Vol. 145, No. 9 — February 26, 2011
ARCHIVED — Regulations Amending the Immigration and Refugee Protection Regulations
Statutory authority
Immigration and Refugee Protection Act
Sponsoring department
Department of Citizenship and Immigration
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issue and objectives
Issue
The federal entrepreneur program was created in 1978 to attract successful business people who would create businesses and jobs in Canada. Approved entrepreneurs receive conditional permanent resident status, and must satisfy post-landing conditions requiring them to establish or purchase and manage a business in Canada that creates at least one incremental job for Canadians. The entrepreneur must comply with these conditions for at least one year during the three years after obtaining permanent resident status.
Quebec operates an entrepreneur program under the authority of the Canada-Quebec Accord, (the Accord) which grants sole selection authority for all classes except Family and In-Canada Refugee classes to the province of Quebec, and section 9 of the Immigration and Refugee Protection Act. Under the Immigration and Refugee Protection Regulations (the Regulations), Quebec-selected entrepreneurs must meet certain terms and conditions, either those established by the Province or, in the absence of provincial conditions, federal conditions. Quebec entrepreneurs have been subject to conditions established by the province since 2006. The current conditions established by the Province stipulate that the entrepreneur will
- create or acquire a business established in Quebec where they will hold at least 25% of the capital equity with a value of at least C$100,000;
- employ, on a permanent basis, a Quebec resident other than the entrepreneur or their accompanying family members; and
- participate in the daily management and operations of the business.
Prior to the establishment of these provincial conditions, and dating back to the coming into force of the Regulations in 2002, Quebec entrepreneurs were subject to federal conditions.
Quebec is now considering an entrepreneur program redesign that would shift emphasis from post-landing conditions to more stringent up-front selection criteria, meaning that the entrepreneur would have to demonstrate that they have the tools and expertise to establish a business before approval to immigrate to Quebec. As a result, Quebec could remove the requirements for entrepreneurs selected by Quebec to meet post-arrival conditions and amend its regulations accordingly.
A review of the wording of the current federal Regulations, however, has revealed that it may restrict Quebec’s selection authority by imposing federal post-arrival conditions by default in the absence of provincial conditions. This regulatory change is therefore proposed to ensure that Quebec is able to exert its sole selection authority under the Accord, as the federal Regulations should not fetter Quebec’s ability to change their program criteria.
Objectives
The objective of the proposed regulatory amendments are to ensure that Quebec is able to exert its authority under the Accord, making the conditions and reporting requirements set out in section 98 of the Regulations inapplicable to Quebec-selected entrepreneurs. Making these changes would ensure that the Regulations remain consistent with Quebec’s authority under the Accord, and afford Quebec the flexibility to make program changes in response to provincial policies.
Description and rationale
Description
The proposed amendments would add a new subsection (7) to section 98 of the Regulations specifying that if there are no provincial conditions to be met by an entrepreneur selected by Quebec, the entrepreneur would not be required to meet the federal conditions and associated reporting requirements, except for the requirement to submit to an officer their residential address and telephone number within six months of becoming a permanent resident.
The proposal would ensure that Quebec is able to exercise its selection authority under the Accord by clarifying that an entrepreneur selected by Quebec must only meet conditions that are established by that province. It would not affect conditions that apply to federally selected entrepreneurs. Federally selected entrepreneurs would still settle within the rest of Canada, and post-arrival conditions would continue to apply.
Consultation
Upon initiation by the province, officials from the Department of Citizenship and Immigration started consulting with officials from the Ministère de l’Immigration et des Communautés culturelles in July 2009 regarding these regulatory changes. These consultations have been ongoing, with the implementation of the regulatory amendments in Quebec being slated for June 2011.
The other provinces and territories were consulted on these changes through the Federal/Provincial/Territorial Working Group on Economic Programs in November 2010, and did not express concerns. These changes would result in equal treatment of Provincial Nominee programs and Quebec’s entrepreneur program vis-à-vis federal conditions.
Implementation, enforcement and service standards
This regulatory amendment would not affect the current compliance and enforcement strategies that are in place for entrepreneurs selected through the federal entrepreneur program. They would still be subject to the performance and reporting standards currently in place.
Contact
Heidi Smith
Director
Permanent Resident Policy and Programs
Immigration Branch
Department of Citizenship and Immigration
365 Laurier Avenue W
Ottawa, Ontario
K1A 1L1
Telephone: 613-954-4214
Fax: 613-954-0850
Email: heidi.smith@cic.gc.ca
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 5(1) and section 14 of the Immigration and Refugee Protection Act (see footnote a), proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations.
Interested persons may make representations concerning the proposed Regulations within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Heidi Smith, Director, Permanent Resident Policy and Programs, Department of Citizenship and Immigration, 365 Laurier Avenue West, Ottawa, Ontario, K1A 1L1 (tel.: 613-954-4214; fax: 613-954-0850; email: Heidi.Smith@cic.gc.ca).
Ottawa, February 17, 2011
JURICA ČAPKUN
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS
AMENDMENTS
1. Paragraph (c) of the definition “entrepreneur” in subsection 88(1) of the Immigration and Refugee Protection Regulations (see footnote 1) is replaced by the following:
(c) if applicable, provides a written statement to an officer that they intend and will be able to meet the conditions referred to in subsection 98(1) or (2).
2. (1) Subsection 98(2) of the French version of the Regulations is replaced by the following:
Conditions : alinéa 9(1)d) de la Loi
(2) Si, au moment où l’entrepreneur sélectionné par une province souscrit la déclaration prévue à l’alinéa c) de la définition de « entrepreneur » au paragraphe 88(1), la province a établi des conditions auxquelles il doit se conformer, il y mentionne alors ces conditions et s’y conforme en lieu et place des conditions énoncées au paragraphe (1).
(2) Section 98 of the Regulations is amended by adding the following after subsection (6):
Non-application
(7) If, at the time that a province issues a selection certificate to an entrepreneur, there are no provincial conditions that must be met by the entrepreneur,
- (a) the entrepreneur is not required to meet the conditions set out in paragraphs (1)(a) to (c); and
- (b) subsections (2) to (4), paragraph (5)(b) and subsection (6) do not apply in respect of the entrepreneur.
COMING INTO FORCE
3. These Regulations come into force on the day on which they are registered.
[9-1-o]
Footnote a
S.C. 2001, c. 27
Footnote 1
SOR/2002-227