the Québec Immigration Regulation (chapter I-0.2.1, r. 3).

M.O. 2021-002, s. 6; M.O. 2023-002, s. 14.

§ 2 . — Artificial intelligence component

M.O. 2021-002, Sd. 2.

§§ I.  — Foreign worker subcomponent

M.O. 2021-002, Sd. I.

7. The selection conditions of the Foreign worker subcomponent are the following:

(1)  where applicable, have stayed 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;

(2)  hold a diploma corresponding minimally to a Québec university diploma attesting to a bachelor’s degree;

(3)  have held full-time employment in TEER Category 0, 1 or 2 within the meaning of the National Occupational Classification, in a sector other than an inadmissible sector referred to in section 1 or 2 of Schedule E to the Québec Immigration Regulation (chapter I-0.2.1, r. 3), for a period of at least 24 months in the 60 months preceding the date of filing of the application;

(4)  hold or have accepted full-time employment in Québec, in the artificial intelligence sector except an inadmissible sector referred to in section 1 or 2 of Schedule E to the Québec Immigration Regulation, that is not employment with an enterprise on which the foreign national exercises control, for which

(a)  the expertise profile meets the requirements;

(b)  the annual gross salary is at least $75,000 if the employer is established outside the territory of the Communauté métropolitaine de Montréal or at least $100,000 if it is established within the territory of the Communauté métropolitaine de Montréal.

The condition provided for in subparagraph 3 of the first paragraph does not apply where the diploma referred to in subparagraph 2 of the first paragraph corresponds to a Québec university diploma attesting to a master’s degree or a doctorate that has been obtained within 12 months preceding the date of filing of the application.

M.O. 2021-002, s. 7; M.O. 2023-002, s. 15.

7.1. For the purposes of subparagraph 3 of the first paragraph of section 7, an employment held in Québec must not be employment with an enterprise on which the foreign national exercises control.

M.O. 2023-002, s. 16.

8. The holder of a work permit issued under section 205 of the Immigration and Refugee Protection Regulations (SOR/2002-227) as accompanying spouse may apply and be selected by the Minister if the holder meets the conditions provided for in section 6 and in section 7, except subparagraph 1 of the first paragraph of that section.

M.O. 2021-002, s. 8.

§§ II.  — Québec graduate subcomponent

M.O. 2021-002, Sd. II.

9. The selection conditions of the Québec graduate subcomponent are the following:

(1)  have stayed in Québec with the main purpose of studying, for at least half the duration of the program of studies;

(2)  not hold a scholarship imposing a condition to return to their country at the end of the program of studies or have complied with that condition;

(3)  hold a university diploma issued by an educational institution in Québec attesting to a post-graduate diploma, a master’s degree or a doctorate and obtained in the 24 months preceding the date of filing of the application;

(4)  if the diploma referred to in paragraph 3 is a post-graduate diploma, have held full-time employment in Québec in TEER Category 0, 1 or 2 within the meaning of the National Occupational Classification, in a sector other than an inadmissible sector referred to in section 1 or 2 of Schedule E to the Québec Immigration Regulation (chapter I-0.2.1, r. 3), and that is not with an enterprise on which the foreign national exercises control for a period of at least 6 months in the 12 months following the date of the end of the program of studies;

(5)  hold or have accepted full-time employment in Québec that is not with an enterprise on which the foreign national exercises control in the artificial intelligence sector, except an inadmissible sector referred to in section 1 or 2 of Schedule E to the Québec Immigration Regulation, and for which the expertise profile meets the requirements.

M.O. 2021-002, s. 9; M.O. 2023-002, s. 17.

§ 3 . — Information technologies and visual effects component

M.O. 2021-002, Sd. 3.

10. The selection conditions of the Information technologies and visual effects component are the following:

(1)  where applicable, have stayed 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;

(2)  hold a diploma corresponding minimally to a Québec diploma of college studies in a technical program or to a Québec university diploma attesting to a bachelor’s degree;

(3)  have held full-time eligible employment in a sector other than an inadmissible sector referred to in section 1 or 2 of Schedule E to the Québec Immigration Regulation (chapter I-0.2.1, r. 3), for a period of at least 24 months in the 60 months preceding the date of filing of the application;

(4)  hold or have accepted full-time eligible employment in Québec, in a sector other than an inadmissible sector referred to in section 1 or 2 of Schedule E to the Québec Immigration Regulation and that is not with an enterprise on which the foreign national exercises control, whose hourly wage is greater than the ninth decile of the average hourly wage of the last 3 years available for that employment, as estimated by the Minister of Employment and Social Solidarity.

M.O. 2021-002, s. 10; M.O. 2023-002, s. 18.

10.1. For the purposes of paragraph 3 of section 10, eligible employment held in Québec must not be employment with an enterprise on which the foreign national exercises control.

M.O. 2023-002, s. 19.

11. The holder of a work permit issued under section 205 of the Immigration and Refugee Protection Regulations (SOR/2002-227) as accompanying spouse may apply and be selected by the Minister if the holder meets the conditions provided for in section 6 and in paragraphs 2 to 4 in section 10.

M.O. 2021-002, s. 11.

12. For the purposes of this component, eligible employment means any of the following professions, according to the National Occupational Classification, with the conditions that, as the case may be, are associated to it:

(1)  database analysts and data administrators (code 21223);

(1.1)  web designers (code 21233);

(2)  graphic designers and illustrators (code 52120), but only if it is carried out in the visual effects sector;

(2.1)  software developers and programmers (code 21232);

(2.2)  computer systems developers and programmers (code 21230);

(2.3)  web developers and programmers (code 21234);

(3)  computer and information systems managers (code 20012);

(4)  software engineers and designers (code 21231);

(5)  electrical and electronics engineers (code 21310);

(6)  producers, directors, choreographers and related occupations (code 51120), but only if it is carried out in the visual effects sector;

(6.1)  university professors and lecturers (code 41200) but only if it is carried out in the Information technologies or visual effects sectors;

(7)  data scientists (code 21211);

(7.1)  cybersecurity specialists (code 21220);

(7.2)  information systems specialists (code 21222);

(7.3)  business systems specialists (code 21221);

(8)  audio and video recording technicians (code 52113), but only if it is carried out in the visual effects sector;

(8.1)  graphic arts technicians (code 52111), but only if it is carried out in the visual effects sector;

(9)  computer network and web technicians (code 22220);

(10)  electronics and electrical engineering technologists and technicians (code 22310).

M.O. 2021-002, s. 12; M.O. 2023-002, s. 20.

DIVISION III REQUIRED FEES

M.O. 2021-002, Div. III.

13. The fees to be paid for the examination of an application for selection filed by a foreign national under the program are those provided for in paragraph 3 of section 74 of the Québec Immigration Act (chapter I-0.2.1).

The fees to be paid for each family member accompanying a foreign national referred to in the first paragraph are those provided for in section 75 of the Act.

M.O. 2021-002, s. 13.

DIVISION IV FINAL

M.O. 2021-002, Div. IV.

14. This program is revoked on 1 January 2026.

M.O. 2021-002, s. 14.

REFERENCES

M.O. 2021-002, 2021 G.O. 2, 769

M.O. 2023-002, 2023 G.O. 2, 2763