Immigration and Refugee Protection Regulations (SOR/2002-227)

Regulations are current to 2018-07-05 and last amended on 2018-06-05. Previous Versions

DIVISION 2Business Immigrants

Interpretation

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Division.

    agent

    agent[Repealed, SOR/2016-316, s. 4]

    allocation period

    allocation period[Repealed, SOR/2016-316, s. 4]

    approved fund

    approved fund[Repealed, SOR/2016-316, s. 4]

    business experience

    business experience[Repealed, SOR/2016-316, s. 4]

    debt obligation

    debt obligation[Repealed, SOR/2016-316, s. 4]

    entrepreneur

    entrepreneur[Repealed, SOR/2016-316, s. 4]

    entrepreneur selected by a province

    entrepreneur selected by a province[Repealed, SOR/2016-316, s. 4]

    former Regulations

    former Regulations has the same meaning as in subsection 316(1). (ancient règlement)

    full-time job equivalent

    full-time job equivalent[Repealed, SOR/2016-316, s. 4]

    fund

    fund[Repealed, SOR/2016-316, s. 4]

    investment

    investment[Repealed, SOR/2016-316, s. 4]

    investor

    investor[Repealed, SOR/2016-316, s. 4]

    investor selected by a province

    investor selected by a province[Repealed, SOR/2016-316, s. 4]

    language skill area

    language skill area means speaking, oral comprehension, reading or writing. (habileté langagière)

    minimum net worth

    minimum net worth[Repealed, SOR/2016-316, s. 4]

    net assets

    net assets[Repealed, SOR/2016-316, s. 4]

    net income

    net income[Repealed, SOR/2016-316, s. 4]

    net worth

    net worth[Repealed, SOR/2016-316, s. 4]

    percentage of equity

    percentage of equity[Repealed, SOR/2016-316, s. 4]

    provincial allocation

    provincial allocation[Repealed, SOR/2016-316, s. 4]

    qualifying business

    qualifying business[Repealed, SOR/2016-316, s. 4]

    qualifying Canadian business

    qualifying Canadian business[Repealed, SOR/2016-316, s. 4]

    relevant experience

    relevant experience, in respect of

    • (a) a self-employed person, other than a self-employed person selected by a province, means a minimum of two years of experience, during the period beginning five years before the date of application for a permanent resident visa and ending on the day a determination is made in respect of the application, consisting of

      • (i) in respect of cultural activities,

        • (A) two one-year periods of experience in self-employment in cultural activities,

        • (B) two one-year periods of experience in participation at a world class level in cultural activities, or

        • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B),

      • (ii) in respect of athletics,

        • (A) two one-year periods of experience in self-employment in athletics,

        • (B) two one-year periods of experience in participation at a world class level in athletics, or

        • (C) a combination of a one-year period of experience described in clause (A) and a one-year period of experience described in clause (B), and

      • (iii) in respect of the purchase and management of a farm, two one-year periods of experience in the management of a farm; and

    • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (expérience utile)

    self-employed person

    self-employed person means a foreign national who has relevant experience and has the intention and ability to be self-employed in Canada and to make a significant contribution to specified economic activities in Canada. (travailleur autonome)

    self-employed person selected by a province

    self-employed person selected by a province[Repealed, SOR/2016-316, s. 4]

    specified economic activities

    specified economic activities, in respect of

    • (a) a self-employed person, other than a self-employed person selected by a province, means cultural activities, athletics or the purchase and management of a farm; and

    • (b) a self-employed person selected by a province, has the meaning provided by the laws of the province. (activités économiques déterminées)

  • (2) and (3) [Repealed, SOR/2016-316, s. 4]

  • SOR/2003-383, s. 4;
  • SOR/2004-167, s. 31;
  • SOR/2010-218, s. 1;
  • SOR/2011-124, s. 1;
  • SOR/2012-274, s. 15;
  • SOR/2016-316, s. 4.

General

Marginal note:Artificial transactions

 For the purposes of this Division, an applicant in the self-employed persons class or an applicant in the start-up business class is not considered to have met the applicable requirements of this Division if the fulfillment of those requirements is based on one or more transactions that were entered into primarily for the purpose of acquiring a status or privilege under the Act rather than

  • (a) in the case of an applicant in the self-employed class, for the purpose of self-employment; and

  • (b) in the case of an applicant in the start-up business class, for the purpose of engaging in the business activity for which a commitment referred to in paragraph 98.01(2)(a) was intended.

  • SOR/2016-316, s. 5;
  • SOR/2018-72, s. 2.
Marginal note:Permanent resident status

 A foreign national who is an accompanying family member of a person who makes an application as a member of the Quebec investor class, the Quebec entrepreneur class, the start-up business class, the self-employed persons class or the Quebec self-employed persons class shall become a permanent resident if, following an examination, it is established that

  • (a) the person who made the application has become a permanent resident; and

  • (b) the foreign national is not inadmissible.

  • SOR/2018-72, s. 2.

Quebec Investor Class

Marginal note:Class
  •  (1) For the purposes of subsection 12(2) of the Act, the Quebec investor class is prescribed as a class of persons who may become permanent residents on the basis of their ability to become economically established in Canada.

  • Marginal note:Member of class

    (2) A foreign national is a member of the Quebec investor class if they

    • (a) intend to reside in Quebec; and

    • (b) are named in a Certificat de sélection du Québec issued by Quebec.

  • SOR/2016-316, s. 5.

 [Repealed, SOR/2016-316, s. 5]

 [Repealed, SOR/2016-316, s. 5]

 [Repealed, SOR/2016-316, s. 5]

 
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