Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-316)

Policy effect

Formally repealed the outdated federal Investor and Entrepreneur class regulatory provisions from the IRPR following their legislative termination, while establishing specific transitional rules to process applications with selection decisions before February 11, 2014, and preserving regulatory frameworks and age-lock-in rules for Quebec economic candidates. Phase scope: Full national implementation upon registration on December 16, 2016.

Conditions and exceptions

Validated condition or limit: Formally repealed the outdated federal Investor and Entrepreneur class regulatory provisions from the IRPR following their legislative termination, while establishing specific transitional rules to process applications with selection decisions before February 11, 2014, and preserving regulatory frameworks and age-lock-in rules for Quebec economic candidates.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… law partner is entitled. (pourcentage des capitaux propres) 4 (1) The definitions agent, allocation period, approved fund, business experience, debt obligation, entrepreneur, entrepreneur selected by a province, full-time job equivalent, fund, investment, investor, investor selected by a province, minimum net worth, net assets, net income, net worth, percentage of equity, provincial allocation, qualifying business, qualifying Canadian business and self-employed person selected by a province in subsection 88(1) of the Regulations are repealed. (2) Subsections 88(2) and (3) of the Regulations are repealed. 5 Sections 89 to 96 of the Regulations are replaced by the following: Artificial transactions 89 For the purposes of this Division, a self-employed person is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 whose purpose is to circumvent, directly or indirectly, the requirements of this Division. Quebec Investor Class Class 90 (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 … application is made by a person as a member of the Quebec investor class, the Quebec entrepreneur class, the self-employed persons class or the Quebec self-employed persons class (2) Subsection 295(2.2) of the Regulations is repealed. Transitional Provisions 15 In sections 16 to 18, preceding Regulations means the Immigration and Refugee Protection Regulations as they read immediately before the day on which these Regulations come into force. 16 (1) Subject to subsections (2) and (3), paragraph 70(2)(b), subsection 88(1), sections 89 and 90, subsections 102(1) and 103(1), sections 104 and 107, subsections 108(1) and (2) and paragraph 295(1)(b) of the preceding Regulations continue to apply in respect of an application for a permanent resident visa that was made before the day on which these Regulations come into force by a foreign national as a member of the investor class, as prescribed by subsection 90(1) of the preceding Regulations, until the day on which a determination is made in respect of the application. (2) Subject to subsections (3) and (4), sections 88 and 91 to 95 of the preceding Regulations continue to apply in respect of a provincial allocation, within the meaning of that … its own investor and entrepreneur programs for immigrants destined to that province. While Quebec’s programs have historically been linked to the federal programs in the Regulations, changes to the federal programs will not affect Quebec’s programs. Objectives The objective of these amendments to the Regulations is to eliminate regulatory redundancy by repealing the existing provisions in the Regulations that govern the federal investor and entrepreneur programs, to provide for a transitional period as those programs wind down and to leave a regulatory framework in place for the continued operation of Quebec’s programs. Description The Regulations repeal the provisions governing the federal investor and entrepreneur programs in the Regulations; provide for transitional provisions to continue processing federal Investor and Entrepreneur class applications that are not affected by the legislative termination of existing inventories of applications (i.e. those applications that received a selection decision before February 11, 2014, as outlined in section 87.5 of the Immigration and Refugee Protection Act); provide for transitional provisions for the Investor class so that funds continue to flow to and from approved funds until all investors have been repaid and provide for administrative flexibility for approved funds as their activities under the investor program wind down; provide for transitional provisions that formally conclude the application of post-landing conditions and associated government monitoring activities for the entrepreneur program; and delineate distinct classes for Quebec Investors, Quebec Entrepreneurs and Quebec Self-Employed persons in order to provide a regulatory framework for those classes to continue operating in the absence of their federal counterpart …

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2016

• 2016-02-27Parents and grandparents sponsorship cap doubled for the 2016 intake year
• 2016-03-11Regulations Amending the Immigration and Refugee Protection Regulations (SOR/2016-37)
• 2016-03-11Revised passenger reservation information privacy regime
• 2016-03-15Regulations Amending the Immigration and Refugee Protection Regulations
• 2016-04-01Canada restores equal basic, supplemental and prescription coverage under the Interim Federal Health Program
• 2016-05-07Employer-sanction grounds for work permit revocation updated
• 2016-11-19Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2016-1
• 2016-11-19Regulations Amending the Immigration and Refugee Protection Regulations (Skilled Worker) (SOR/2016-298)
• 2016-12-01Temporary Resident Visa Exemption for Citizens of Mexico (SOR/2016-293)
• 2016-12-15Ministerial Instructions on Spousal and Dependent Child Sponsorship Application Intake Simplification