EXTRA Vol. 148, No. 10

Canada Gazette

Part Ⅰ

OTTAWA, MONDAY, DECEMBER 1, 2014

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

New Ministerial Instructions

Notice is hereby given, under subsection 87.3(6) of the Immigration and Refugee Protection Act (IRPA), that the Minister of Citizenship and Immigration has established the following Ministerial Instructions that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.

Instructions for managing certain permanent resident applications in the Economic Class
Federal Skilled Worker Class, Federal Skilled Trades Class, and Canadian Experience Class

These Instructions repeal, as of January 1, 2015, the Ministerial Instructions issued pursuant to section 87.3 of the IRPA and published in the Canada Gazette on April 26, 2014, for the management of applications in the Federal Skilled Worker Class, Federal Skilled Trades Class, and Canadian Experience Class. For greater clarity, the repeal does not affect the processing of applications received prior to January 1, 2015, and considered under previous Ministerial Instructions issued pursuant to section 87.3, including the Instructions published in the Canada Gazette on April 26, 2014.

Federal Immigrant Investor Class

The pause on the receipt of new applications in this class is renewed and will remain in place until further notice.

Federal Entrepreneur Class

The pause on the receipt of new applications in this class is renewed and will remain in place until further notice.

Additional notes on scope and application

All applications received by designated CIC offices prior to January 1, 2015, shall continue to be considered for processing according to the Ministerial Instructions in place at the time of their receipt.

Any categories for which Instructions are not specifically issued shall continue to be processed in the usual manner, as per processing priorities established by the Department.

No Humanitarian and Compassionate requests to overcome requirements of Ministerial Instructions

Requests made on the basis of Humanitarian and Compassionate grounds from outside Canada that accompany any permanent resident application affected by Ministerial Instructions but not identified for processing under the Instructions will not be processed.

Retention/disposition

Applicants whose applications do not meet the criteria described above shall be informed that their application does not qualify for processing and shall have their application and processing fee returned.

DEPARTMENT OF CITIZENSHIP AND IMMIGRATION

IMMIGRATION AND REFUGEE PROTECTION ACT

Ministerial Instructions Respecting the Express Entry System

The Minister of Citizenship and Immigration, pursuant to section 10.3 (see footnote a) of the Immigration and Refugee Protection Act (see footnote b), gives the annexed Ministerial Instructions Respecting the Express Entry System.

Ottawa, November 28, 2014

CHRIS ALEXANDER
Minister of Citizenship and Immigration

MINISTERIAL INSTRUCTIONS RESPECTING THE EXPRESS ENTRY SYSTEM

Definitions

1. The following definitions apply in these Instructions.

“accompanying spouse or common-law partner”
« époux ou conjoint de fait accompagnant l’étranger »

“accompanying spouse or common-law partner”, in respect of a foreign national, means the foreign national’s spouse or common-law partner who is accompanying him or her to Canada and who is not a Canadian Citizen or a permanent resident.

“Act”
« Loi »

“Act” means the Immigration and Refugee Protection Act.

“Canadian citizen”
« citoyen canadien »

“Canadian citizen” has the same meaning as in section 2 of the Regulations.

“Canadian educational credential”
« diplôme candien »

“Canadian educational credential” has the same meaning as in subsection 73(1) of the Regulations.

Canadian Language Benchmarks”
« Canadian Language Benchmarks »

Canadian Language Benchmarks” has the same meaning as in section 2 of the Regulations.

“common-law partner”
« conjoint de fait »

“common-law partner” has the same meaning as in subsection 1(1) of the Regulations.

“invitation”
« invitation »

“invitation” means an invitation to make an application for permanent residence that is issued by the Minister under subsection 10.1(1) of the Act.

“language skill area”
« habileté langagière »

“language skill area” has the same meaning as in subsection 73(1) of the Regulations.

National Occupational Classification
« Classification nationale des professions »

National Occupational Classification” has the same meaning as in section 2 of the Regulations.

“official language”
« langue officielle »

“official language” means an official language of Canada.

Niveaux de compétence linguistique canadiens
« Niveaux de compétence linguistique canadiens »

Niveaux de compétence linguistique canadiens” has the same meaning as in section 2 of the Regulations.

“qualifying offer of arranged employment”
« offre d’emploi réservé admissible »

“qualifying offer of arranged employment” means

“Regulations”
« Règlement »

“Regulations” means the Immigration and Refugee Protection Regulations.

Classes of foreign nationals

2. Subsection 10.1(1) of the Act applies in respect of

Electronic System

3. (1) The electronic system that is to be used by a foreign national for the purpose of subsection 10.1(3) of the Act and by the Minister for the purpose of subsection 10.2(3) of the Act is the Express Entry System that is made available by the Department of Citizenship and Immigration for those purposes.

Features of the electronic system

(2) The electronic system referred to in subsection (1) is to be used to

Expression of interest — submission by other means

4. If a foreign national is unable to submit an expression of interest by means of the electronic system referred to in subsection 3(1) because of a physical or mental disability, it may be submitted by another means made available by the Department of Citizenship and Immigration for that purpose that would enable the foreign national to submit the expression of interest, including a paper form.

Eligibility criteria

5. (1) In order to be eligible to be issued an invitation, a foreign national must

Day and time of receipt

(2) An expression of interest is considered to be received on the day and at the time recorded in the Express Entry System.

Exception

(3) Paragraph (1)(c) does not apply in respect of a foreign national who is unable to register by means of an electronic system with the Job Bank referred to in that paragraph because of a physical or mental disability.

Effect of declining invitation

(4) A foreign national who declines an invitation within the period referred to in subsection 32(1) is eligible to be issued another invitation during the remainder of the period referred to in section 6, if they continue to meet the requirements of subsection 5(1).

Express entry pool

6. A foreign national who meets the requirements of subsection 5(1) is to be included in the express entry pool of candidates for a period of one year less the time it takes the foreign national to meet the requirements of paragraph 5(1)(c).

Disclosure to Department of Employment and Social Development

7. (1) The Minister may, for the purpose of section 10.4 of the Act and in order to facilitate the registration of foreign nationals with the Job Bank referred to in paragraph 5(1)(c) and the confirmation of such registrations, confirm to the Department of Employment and Social Development that a specific combination of an express entry profile number and a Job Seeker validation code corresponds to a valid expression of interest that was submitted by a foreign national.

Disclosure to province

(2) The Minister may, for the purpose of section 10.4 of the Act, disclose to officials responsible for the administration of the provincial nominee program of a province referred to in paragraph 2(d) the following personal information in respect of a foreign national who has been included in the express entry pool of candidates:

Definitions

(3) The following definitions apply in this section.

“family member”
« membre de la famille »

“family member” has the same meaning as in subsection 1(3) of the Regulations.

“minimum necessary income”
« revenue vital minimum »

“minimum necessary income” means the amount identified, in the most recent edition of the publication concerning low-income cut-offs that is published annually by Statistics Canada under the Statistics Act, for urban areas of residence of 500,000 persons or more as the minimum amount of before-tax annual income necessary to support a group of persons consisting of a foreign national and their family members.

Comprehensive Ranking System components

8. (1) The determination as to whether a foreign national who is included in the express entry pool of candidates occupies the rank required in order to be issued an invitation under paragraph 10.2(1)(b) of the Act is to be made using the total number of points assigned to the foreign national based on the information provided in their expression of interest and using the Comprehensive Ranking System that consists of the following components:

Total number of points

(2) The total number of points that may be assigned under the Comprehensive Ranking System is 1200 points, allocated as follows:

Core human capital factors

9. The core human capital factors referred to in paragraph 8(1)(a) are the following:

Age

10. (1) The points that are to be assigned for the age factor referred to in paragraph 9(a) are the following:

(2) The maximum number of points that may be assigned under

Level of education

11. (1) The points that are to be assigned for the level of education factor referred to paragraph 9(b) are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1),

Maximum points

(4) The maximum number of points that may be assigned under

Period of assessment’s validity

(5) For the purposes of paragraph 11(3)(b), the assessment referred to in that paragraph is considered to be valid for a period of five years from the day on which it is issued.

Official language proficiency

12. (1) The points that are to be assigned for the official language proficiency factor referred to in paragraph 9(c) consist of points for the proficiency of a foreign national in their first official language and points for their proficiency in their second official language.

First and second official languages

(2) In order to be assigned points under subsection (1) for their official language proficiency, the foreign national

Assessment’s validity period

(3) For the purposes of paragraph 12(2)(b), the assessment referred to in that paragraph is considered to be valid for a period of two years from the day on which it is issued.

Basis for assigning points

(4) The points that are assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points that are assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

Proficiency — first official language

13. (1) The points that are to be assigned for proficiency in each of the language skill areas in the first official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under

Maximum points for first official language

(3) The maximum number of points that may be assigned for all language skill areas, taken together, in the first official language of the foreign national under

Proficiency — second official language

14. (1) The points that are to be assigned for proficiency in each of the language skill areas in the second official language of a foreign national, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Maximum points for each language skill area

(2) The maximum number of points that may be assigned for each of the language skill areas under paragraph (1)(a) or (b) is 6 points.

Maximum points for second official language

(3) The maximum number of points that may be assigned for all of the language skill areas, taken together, in the second official language of the foreign national under

Canadian work experience

15. (1) The points that are to be assigned for the Canadian work experience factor referred to in paragraph 9(d) are the following:

Maximum points

(2) The maximum number of points that may be assigned under

Canadian work experience

(3) For the purposes of this section, Canadian work experience is work experience that

Requirements

(4) In order to be assigned points under subsection (1) for their Canadian work experience, a foreign national

Full-time employment

(5) For the purposes of this section, full-time employment consists of employment of at least 30 hours per week.

Work in excess

(6) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(7) For the purposes of this section,

Accompanying spouse or common-law partner factors

16. The accompanying spouse or common-law partner factors referred to in paragraph 8(1)(b) are the following:

Level of education factor

17. (1) The points that are to be assigned to a foreign national for the level of education factor referred to in paragraph 16(a) are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of education obtained by the accompanying spouse or common-law partner.

Educational credentials

(3) In order for a foreign national to be assigned points under subsection (1) for the educational credentials of their accompanying spouse or common-law partner,

Period of assessment’s validity

(4) The assessment referred to in paragraph (3)(b) is considered to be valid for a period of five years from the day on which it is issued

Maximum points

(5) The maximum number of points that may be assigned under subsection (1) is 10 points.

Official language proficiency factor

18. (1) The points that are assigned to a foreign national for the official language proficiency factor referred to in paragraph 16(b) are to be based on the language proficiency of their accompanying spouse or common-law partner in their first official language.

First official language

(2) In order for points to be assigned to a foreign national for the official language proficiency of their accompanying spouse or common-law partner

Basis for assigning points

(3) The points assigned for proficiency in the English language are to be based on the results assessed according to the benchmarks set out in Canadian Language Benchmarks and the points assigned for proficiency in the French language are to be based on the results assessed according to the benchmarks set out in the Niveaux de compétence linguistique canadiens.

Proficiency — first official language

(4) The points that are to be assigned to a foreign national for the proficiency of their accompanying spouse or common-law partner in each of the language skill areas in the first official language of the accompanying spouse or common-law partner, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Maximum points for each language skill area

(5) The maximum number of points that may be assigned under subsection (4) for each of the language skill areas is 5 points.

Maximum points for all language skill areas

(6) The maximum number of points that may be assigned under subsection (4) for all of the language skill areas, taken together, is 20 points.

Canadian work experience factor

19. (1) The points that are to be assigned to a foreign national for the Canadian work experience factor referred to in paragraph 16(c) are the following:

Maximum points

(2) The maximum number of points that may be assigned under subsection (1) is 10 points.

Full-time employment

(3) The points for the Canadian work experience factor referred to in paragraph 16(c) are to be based on the number of years of full-time employment or the full-time equivalent for part-time employment of the foreign national’s accompanying spouse or common-law partner in Canada by one or more employers.

Canadian Work Experience

(4) For the purpose of this section, Canadian work experience is work experience that

Requirements

(5) In order for the foreign national to be assigned points under subsection (1) for the Canadian work experience of their accompanying spouse or common-law partner,

Full-time employment

(6) For the purposes of this section, full-time employment consists of employment of at least 30 hours per week.

Work in excess

(7) For the purposes of this section, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Work experience — requirements

(8) For the purposes of this section,

Skill transferability factors

20. The skill transferability factors referred to in paragraph 8(1)(c) are the following:

Combination of level of education and official language proficiency

21. (1) The points that are to be assigned for a combination of the level of education of a foreign national and their proficiency in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of post-secondary education obtained.

Clarification — level of education

(3) Subsections 11(3) and (5) apply in respect of the level of education referred to in subsection (1), with any necessary modifications.

Clarification — official language proficiency

(4) Subsections 12(1) to (4) apply in respect of proficiency in a first official language referred to in subsection (1), with any necessary modifications.

Combination of level of education and Canadian work experience

22. (1) The points that are to be assigned for a combination of the level of education of a foreign national and their Canadian work experience are the following:

Highest level of education

(2) Points are to be assigned under subsection (1) for the highest level of post-secondary education obtained.

Points may be combined

(3) The points assigned under subsections 21(1) and 22(1) may be combined for a maximum total of 50 points.

Clarification — Canadian work experience

(4) Subsections 15(3) to (7) apply in respect of Canadian work experience referred to in subsection (1), with any necessary modifications.

Combination of foreign work experience and official language proficiency

23. The points that are to be assigned for a combination of the level of proficiency of the foreign national in their first official language, according to their benchmark level as assessed in that language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, and their foreign work are the following:

Combination of Canadian work experience and foreign work experience

24. (1) The points that are to be assigned for a combination of the Canadian work experience and foreign work experience of a foreign national are the following:

Points may be combined

(2) The points assigned under section 23 and subsection 24(1) may be combined for a maximum total of 50 points.

Elaboration — Canadian work experience

(3) Subsections 15(3) to (7) apply in respect of Canadian work experience that is referred to in subsection (1), with any necessary modifications.

Foreign work experience

25. (1) For the purposes of sections 23 and 24, foreign work experience is work experience that

Requirements

(2) In order to be assigned points under section 23 or 24 for their foreign work experience, a foreign national

Full-time employment

(3) For the purposes of paragraph (1)(b), full-time employment consists of employment of at least 30 hours per week.

Work in excess

(4) For the purposes of sections 23 and 24, a period of work experience that exceeds full-time work in one occupation, or simultaneous periods of work experience in more than one full-time occupation, are to be evaluated as a single period of full-time work experience in a single occupation.

Combination of certificate of qualification and official language proficiency

26. (1) The points that are to be assigned for a foreign national who has a certificate of qualification in a trade occupation issued by a province and is proficient in their first official language are the following:

Requirements

(2) In order for a foreign national to be assigned points under subsection (1), the foreign national

Maximum points

(3) In order for a foreign national to be assigned the maximum number of points under subsection (1), they must be assessed in their first official language under the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens at benchmark level 7 or higher in all language skill areas.

Maximum points for each factor

27. (1) The maximum number of points that may be assigned under subsections 21(1) and 22(1), section 23 and subsections 24(1) and 26(1) for each of the skill transferability factors is 50 points.

Maximum points for certain combinations

(2) The maximum number of points that may be assigned for the skill transferability factors under

Maximum overall points

(3) The maximum number of points that may be assigned for all of the skill transferability factors taken together is 100 points.

Points for provincial nomination

28. (1) Six hundred points may be assigned to a foreign national if they are named in a nomination certificate referred to in subsection 87(2) of the Regulations that is issued by the government of a province referred to in paragraph 2(d) of these Instructions and the nomination has been

Nomination revoked or declined

(2) If the nomination certificate is revoked by the province that issued it, or if the foreign national declines the nomination, they are no longer entitled to the 600 points under subsection (1) in respect of that certificate and their the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Points for offer of arranged employment

29. (1) Six hundred points may be assigned to a foreign national if they have a qualifying offer of arranged employment.

Loss of offer of arranged employment

(2) If the offer referred to in subsection (1) is revoked or ceases to be a qualifying offer of arranged employment, the foreign national is no longer entitled to the 600 points under subsection (1) in respect of that offer and their the total number of points assigned to the foreign national under the Comprehensive Ranking System is to be adjusted accordingly.

Maximum points

30. The maximum number of points that can be assigned under subsections 28(1) and 29(1), taken together, is 600.

Updating information

31. A foreign national who is included in the express entry pool of candidates may at any time up until they are issued an invitation update their information in the Express Entry System and, when such updates are made,

60-day validity period

32. (1) An invitation is valid for 60 days after the day on which it is issued by the Minister.

Remaining period continues to apply

(2) If a foreign national declines the invitation within the 60-day period, the remaining portion of the original one-year period of their inclusion in the express entry pool of candidates continues to apply.

Remaining period no longer applies

(3) If the foreign national does not decline the invitation within the 60-day period and does not make an application for permanent residence in response to the invitation within that period, the expression of interest ceases to be valid regardless of the portion of the one-year period that remains.

Notification by electronic means

33. (1) A foreign national who has been included in the express entry pool of candidates is to be notified electronically by means of the Express Entry System of all matters relating to their expression of interest, including

Day and time of receipt

(2) A notification sent in accordance with subsection (1) is considered to be received on the day and at the time recorded in the Express Entry System.

Mandatory submission of language proficiency results

34. (1) A foreign national who, in order to meet the requirements of paragraph 5(1)(a), is required to provide the results of an assessment of their proficiency in English or French that has been completed by an organization or institution designated under subsection 74(3) of the Regulations, must provide those results at the time that they submit an expression of interest.

Two-year validity period

(2) For the purposes of subsection (1), the assessment referred to in that subsection is considered to be valid for a period two years from the day on which it is issued.

Mandatory submission of educational credential assessment

(3) A foreign national who, in order to meet the requirements of paragraph 5(1)(a), is required to provide the results of an assessment of the equivalency of their educational credentials to Canadian educational credentials that has been completed by an organization or institution designated under subsection 75(4) of the Regulations, must provide those results at the time that they submit an expression of interest .

Five-year validity period

(4) For the purposes of subsection (3), the assessment referred to in that subsection is considered to be valid for a period of five years from the day on which it is issued.

Coming into force

35. These Instructions come into force on January 1, 2015.