EXTRA Vol. 149, No. 1

Canada Gazette

Part Ⅰ

OTTAWA, FRIDAY, FEBRUARY 13, 2015

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, 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.

Overview

Authority for these Ministerial Instructions is derived from section 87.3 of the Immigration and Refugee Protection Act (IRPA). The Instructions are directed to officers and the Minister’s delegates who are charged with handling and/or reviewing applications for permanent residence under the Immigrant Investor Venture Capital Class.

The Instructions come into force on February 13, 2015, and apply to applications received by designated Citizenship and Immigration Canada (CIC) offices on or after February 13, 2015.

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.

These Instructions are intended to support a broader strategy for business immigration reform by stimulating innovation and growth in the Canadian economy through the provision of at-risk capital from investors that can be actively invested in Canadian start-ups with high growth potential. They are also intended to attract immigrant investors who will be well prepared to integrate into the Canadian business landscape and society.

These Instructions are consistent with IRPA objectives as laid out in section 3, specifically to pursue the maximum social, cultural and economic benefits of immigration; to enrich and strengthen the social and cultural fabric of Canadian society; to support the development of a strong and prosperous Canadian economy; and to protect public health and safety and to maintain the security of Canadian society.

The Instructions are compliant with the Canadian Charter of Rights and Freedoms.

The Instructions respect all previously established accords and agreements, including the Canada-Quebec Accord, and all existing agreements with provinces and territories.

Intake of permanent resident applications under the Immigrant Investor Venture Capital Class

CIC will accept permanent resident applications received under the Immigrant Investor Venture Capital Class from February 13, 2015, to April 15, 2015, or until a maximum of 500 applications are received, whichever comes first.

Applications received within the specified time period, or to the cap of 500 applications, will be randomly drawn for an initial completeness check.

To be considered complete for the purposes of the initial completeness check, randomly drawn applications must meet the application kit requirements in place at the time of application receipt, including providing original designated language test results demonstrating that the applicant meets the language threshold for the Immigrant Investor Venture Capital Class as set by the Minister in each of the four language abilities (speaking, oral comprehension, reading, writing) and required evidence of education.

Applications will be randomly drawn and checked for initial completeness against application kit requirements until 60 complete applications have been identified. These applicants will be required to submit additional supporting documentation, including a due diligence report from a designated service provider, within the deadline specified by the designated CIC office to meet the second stage completeness check and be considered eligible for processing.

Applications considered eligible for processing will be processed until up to 60 principal applicants are approved with permanent resident visas issued under this class. Sixty is the maximum number of investments that would be accepted to capitalize the Immigrant Investor Venture Capital Fund.

In all cases, applicants meeting the criteria set out in the Ministerial Instructions are still subject to the Immigrant Investor Venture Capital Class requirements and all other applicable requirements of the IRPA.

The Instructions will remain in place unless otherwise indicated in a future Ministerial Instruction.

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 and disposition

Applications for permanent residence under the Immigrant Investor Venture Capital Class received in excess of the cap of 500 applications or after April 15, 2015 (whichever comes first) will be returned along with processing fees.

Applications received between February 13, 2015, and April 15, 2015, or a maximum of 500 applications (whichever comes first), that are not drawn at random for completeness checks will be returned along with processing fees. CIC will retain a small number of randomly drawn applications over and above the initial 60 complete applications identified as indicated above. These additional applications may be put into processing should they be required to arrive at up to 60 permanent resident visas/approvals under this class. Once up to 60 permanent resident visas/approvals are issued under this class, all remaining applications will be returned.