Immigration and Refugee Protection Regulations

Marginal note:Class

• 87 (1) For the purposes of subsection 12(2) of the Act, the provincial nominee class is hereby 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 the class

  (2) A foreign national is a member of the provincial nominee class if

  • (a) subject to subsection (5), they are named in a nomination certificate issued by the government of a province under a provincial nomination agreement between that province and the Minister; and

  • (b) they intend to reside in the province that has nominated them.

• Marginal note:Substitution of evaluation

  (3) If the fact that the foreign national is named in a certificate referred to in paragraph (2)(a) is not a sufficient indicator of whether they may become economically established in Canada and an officer has consulted the government that issued the certificate, the officer may substitute for the criteria set out in subsection (2) their evaluation of the likelihood of the ability of the foreign national to become economically established in Canada.

• Marginal note:Concurrence

  (4) An evaluation made under subsection (3) requires the concurrence of a second officer.

• Marginal note:Exclusion

  (5) A foreign national who is named in a certificate referred to in paragraph (2)(a) shall not be considered a member of the provincial nominee class if there is evidence that they intend to participate in or have participated in a passive investment proposal.

• Marginal note:Passive investment proposal

  (6) For the purposes of subsection (5), a passive investment proposal is an investment proposal, involving an investment by a foreign national, that has as one of its objectives to facilitate or lead to the nomination of the foreign national by a province in a nomination certificate and their immigration to Canada where

  • (a) the foreign national has no active, ongoing or direct responsibility for managing or operating the enterprise to be financed by the proposal; or

  • (b) the terms of investment of the proposal include a redemption option exercisable by the foreign national after a specified period.

• Marginal note:Becoming a permanent resident

  (7) Subject to subsection (8), a foreign national who meets the requirements of subsections (2) to (4) must, in order to become a permanent resident, present their permanent resident visa to an officer at a port of entry.

• Marginal note:Exception

  (8) A foreign national who meets the requirements of subsections (2) to (4), holds a work permit, is working in Canada and has done so for at least one year preceding the date of their application for a permanent resident visa may also become a permanent resident if they present their permanent resident visa to an officer at an office of the Department in Canada.