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

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

 [Repealed, SOR/2016-316, s. 5]

 [Repealed, SOR/2016-316, s. 5]

 [Repealed, SOR/2016-316, s. 5]

Quebec Entrepreneur Class

Marginal note:Class
  •  (1) For the purposes of subsection 12(2) of the Act, the Quebec entrepreneur 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 entrepreneur 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. 6.

 [Repealed, SOR/2016-316, s. 6]

Start-up Business Class

Marginal note:Class
  •  (1) For the purposes of subsection 12(2) of the Act, the start-up business 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, who meet the requirements of subsection (2) and who intend to reside in a province other than Quebec.

  • Marginal note:Member of class

    (2) A foreign national is a member of the start-up business class if

    • (a) they have obtained a commitment that is made by one or more entities designated under subsection 98.03(1), that is less than six months old on the date on which their application for a permanent resident visa is made and that meets the requirements of section 98.04;

    • (b) they have submitted the results of a language test that is approved under subsection 102.3(4), which results must be provided by an organization or institution that is designated under that subsection, be less than two years old on the date on which their application for a permanent resident visa is made and indicate that the foreign national has met at least benchmark level 5 in either official language for all four language skill areas, as set out in the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, as applicable;

    • (c) they have, excluding any investment made by a designated entity into their business, transferable and available funds unencumbered by debts or other obligations of an amount that is equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs 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 that is necessary to support a group of persons equal in number to the total number of the applicant and their family members; and

    • (d) they have started a qualifying business within the meaning of section 98.06.

  • Marginal note:Size

    (3) No more than five applicants are to be considered members of the start-up business class in respect of the same business.

  • SOR/2018-72, s. 3.
Marginal note:Agreements with organizations
  •  (1) The Minister may enter into an agreement with an organization to provide for any matter related to the start-up business class, including

    • (a) the making of recommendations and the provision of advice to the Minister on the designation of an entity and on the revocation of those designations;

    • (b) the establishment of criteria, standards of conduct and best practices for the making of commitments or the performance of other activities related to the start-up business class by an entity;

    • (c) the making of recommendations and the provision of advice to the Minister on the operation of these Regulations with respect to the start-up business class;

    • (d) the establishment of peer review panels referred to in section 98.09; and

    • (e) the submission of reports to the Minister on the activities of designated entities.

  • Marginal note:Requirements

    (2) In order to exercise the functions referred to in paragraphs (1)(a), (b), (d) and (e), the organization must have expertise in relation to the type of entity in question, namely,

    • (a) business incubators;

    • (b) angel investor groups; or

    • (c) venture capital funds.

  • Marginal note:Conditions

    (3) An organization may exercise the functions referred to in subsection (1) only when the following conditions apply:

    • (a) the organization is in compliance with the agreement and the agreement remains in force;

    • (b) subject to subsections 98.12(2) and 98.13(4), the organization complies with requirements imposed under subsection 98.12(1) and paragraphs 98.13(2)(b), (c), and (f) and requests made under subsection 98.13(3);

    • (c) the organization is in compliance with these Regulations; and

    • (d) the organization has expertise in relation to at least one of the entity types referred to in paragraphs (2)(a) to (c).

  • SOR/2018-72, s. 3.
Marginal note:Designation
  •  (1) The Minister must designate the entities referred to in subsection 98.01(2) according to the following categories:

    • (a) business incubators;

    • (b) angel investor groups; and

    • (c) venture capital funds.

  • Marginal note:Requirements

    (2) The Minister may only designate an entity if

    • (a) it is recognized for its expertise in assessing the potential for and assisting in the success of start-up business opportunities in Canada; and

    • (b) it has the ability to assess the potential for and assist in the success of start-up business opportunities in Canada.

  • Marginal note:Conditions

    (3) A designated entity must respect the following conditions:

    • (a) it must continue to meet the requirements of subsection (2);

    • (b) it must enter only into commitments that respect these Regulations;

    • (c) it must provide the Minister upon request with information on its activities related to the start-up business class, including information on foreign nationals with whom it has made commitments and the businesses referred to in those commitments;

    • (d) it must, subject to subsections 98.12(2) and 98.13(4), comply with requirements imposed under subsection 98.12(1) and paragraphs 98.13(2)(b), (c) and (f) and requests made under subsection 98.13(3);

    • (e) it must comply with the terms of its commitments and with these Regulations; and

    • (f) it must comply with any federal or provincial law or regulation relevant to the service it provides.

  • Marginal note:Suspension

    (4) If there is reason to suspect that an entity does not meet the conditions or has submitted false, misleading or inaccurate information to the Minister, the Minister may

    • (a) suspend the entity’s ability to make commitments; and

    • (b) refuse to consider applications associated with commitments made by that entity.

  • Marginal note:Duration

    (5) An action taken under subsection (4) comes into force on the day on which the Minister issues a notice of the action to the entity and remains in effect until the earlier of the day on which the situation is resolved and the day that is nine months after the day on which the notice is issued.

  • Marginal note:Revocation

    (6) If there are reasonable grounds to believe that an entity does not meet the conditions set out in subsection (3) or has submitted false, misleading or inaccurate information to the Minister, the Minister may revoke the entity’s designation.

  • Marginal note:Public notice

    (7) The Minister must publish on the Department’s website a list of all entities that are designated and those that are suspended under subsection (4).

  • SOR/2018-72, s. 3.
 
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