Regulations Amending the Immigration and Refugee Protection Regulations (National Occupational Classification 2021): SOR/2022-220

Canada Gazette, Part II, Volume 156, Number 23

Registration
SOR/2022-220 October 24, 2022

IMMIGRATION AND REFUGEE PROTECTION ACT

P.C. 2022-1146 October 20, 2022

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, makes the annexed Regulations Amending the Immigration and Refugee Protection Regulations (National Occupational Classification 2021) under subsection 5(1) and section 14^{footnote a} of the Immigration and Refugee Protection Act ^{footnote b}.

Regulations Amending the Immigration and Refugee Protection Regulations (National Occupational Classification 2021)

Amendments

1 (1) The definition National Occupational Classification in section 2 of the Immigration and Refugee Protection Regulations ^{footnote 1} is replaced by the following:

National Occupational Classification

means the National Occupational Classification implemented by the Department of Employment and Social Development, as amended from time to time. (Classification nationale des professions)

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

TEER Category

means a category representing the level of training, formal education and experience required to gain entry into an occupation, and the responsibilities related to the occupation, as set out in the National Occupational Classification. (catégorie FÉER)

2 (1) Paragraph 75(2)(a) of the Regulations is replaced by the following:

• (a) within the 10 years before the date on which their application for a permanent resident visa is made, they have accumulated, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in the occupation that they identified in their application as their primary occupation, other than a restricted occupation, that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

(2) Paragraph 75(4)(b) of the Regulations is replaced by the following:

• (b) if, in the case of a professional body, its equivalency assessments are recognized by at least two provincial professional bodies that regulate an occupation listed in TEER Category 1, 2 or 3 of the National Occupational Classification for which licensing by a provincial regulatory body is required.

3 Paragraph 78(1)(f) of the Regulations is replaced by the following:

• (f) 23 points for a university-level credential at the master’s level or an entry-to-practice professional degree for an occupation listed in TEER Category 1 of the National Occupational Classification for which licensing by a provincial regulatory body is required; and

4 (1) Subsection 80(2) of the Regulations is replaced by the following:

Listed occupation

(2) For the purposes of subsection (1), points are awarded for work experience in occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification.

(2) Subsection 80(5) of the Regulations is replaced by the following:

Classification code

(5) A skilled worker must specify in their application for a permanent resident visa the five-digit code in the National Occupational Classification that corresponds to each of the occupations that is engaged in by the applicant and that constitutes the skilled worker’s work experience.

5 (1) Subsection 82(1) of the Regulations is replaced by the following:

Definition of arranged employment

82 (1) In this section, arranged employment means an offer of employment that is made by a single employer other than an embassy, high commission or consulate in Canada or an employer who is referred to in subparagraphs 200(3)(h)(ii) or (iii), that is for continuous full-time work in Canada having a duration of at least one year after the date on which a permanent resident visa is issued and that is with respect to an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification.

(2) Subparagraph 82(2)(a)(i) of the Regulations is replaced by the following:

• (i) the work permit was issued based on a positive determination made by an officer under subsection 203(1) with respect to the skilled worker’s employment with their current employer in an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification and the assessment by the Department of Employment and Social Development on the basis of which the determination was made is not suspended or revoked,

6 Paragraph 83(1)(c) of the Regulations is replaced by the following:

• (c) for any previous period of full-time work under a work permit or authorized under section 186 of at least one year in Canada by the skilled worker in an occupation that is listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification, 10 points;

7 Paragraph 87.1(2)(a) of the Regulations is replaced by the following:

• (a) they have acquired in Canada, within the three years before the date on which their application for permanent residence is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in one or more occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2 or 3 of the National Occupational Classification;

8 Subsection 87.2(1) of the Regulations is replaced by the following:

Definition of skilled trade occupation

87.2 (1) In this section, skilled trade occupation means an occupation, other than a restricted occupation, in any of the following groups listed in the National Occupational Classification:

• (a) Major Group 72, technical trades and transportation officers and controllers, excluding Sub-major Group 726, transportation officers and controllers;
• (b) Major Group 73, general trades;
• (c) Major Group 82, supervisors in natural resources, agriculture and related production;
• (d) Major Group 83, occupations in natural resources and related production;
• (e) Major Group 92, processing, manufacturing and utilities supervisors and utilities operators and controllers;
• (f) Major Group 93, central control and process operators and aircraft assembly assemblers and inspectors, excluding Sub-major Group 932, aircraft assemblers and aircraft assembly inspectors;
• (g) Minor Group 6320, cooks, butchers and bakers; and
• (h) Unit Group 62200, chefs.

9 (1) Paragraph 87.3(2)(d) of the Regulations is replaced by the following:

• (d) have an offer of employment that meets the requirements set out in subsections (6) and (7);

(2) Paragraph 87.3(3)(a) of the Regulations is replaced by the following:

• (a) they have acquired, within the five years before the date on which their application for a permanent resident visa is made, at least one year of full-time work experience, or the equivalent in part-time work experience, in at least one of the occupations, other than a restricted occupation, that are listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification;

(3) Subparagraph 87.3(6)(a)(i) of the Regulations is replaced by the following:

• (i) indeterminate, in the case of an offer for employment in an occupation that is listed in TEER Category 4 of the National Occupational Classification, or

(4) Subsection 87.3(6) of the Regulations is amended by adding “and” at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:

• (d) it must be for employment in an occupation that
  • (i) is listed in TEER Category 0, 1, 2, 3 or 4 of the National Occupational Classification, in the case of a foreign national who meets the recent graduate requirements,
  • (ii) corresponds to unit group 33102 or 44101 of the National Occupational Classification, in the case of a foreign national who meets the work experience requirements set out in paragraph (3)(a) based on experience in an occupation that corresponds to unit group 31301 or 32101 of the National Occupational Classification, or
  • (iii) is listed in a TEER category in the National Occupational Classification that is at the same level or a higher level than the occupation in which most of the work experience relied on for the purpose of paragraph (3)(a) was acquired, in any other case.

(5) Subsections 87.3(7) and (8) of the Regulations are replaced by the following:

TEER category hierarchy

(7) For the purposes of subparagraph (6)(d)(iii),

• (a) TEER Category 0 in the National Occupational Classification is at a higher level than TEER Category 1;
• (b) TEER Category 1 is at a higher level than TEER Categories 2 and 3;
• (c) TEER Categories 2 and 3 are at the same level; and
• (d) TEER Categories 2 and 3 are at a higher level than TEER Category 4.

(6) Paragraphs 87.3(9)(a) and (b) of the Regulations are replaced by the following:

• (a) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 0 or 1 of the National Occupational Classification, they hold a post-secondary Canadian educational credential from a program of study of a duration of at least one year or a foreign diploma, certificate or credential supported by an equivalency assessment — which must be less than five years old on the date on which their application is made — establishing that the foreign diploma, certificate or credential is equivalent to such a Canadian educational credential; or
• (b) in the case of a foreign national who has an offer of employment in an occupation that is listed in TEER Category 2, 3 or 4 of the National Occupational Classification, they hold a Canadian educational credential or a foreign diploma, certificate or credential supported by an equivalency assessment, which must be less than five years old on the date on which their application is made.

Coming into Force

10 These Regulations come into force on November 16, 2022.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Immigration, Refugees and Citizenship Canada (IRCC) uses the National Occupational Classification (NOC) to determine and assess the occupational eligibility criteria used in its various temporary and permanent residency programs. Section 2 of the Immigration and Refugee Protection Regulations (the Regulations) requires IRCC to use the same version of the NOC in use by Employment and Social Development Canada and Statistics Canada for this purpose. As of November 16, 2022, this will be NOC 2021.

NOC 2021 introduces a new structure and revised terminology that must be implemented across IRCC’s programs. In most cases, this can be achieved outside of regulation through administrative guidance and/or amendments to ministerial instructions. However, regulatory amendments are necessary for implementation in the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and Atlantic Immigration Program, as the occupational eligibility criteria outlined in the Regulations reference the terminology and structure of previous versions of the NOC that will become obsolete with the adoption of NOC 2021.

In the absence of amendments, section 2 of the Regulations would require the use of NOC 2021, but specific provisions pertaining to the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class and Atlantic Immigration Program would require IRCC officials to process applications using NOC 2016 coding and terminology that would no longer be in force. Officers would be unable to process applications until this conflict is resolved.

Amendments are necessary to resolve this conflict and allow IRCC to continue processing applications under these programs, which together comprised 42% of permanent residency admissions in 2021. Amendments are also necessary to ensure ongoing alignment between the Federal Skilled Workers Program, Federal Skilled Trades Program, Canadian Experience Class, and the Atlantic Immigration Program, as well as other programs offered by IRCC, including those delivered jointly with partners (e.g. the Provincial Nominee Program) who are expected to adjust their respective programs to align with the new NOC 2021 structure.

Background

The NOC is the nationally recognized taxonomy of occupations in the Canadian labour market. Its co-developers, Employment and Social Development Canada (ESDC) and Statistics Canada, undertake minor revisions every year and major revisions every ten years to ensure the classification is reflective of the prevalence and requirements of occupations in Canada. NOC 2021 represents a major revision, introducing several structural changes, including

• replacement of the current skill type and level structure with a new six-category system representing the level of training, education, experience and responsibilities (TEER) required for entry in an occupation;
• adoption of a five-tiered hierarchical arrangement of occupational groups with successive levels of disaggregation containing broad occupational categories, major groups, sub-major groups, minor groups, and unit groups; and
• introduction of a new five-digit codification system to replace the current four-digit system.

Occupations have been added, merged, split, and moved throughout the classification to align with this new structure and to reflect changes in the labour market.

IRCC clients were informed of how NOC 2021’s structure will be implemented across programs on July 27, 2022, through updates to the Department’s website.

Objective

The primary objective of this proposal is to ensure that IRCC can continue to process applications under the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and Atlantic Immigration Program without interruption. These amendments are required for the continued fulfillment of IRCC’s mandate.

The proposal will maintain alignment across IRCC’s programs and those delivered jointly with ESDC, provinces and territories, and other partners. It will also allow for continuity in shared data collection and analysis initiatives with Statistics Canada (e.g. Longitudinal Immigration Database). Finally, it will support the Minister’s mandate letter commitment to expand pathways to permanent residency for temporary workers and international students through the Express Entry system, the application management system through which the Federal Skilled Worker Program, Federal Skilled Trades Program and Canadian Experience Class are delivered, in addition to a number of other strategic priorities, such as immigration levels growth and addressing labour market needs.

Description

The amendments will replace references to the terminology and structure used in previous versions of the NOC with the new terminology and structure of NOC 2021. Throughout the Regulations,

• references to skill type and level groupings will be replaced with their corresponding TEER category(ies), as follows:
  • Skill Type 0 will be equivalent to TEER 0;
  • Skill Level A will be equivalent to TEER 1;
  • Skill Level B will be equivalent to TEERs 2 and 3;
  • Skill Level C will be equivalent to TEER 4; and
  • Skill Level D will be equivalent to TEER 5;
• occupational eligibility criteria linked to current NOC 2016’s four-digit codes will be updated with their corresponding five-digit code(s); and
• other references to NOC 2016’s structure (e.g. Major and Minor Groups) will be revised to reflect the updated structure and ensure the current policy intent of programs is retained.

The amendments will also clarify the version of the NOC incorporated by reference in section 2 of the Regulations at any given time to mitigate confusion for clients and immigration officers, and to ensure ongoing alignment with ESDC and IRCC-ESDC shared programming.

Program impacts

The implementation of NOC 2021 will result in changes to the occupations that meet the minimum occupational requirements for the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and Atlantic Immigration Program, as outlined in the Regulations. Applicants to these programs must also continue to meet other program selection criteria intended to position them for long-term success in Canada and/or regional labour market needs, including education, language proficiency, and work experience requirements.

Federal Skilled Worker Program

The Federal Skilled Worker Program was launched in 1967 to provide a pathway to permanent residency for skilled foreign nationals through objective criteria and a points-based system. It is currently open to foreign nationals who have work experience in occupations categorized in NOC Skill Level B or above.

With the implementation of NOC 2021, the program will be open to foreign nationals with work experience in occupations categorized in TEER 3 or above. Foreign nationals with work experience in sixteen previously ineligible occupations will become eligible for the program, in addition to those where they are already eligible (i.e. certain streams of the Provincial Nominee Program, Atlantic Immigration Program, and Rural and Northern Immigration Pilot). Work experience in three currently eligible occupations will become ineligible, while remaining eligible for other programs.

Federal Skilled Trades Program

The Federal Skilled Trades Program was launched in 2013 to provide a pathway to permanent residency for foreign nationals in the skilled trades who may face barriers in other programs. It is currently open to foreign nationals in skilled trade occupations in specific Major and Minor Groups and categorized in NOC Skill Level B or above.

With the implementation of NOC 2021, the program will be open to foreign nationals with work experience in skilled trade occupations in revised Major and Minor Groups categorized in TEER 3 or above. Foreign nationals with work experience in eight previously ineligible occupations will become eligible, in addition to the programs where they are currently eligible (e.g. Federal Skilled Workers, Canadian Experience Class). All occupations currently eligible will be retained.

Canadian Experience Class

The Canadian Experience Class launched in 2008 to provide a pathway to permanent residency for foreign nationals who have worked in Canada full-time (or equivalent) for at least one year. It is currently open to foreign nationals with Canadian work experience in occupations categorized in NOC Skill Level B or above.

With the implementation of NOC 2021, the program will be open to foreign nationals with work experience in occupations categorized in TEER 3 or above. Foreign nationals with work experience in 16 previously ineligible occupations will become eligible for the program, in addition to those where they are already eligible (i.e. certain streams of the Provincial Nominee Program, Atlantic Immigration Program, and Rural and Northern Immigration Pilot). Work experience in three currently eligible occupations will become ineligible, while remaining eligible for other programs.

Atlantic Immigration Program

The Atlantic Immigration Program was made permanent in January 2022 as a pathway to permanent residence for skilled foreign workers and international graduates from a Canadian institution who want to work and live in one of the four Atlantic provinces. It is currently open to foreign nationals with work experience in occupations categorized in NOC Skill Level C or above.

With the implementation of NOC 2021, the program will be open to foreign nationals with work experience in occupations categorized in TEER 4 and above, resulting in 13 currently eligible occupations becoming ineligible. While no longer eligible for this pathway, foreign nationals in these occupations will remain eligible for programs with broader occupational eligibility criteria (i.e. certain streams of the Provincial Nominee Program and Rural and Northern Immigration Pilot).

Regulatory development

Consultation

Given the regulatory requirement to use the most recent version of the NOC, there is no reasonable alternative to making amendments to implement NOC 2021. As such, IRCC has not consulted on the proposal to amend the regulations.

Prepublication in the Canada Gazette, Part I, was not undertaken because the proposal is facilitative; in the absence of these amendments, IRCC would be unable to process applications under four programs, which are key contributors to annual immigration levels targets.

Modern treaty obligations and Indigenous engagement and consultation

There are no modern treaty obligations associated with these amendments.

Instrument choice

There are no feasible, non-regulatory options related to this proposal.

Regulatory analysis

Benefits and costs

An important first step in developing a cost benefit methodology is establishing a baseline scenario against which options may be measured. For this analysis, the baseline scenario is one where IRCC would no longer be able to process applications under the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and Atlantic Immigration Program. The regulatory scenario is one where the Department will implement NOC 2021. This analysis examines the impacts of the amendment for a 10-year period from 2022 to 2031.

The amendment will result in total costs of $1.3 million present value (PV) to the Government of Canada. These include one-time transition costs and ongoing administrative costs.

Transition costs to the Government of Canada consist of activities related to communications, program delivery instructions development, updating program forms and guides, and implementation problem resolution. These costs will be incurred in the year of implementation (2022) and are estimated at $0.1 million PV. Ongoing costs to the Government are estimated at $1.2 million PV and consist of monitoring and impact assessment activities for the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and Atlantic Immigration Program.

The implementation of NOC 2021 by IRCC will require system wide updates to the Global Case Management System (GCMS). The costs to update the GCMS will be incurred by the Government of Canada regardless of the regulatory amendments, as they are required to implement NOC 2021 into all IRCC programs, including those that do not require changes to the Regulations to take effect (e.g. Provincial Nominee Program, International Mobility Program, Rural and Northern Immigration Pilot, Agri-Food Pilot). As such, GCMS update costs are not included in the total costs estimated for this proposal.

Foreign nationals, both inside and outside of Canada, with work experience in occupations that will become ineligible will be negatively impacted by the amendments. Should they wish to apply for permanent residency once NOC 2021 is implemented, they will have to use alternate pathways where they meet program occupational eligibility criteria, such as some streams of the Provincial Nominee Program, Rural and Northern Immigration Pilot, Atlantic Immigration Program. Work experience in three occupations will become ineligible, under the Federal Skilled Workers Program and Canadian Experience Class. From 2017 to 2021, foreign nationals who identified these three occupations as their intended occupations accounted for less than one percent of Express Entry admissions, with an average of 132 admissions per year. For the Atlantic Immigration Program, 13 occupations will become ineligible. These occupations accounted for approximately 1% of admissions during the pilot phase, with an average of 32 admissions per year.

In contrast, foreign nationals with work experience in occupations that will become eligible for the programs managed under Express Entry, will benefit from access to an increased number of pathways to permanent residency. This will in turn provide greater opportunity to meet labour market needs in Canada.

The impacts of the regulatory amendments on businesses are expected to be negligible. Canadian businesses will not be required to undertake any new activities or measures to comply. Those who intend to issue job offers to foreign nationals for the purpose of their application to the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class and Atlantic Immigration Program will be subject to the same parameters as they were prior to the implementation of NOC 2021. In cases where NOC 2021’s structural changes will result in changes to the list of occupations eligible for these programs, the overall benefit to employers is expected to far outweigh the costs given the relatively low number of admissions in impacted occupations annually.

The implementation of NOC 2021 will fulfill IRCC’s regulatory requirement to use the most recent version of the NOC and help maintain alignment between IRCC and ESDC’s administrative data, and Statistics Canada’s survey data (e.g. Census, Labour Force Survey). The regulatory amendments will also enable more nuanced assessments of occupational skill that accurately reflect the contemporary Canadian labour market. For example, computer programmers will become four distinct occupations. This may help the Department better support the current and evolving needs of Canadian employers and develop new programs and policies that address those needs.

Small business lens

The small business lens does not apply, as there are no impacts on businesses associated with these amendments.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

This proposal is not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

The amendments are not expected to result in significant gender impacts. It is anticipated that the overall pool of applicants to the Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and Atlantic Immigration Program will be similar post-implementation, given the low number of foreign nationals in impacted occupations.

A gender-based analysis plus (GBA+) was conducted on two cohorts:

• those who are expected to be positively impacted due to their becoming eligible for the Federal Skilled Worker Program, Federal Skilled Trades Program and Canadian Experience Class; and
• those who are expected to be negatively impacted due to their becoming ineligible for the above-mentioned programs, as well as the Atlantic Immigration Program.

IRCC admissions data show foreign nationals in both cohorts were predominantly male between 2017 and 2021, accounting for 76.7% of those impacted. This contrasts with the almost equal gender distribution of permanent residency admissions overall during the same timeframe (50.3% female and 49.7% male).

Of the foreign nationals in the positively impacted cohort, the majority of admissions were male. However, this number is skewed by the high volume of truck drivers, which represented 74% of admissions in this category, 99.5% of whom were male. Six of the positively impacted occupations were female-dominated (e.g. dental assistants and school teacher assistants), but these occupations accounted for a relatively small share of admissions by comparison.

Men comprised 61.5% of admissions of the foreign nationals in the negatively impacted cohort. However, three occupations in this cohort were female dominated (i.e. tailors, dressmakers, furriers and milliners; pet groomers and animal care workers; and food and beverage servers), but these occupations did not account for a significant portion of admissions overall.

Although the list of occupations eligible for the Federal Skilled Worker Program, Federal Skilled Trade Program, Canadian Experience Class and Atlantic Immigration Program will shift as a result of NOC 2021’s new structure and the regulatory amendments, it is important to note that occupational eligibility alone does not determine whether a foreign national will be granted permanent residence. Applicants to these programs will continue to be assessed on their ability to meet other objective program criteria, including education, language proficiency, and years of work experience. These criteria are irrespective of gender, age, religion, ethnicity, sexual orientation or other diversity factors. In other words, while there is no way to ensure both men and women are impacted equally by this proposal — the demographics of applicants to these programs are largely outside of IRCC’s control — each program is designed with objective criteria intended to ensure all applicants are assessed equitably.

Implementation, compliance and enforcement, and service standards

Implementation

The amendments will come into force on November 16, 2022. IRCC will begin accepting and processing applications using NOC 2021 on this date for all temporary and permanent residency programs, including the four programs in this proposal. Applications submitted to IRCC (or provincial, territorial or community partners in the case of the Atlantic Immigration Program, Provincial Nominee Program and Rural and Northern Immigration Pilot) before this date will be processed according to program requirements in place at that time (i.e. NOC 2016).

Clients will be informed of the details of IRCC’s implementation, including how it impacts program eligibility criteria prior to the coming-into-force date to ensure clear understanding of the changes and minimize confusion. Provinces, territories, and other partners will also be engaged to ensure a timely and successful implementation across shared programs and systems.

While impacts are expected to be low, IRCC will monitor admission and settlement trends once NOC 2021 comes into force. The Department will mitigate any unintended adverse consequences, should they arise, through objective processes, such as Program Delivery Instructions. The Department also intends to monitor future considerations such as whether the expanded eligibility for foreign nationals under the programs managed by the Express Entry system has resulted in an increase of applications in specific industries, whether the demand on the various programs has increased or decreased, and whether there have been any changes to the demographic profile of foreign nationals admitted as permanent residents post-implementation.

Service standards

These amendments will not change IRCC’s service standards.

Contact

James McNamee
Senior Director
Federal Economic Programs and Policy
Immigration, Refugees and Citizenship Canada
Telephone: 343‑571‑1744
Email: James.McNamee@cic.gc.ca