Canada Gazette, Part I, Volume 158, Number 50: GOVERNMENT NOTICES.
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions with Respect to the Francophone Community Immigration Class
The Minister of Citizenship and Immigration gives the annexed Ministerial Instructions with Respect to the Francophone Community Immigration Class under section 14.1footnotea of the Immigration and Refugee Protection Act footnoteb.
Marc Miller
Minister of Citizenship and Immigration
Ministerial Instructions with Respect to the Francophone Community Immigration Class
Definitions
1 (1) The following definitions apply in these Instructions.
- Act
- means the Immigration and Refugee Protection Act. (Loi)
- applicant
- means a foreign national who applies for permanent residence as a member of the Francophone community immigration class. (demandeur)
- designated community
- means a Canadian community that includes a Francophone minority population within its geographic boundaries and that is set out in the list of communities designated by the Minister as eligible to participate in the Francophone community immigration class published on the Department’s website. (collectivité désignée)
- designated employer
- means an employer designated as eligible to participate in the Francophone community immigration class by an economic development organization following a determination that it meets the criteria, as set out in subsection 3(3). (employeur désigné)
- economic development organization
- means an organization designated, for the purposes of paragraph 14(2)(g) of the Act, by the Minister to administer the Francophone community immigration class. (organisme de développement économique)
- genuine offer of employment
- means an offer of employment that
- (a) is made by a designated employer actively engaged in the business in respect of which the offer is made;
- (b) is consistent with the reasonable employment needs of the designated employer;
- (c) contains terms that the designated employer is reasonably able to fulfill;
- (d) has a wage above or within the range of wages for that particular occupation set out in the Job Bank of the Canada Employment Insurance Commission; and
- (e) requires proficiency in English, French, or English and French as a condition of employment. (offre d’emploi authentique)
- priority occupation
- means an occupation that is designated as such by an economic development organization under subsection 3(1). (profession prioritaire)
- Regulations
- means the Immigration and Refugee Protection Regulations. (Règlement)
Interpretation
(2) Unless otherwise indicated, other words and expressions used in these Instructions have the same meaning as in sections 2 and 73 of the Regulations.
Francophone community immigration class
2 (1) The Francophone community immigration class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in a designated community, who intend to reside in a province other than Quebec and who meet the requirements set out in subsection (2) and, if applicable, subsection (3).
Class requirements
(2) An applicant qualifies to be a member of the Francophone community immigration class if they meet the requirements set out in sections 4 to 10 at the time of application until permanent resident status is obtained.
Applicant in Canada
(3) An applicant who applies for permanent residence under the Francophone community immigration class from within Canada must have a valid temporary resident status at the time of their application and must maintain valid temporary resident status until permanent resident status is granted.
Economic development organization — priority occupations
3 (1) An economic development organization must, by March 31st of each year, establish a list of priority occupations that, in its opinion, will best contribute to the economic development in a designated community.
Economic development organization — priority applications
(2) When issuing a certificate of recommendation referred to in section 4, an economic development organization may prioritize applications
- (a) in order to maximize the economic development in a designated community and meet the needs of the local labour market; and
- (b) based on the foreign national’s occupation, wage, work experience, language proficiency in French, education and connection to the designated community.
Designated employer — criteria
(3) An economic development organization must designate an employer that applies to be a designated employer and who meets the following criteria:
- (a) it carries on a genuine business that has been in continuous, active operation under the same management for at least two years within the designated community or it can demonstrate continuous, active operation in another location, in which case the economic development organization must confirm that the relocation of the business to the designated community will make or has made a substantial contribution to that community’s economy;
- (b) it carries on business in relation to at least one priority occupation and at least 75% of the work is performed within the designated community;
- (c) it has successfully completed intercultural competency training;
- (d) it has successfully completed mandatory onboarding training;
- (e) it commits to supporting the settlement of each applicant and any accompanying family members, including by facilitating access to the settlement and social service support;
- (f) it is not in contravention of employment standards and occupational health and safety legislation; and
- (g) it is not
- (i) a consulate,
- (ii) an employer referred to in paragraph 200(3)(g.1) or (h) of the Regulations,
- (iii) a business that recruits individuals in order to establish a pool of candidates who are intended to be transferred or contracted to other businesses,
- (iv) a business in which a majority of voting or ownership interests are held, either individually or collectively, by the foreign national or their spouse or common-law partner or that is controlled, directly or indirectly, by the foreign national or their spouse or common-law partner, or
- (v) a business owned by a representative who is a person referred to in subsection 91(2) of the Act.
Designated employer — revocation of designation
(4) An economic development organization can revoke the designation of an employer if:
- (a) the economic development organization becomes aware that a designated employer is in violation of the employer compliance regime under the Act or the Regulations and an order or administrative monetary penalty is issued;
- (b) the economic development organization becomes aware of fraud or misrepresentation in a designated employer’s application for designation or recommendation or the offer of employment;
- (c) the economic development organization has program integrity and quality assurance concerns or becomes aware of fraud, misrepresentation or non-compliance by a designated employer with provincial or federal legislation related to employment standards or occupational health and safety that occur after initial designation;
- (d) the economic development organization becomes aware that the designated employer no longer meets the designation criteria set out in subsection (3);
- (e) the economic development organization becomes aware that a designated employer has been found to be non-compliant with the Canadian Human Rights Act, provincial labour and employment legislation or provincial human rights legislation by the body responsible for the administration of the federal or provincial legislation, as applicable;
- (f) the designated employer or any person who recruits the foreign national for the designated employer has, directly or indirectly, charged or recovered fees from the foreign national; or
- (g) the designated employer has voluntarily requested withdrawal from participating in the Francophone community immigration class.
Charging fees prohibited
(5) Economic development organizations are prohibited from charging fees for
- (a) designating or revoking a designated employer status; and
- (b) issuing, amending or revoking a certificate of recommendation.
Certificate of recommendation
4 (1) An applicant must have a valid certificate of recommendation from an economic development organization at the time of application, which the economic development organization must not have revoked before permanent resident status is granted.
Validity of certificate of recommendation
(2) A certificate of recommendation is valid for six months from the day on which it is issued unless the economic development organization revokes the certificate.
Criteria for certificate of recommendation
(3) An economic development organization may issue a certificate of recommendation to a foreign national if it is satisfied that the foreign national
- (a) has the required work experience for the TEER Category of the occupation listed in the genuine offer of employment as set out in subsection 5(1) or is exempt from the required work experience set out in subsection 5(3) or (4);
- (b) has a genuine offer of employment as set out in subsection 6(1) and the offer
- (i) is in a priority occupation established by the economic development organization,
- (ii) has a wage above or within the range of wages for that particular occupation set out in the Job Bank of the Canada Employment Insurance Commission, unless the economic development organization has established its own acceptable wage ranges above the minimum wage, informed by the local labour market, and
- (iii) is supported by any supplementary documentation to verify the genuineness of the offer of employment, including, but not limited to, recruitment efforts that the economic development organization deems necessary;
- (c) has the required language proficiency set out in section 7;
- (d) meets the education requirements set out in section 8; and
- (e) intends to reside in the designated community.
Revocation of certificate of recommendation
(4) An economic development organization
- (a) may revoke a certificate of recommendation if the applicant received a genuine offer of employment from a designated employer that has had its status revoked; and
- (b) must revoke a certificate of recommendation if it becomes aware that the criteria for recommendation set out in subsection (3) are not or were not met at any point in time from when the certificate was issued.
Amending certificate of recommendation
(5) An economic development organization may amend a certificate of recommendation if the applicant has obtained a new genuine offer of employment under one of the circumstances described in section 11.
Required work experience
5 (1) Subject to subsections (3) and (4), the applicant must demonstrate that they have the following work experience:
- (a) for a genuine offer of employment in TEER Category 0, work experience in an occupation in TEER Category 0, 1, 2 or 3;
- (b) for a genuine offer of employment in TEER Category 1, work experience in an occupation in TEER Category 0, 1, 2 or 3;
- (c) for a genuine offer of employment in TEER Category 2, work experience in an occupation in TEER Category 1, 2, 3 or 4;
- (d) for a genuine offer of employment in TEER Category 3, work experience in an occupation in TEER Category 2, 3 or 4 unless subsection (3) applies;
- (e) for a genuine offer of employment in TEER Category 4, work experience in an occupation in TEER Category 2, 3 or 4 unless subsection (3) applies; and
- (f) for a genuine offer of employment in TEER Category 5, work experience in the same National Occupational Classification unit group as the offer.
Work experience criteria
(2) The work experience referred to in subsection (1) must
- (a) have been acquired over a continuous period of at least one year of full-time work, or the equivalent in part-time work in an occupation listed in the National Occupational Classification;
- (b) have been acquired in the three years before the day on which the applicant applied for permanent residence;
- (c) include the performance of the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;
- (d) include the performance of a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification;
- (e) include only work that was done in the employ of a third party, unless it was acquired as a medical practitioner entitled to practice medicine under the laws of the jurisdiction it was acquired; and
- (f) if it was acquired in Canada, have been acquired while the applicant was authorized to work in Canada under the Regulations and had temporary resident status.
Applicant with nursing work experience
(3) An applicant who has, in the three years before the day on which they applied for permanent residence, acquired, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in an occupation that corresponds to unit group 31301 of the National Occupational Classification meets the work experience requirement if they have a genuine offer of employment in an occupation that corresponds to unit group 33102 or 44101 of the National Occupational Classification.
International graduate exemption
(4) The work experience requirement does not apply to an applicant who obtained an eligible credential from a post-secondary program and who meets all of the following requirements:
- (a) the applicant was enrolled as a full-time student during the entire period of the program;
- (b) the eligible credential was obtained within the 18 months before the day on which the applicant applied for permanent residence;
- (c) in the case of an applicant who followed a master’s or doctoral degree program that was less than two years in length, the applicant was physically present in the designated community where the employment is located during the entire period of the program;
- (d) in the case of an applicant who followed a post-secondary program other than one referred to in paragraph (c), the program was at least two years in duration and, during the 24 months immediately preceding the day on which the eligible credential was obtained, the applicant was physically present for at least 16 months in the designated community where the employment is located.
Definition of eligible credential
(5) In this section, eligible credential means a degree, diploma, certificate, trade credential or apprenticeship credential from a Canadian public post-secondary institution in the designated community where the employment is located, provided that the applicant was authorized to study in Canada under the Regulations and had temporary resident status throughout their period of study or training, but does not include a credential obtained in a studying or training program
- (a) in which the study of English or French as a second language amounted to more than half of the credits required to complete the program;
- (b) in which distance learning amounted to more than half of the credits required to complete the program; or
- (c) for which the applicant received a scholarship or fellowship that stipulated that they return to their home country to apply the knowledge and skills gained there.
Genuine offer of employment
6 (1) An applicant must demonstrate that they have received a qualifying genuine offer of employment that is
- (a) from a designated employer;
- (b) for non-seasonal, full-time work for an indeterminate period;
- (c) for employment that is located in the designated community and where at least 75% of the work is to be performed within that designated community;
- (d) for employment that they are qualified for, able to perform and are likely to accept and carry out, as indicated by their past work experience or education related to the lead statement and main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification; and
- (e) in an occupation for which they have attained the necessary recent work experience set out in subsection 5(1), unless subsection 5(3) or (4) applies.
Minister’s considerations
(2) In assessing the genuineness of the offer of employment, the Minister must also consider the past compliance of the designated employer, or any person who recruits the applicant for the designated employer, with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which it is intended that the applicant will work.
Language proficiency
7 The applicant must demonstrate, using the results of a language test that is less than two years old at the time the application is made — approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection — that they have reached benchmark 5 or higher for each of the four language skill areas in French under the Niveaux de compétence linguistique canadiens.
Education
8 The applicant must demonstrate that they have obtained a secondary school education credential or higher credential by submitting proof as follows:
- (a) if they have obtained a secondary school education or higher credential from a Canadian institution, a copy of the Canadian credential;
- (b) otherwise, they must submit a copy of a foreign secondary school education credential along with an equivalency assessment that is less than five years old at the time the application is made.
Intention to reside
9 The applicant must demonstrate that they intend to reside in a designated community.
Necessary funds
10 (1) Subject to subsection (2), the applicant must demonstrate that they have in the form of transferable and available funds — unencumbered by debts or other financial obligations — an amount equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for rural areas outside census metropolitan areas or census agglomerations as the minimum amount of before-tax, annual income necessary for the applicant to support themselves and their family members, whether those family members are accompanying them or not, for one year.
Exception
(2) The necessary funds requirement set out in subsection (1) does not apply to an applicant who is already employed in Canada.
New genuine offer of employment
11 An applicant may obtain a new genuine offer of employment only if, after they submit their application for permanent residence,
- (a) the employer from which the applicant received their existing genuine offer of employment becomes an employer referred to in paragraph 200(3)(h) of the Regulations;
- (b) the applicant is already working under a work permit referred to in section 200 of the Regulations and, for the reasons referred to in subsection 207.1(1) of the Regulations, they are issued a new work permit; or
- (c) if an economic development organization revokes a designated employer’s designation through no fault of the applicant, the applicant receives a new genuine offer of employment from a designated employer and the economic development organization continues to recommend the applicant.
Permanent resident visa
12 For the purposes of subsection 14.1(5) of the Act, subsections 70(1), (2), (4) and (5) of the Regulations apply to permanent resident visa applications made by an applicant.
Not agent of His Majesty
13 For greater certainty, an economic development organization is not an agent of His Majesty or a Crown corporation, as defined in section 2 of the Financial Administration Act, and its officers and employees are not members of the federal public administration.
Effective period
14 These Instructions have effect for a period of five years beginning on November 26, 2024, but if they are given after that day, the period begins on the day on which they are given.
DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
IMMIGRATION AND REFUGEE PROTECTION ACT
Ministerial Instructions with Respect to the Rural Community Immigration Class
The Minister of Citizenship and Immigration gives the annexed Ministerial Instructions with Respect to the Rural Community Immigration Class under section 14.1footnotea of the Immigration and Refugee Protection Act footnoteb.
Marc Miller
Minister of Citizenship and Immigration
Ministerial Instructions with Respect to the Rural Community Immigration Class
Definitions
1 (1) The following definitions apply in these Instructions.
- Act
- means the Immigration and Refugee Protection Act. (Loi)
- applicant
- means a foreign national who applies for permanent residence as a member of the rural community immigration class. (demandeur)
- designated community
- means the geographic boundaries of a Canadian community that is set out in the list of communities designated by the Minister as eligible to participate in the rural community immigration class published on the Department’s website. (collectivité désignée)
- designated employer
- means an employer designated as eligible to participate in the rural community immigration class by an economic development organization following a determination that it meets the criteria, as set out in subsection 3(3). (employeur désigné)
- economic development organization
- means an organization designated, for the purposes of paragraph 14(2)(g) of the Act, by the Minister to administer the rural community immigration class. (organisme de développement économique)
- genuine offer of employment
- means an offer of employment that
- (a) is made by a designated employer actively engaged in the business in respect of which the offer is made;
- (b) is consistent with the reasonable employment needs of the designated employer;
- (c) contains terms that the designated employer is reasonably able to fulfill;
- (d) has a wage above or within the range of wages for that particular occupation set out in the Job Bank of the Canada Employment Insurance Commission; and
- (e) requires proficiency in English, French, or English and French as a condition of employment. (offre d’emploi authentique)
- priority occupation
- means an occupation that is designated as such by an economic development organization under subsection 3(1). (profession prioritaire)
- Regulations
- means the Immigration and Refugee Protection Regulations. (Règlement)
Interpretation
(2) Unless otherwise indicated, other words and expressions used in these Instructions have the same meaning as in sections 2 and 73 of the Regulations.
Rural community immigration class
2 (1) The rural community immigration class is established as part of the economic class referred to in subsection 12(2) of the Act and consists of foreign nationals who have the ability to become economically established in a designated community, who intend to reside in a province other than Quebec and who meet the requirements set out in subsection (2) and, if applicable, subsection (3).
Class requirements
(2) An applicant qualifies to be a member of the rural community immigration class if they meet the requirements set out in sections 4 to 10 at the time of application until permanent resident status is obtained.
Applicant in Canada
(3) An applicant who applies for permanent residence under the rural community immigration class from within Canada must have a valid temporary resident status at the time of their application and must maintain valid temporary resident status until permanent resident status is granted.
Economic development organization — priority occupations
3 (1) An economic development organization must, by March 31st of each year, establish a list of priority occupations that, in its opinion, will best contribute to the economic development in a designated community.
Economic development organization — priority applications
(2) When issuing a certificate of recommendation referred to in section 4, an economic development organization may prioritize applications
- (a) in order to maximize the economic development in a designated community and meet the needs of the local labour market; and
- (b) based on the foreign national’s occupation, wage, work experience, language proficiency in English or French, education and connection to the designated community.
Designated employer — criteria
(3) An economic development organization must designate an employer that applies to be a designated employer and who meets the following criteria:
- (a) it carries on a genuine business that has been in continuous, active operation under the same management for at least two years within the designated community or it can demonstrate continuous, active operation in another location, in which case the economic development organization must confirm that the relocation of the business to the designated community will make or has made a substantial contribution to that community’s economy;
- (b) it carries on business in relation to at least one priority occupation and at least 75% of the work is performed within the designated community;
- (c) has successfully completed intercultural competency training;
- (d) it has successfully completed mandatory onboarding training;
- (e) it commits to supporting the settlement of each applicant and any accompanying family members, including by facilitating access to the settlement and social service support;
- (f) it is not in contravention of employment standards and occupational health and safety legislation; and
- (g) it is not
- (i) a consulate,
- (ii) an employer referred to in paragraph 200(3)(g.1) or (h) of the Regulations,
- (iii) a business that recruits individuals in order to establish a pool of candidates who are intended to be transferred or contracted to other businesses,
- (iv) a business in which a majority of voting or ownership interests are held, either individually or collectively, by the foreign national or their spouse or common-law partner or that is controlled, directly or indirectly, by the foreign national or their spouse or common-law partner, or
- (v) a business owned by a representative who is a person referred to in subsection 91(2) of the Act.
Designated employer — revocation of designation
(4) An economic development organization can revoke the designation of an employer if:
- (a) the economic development organization becomes aware that a designated employer is in violation of the employer compliance regime under the Act or the Regulations and an order or administrative monetary penalty is issued;
- (b) the economic development organization becomes aware of fraud or misrepresentation in a designated employer’s application for designation or recommendation or the offer of employment;
- (c) the economic development organization has program integrity and quality assurance concerns or becomes aware of fraud, misrepresentation or non-compliance by a designated employer with provincial or federal legislation related to employment standards or occupational health and safety that occur after initial designation;
- (d) the economic development organization becomes aware that the designated employer no longer meets the designation criteria set out in subsection (3);
- (e) the economic development organization becomes aware that a designated employer has been found to be non-compliant with the Canadian Human Rights Act, provincial labour and employment legislation or provincial human rights legislation by the body responsible for the administration of the federal or provincial legislation, as applicable;
- (f) the designated employer or any person who recruits the foreign national for the designated employer has, directly or indirectly, charged or recovered fees from the foreign national; or
- (g) the designated employer has voluntarily requested withdrawal from participating in the rural community immigration class.
Charging fees prohibited
(5) Economic development organizations are prohibited from charging fees for
- (a) designating or revoking a designated employer status; and
- (b) issuing, amending or revoking a certificate of recommendation.
Certificate of recommendation
4 (1) An applicant must have a valid certificate of recommendation from an economic development organization at the time of application, which the economic development organization must not have revoked before permanent resident status is granted.
Validity of certificate of recommendation
(2) A certificate of recommendation is valid for six months from the day on which it is issued unless the economic development organization revokes the certificate.
Criteria for certificate of recommendation
(3) An economic development organization may issue a certificate of recommendation to a foreign national if it is satisfied that the foreign national
- (a) has the required work experience for the TEER Category of the occupation listed in the genuine offer of employment as set out in subsection 5(1) or is exempt from the required work experience set out in subsection 5(3) or (4);
- (b) has a genuine offer of employment as set out in subsection 6(1) and the offer
- (i) is in a priority occupation established by the economic development organization,
- (ii) has a wage above or within the range of wages for that particular occupation set out in the Job Bank of the Canada Employment Insurance Commission, unless the economic development organization has established its own acceptable wage ranges above the minimum wage, informed by the local labour market, and
- (iii) is supported by any supplementary documentation to verify the genuineness of the offer of employment, including, but not limited to, recruitment efforts that the economic development organization deems necessary;
- (c) has the required language proficiency set out in section 7;
- (d) meets the education requirements set out in section 8; and
- (e) intends to reside in the designated community.
Revocation of certificate of recommendation
(4) An economic development organization
- (a) may revoke a certificate of recommendation if the applicant received a genuine offer of employment from a designated employer that has had its status revoked; and
- (b) must revoke a certificate of recommendation if it becomes aware that the criteria for recommendation set out in subsection (3) are not or were not met at any point in time from when the certificate was issued.
Amending certificate of recommendation
(5) An economic development organization may amend a certificate of recommendation if the applicant has obtained a new genuine offer of employment under one of the circumstances described in section 11.
Required work experience
5 (1) Subject to subsections (3) and (4), the applicant must demonstrate that they have the following work experience:
- (a) for a genuine offer of employment in TEER Category 0, work experience in an occupation in TEER Category 0, 1, 2 or 3;
- (b) for a genuine offer of employment in TEER Category 1, work experience in an occupation in TEER Category 0, 1, 2 or 3;
- (c) for a genuine offer of employment in TEER Category 2, work experience in an occupation in TEER Category 1, 2, 3 or 4;
- (d) for a genuine offer of employment in TEER Category 3, work experience in an occupation in TEER Category 2, 3 or 4 unless subsection (3) applies;
- (e) for a genuine offer of employment in TEER Category 4, work experience in an occupation in TEER Category 2, 3 or 4 unless subsection (3) applies; and
- (f) for a genuine offer of employment in TEER Category 5, work experience in the same National Occupational Classification unit group as the offer.
Work experience criteria
(2) The work experience referred to in subsection (1) must
- (a) have been acquired over a continuous period of at least one year of full-time work, or the equivalent in part-time work in an occupation listed in the National Occupational Classification;
- (b) have been acquired in the three years before the day on which the applicant applied for permanent residence;
- (c) include the performance of the actions described in the lead statement for the occupation as set out in the occupational descriptions of the National Occupational Classification;
- (d) include the performance of a substantial number of the main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification;
- (e) include only work that was done in the employ of a third party, unless it was acquired as a medical practitioner entitled to practice medicine under the laws of the jurisdiction it was acquired; and
- (f) if it was acquired in Canada, have been acquired while the applicant was authorized to work in Canada under the Regulations and had temporary resident status.
Applicant with nursing work experience
(3) An applicant who has, in the three years before the day on which they applied for permanent residence, acquired, over a continuous period, at least one year of full-time work experience, or the equivalent in part-time work, in an occupation that corresponds to unit group 31301 of the National Occupational Classification meets the work experience requirement if they have a genuine offer of employment in an occupation that corresponds to unit group 33102 or 44101 of the National Occupational Classification.
International graduate exemption
(4) The work experience requirement does not apply to an applicant who obtained an eligible credential from a post-secondary program and who meets all of the following requirements:
- (a) the applicant was enrolled as a full-time student during the entire period of the program;
- (b) the eligible credential was obtained within the 18 months before the day on which the applicant applied for permanent residence;
- (c) in the case of an applicant who followed a master’s or doctoral degree program that was less than two years in length, the applicant was physically present in the designated community where the employment is located during the entire period of the program;
- (d) in the case of an applicant who followed a post-secondary program other than one referred to in paragraph (c), the program was at least two years in duration and, during the 24 months immediately preceding the day on which the eligible credential was obtained, the applicant was physically present for at least 16 months in the designated community where the employment is located.
Definition of eligible credential
(5) In this section, eligible credential means a degree, diploma, certificate, trade credential or apprenticeship credential from a Canadian public post-secondary institution in the designated community where the employment is located, provided that the applicant was authorized to study in Canada under the Regulations and had temporary resident status throughout their period of study or training, but does not include a credential obtained in a studying or training program
- (a) in which the study of English or French as a second language amounted to more than half of the credits required to complete the program;
- (b) in which distance learning amounted to more than half of the credits required to complete the program; or
- (c) for which the applicant received a scholarship or fellowship that stipulated that they return to their home country to apply the knowledge and skills gained there.
Genuine offer of employment
6 (1) An applicant must demonstrate that they have received a qualifying genuine offer of employment that is
- (a) from a designated employer;
- (b) for non-seasonal, full-time work for an indeterminate period;
- (c) for employment that is located in the designated community and where at least 75% of the work is to be performed within that designated community;
- (d) for employment that they are qualified for, able to perform and are likely to accept and carry out, as indicated by their past work experience or education related to the lead statement and main duties of the occupation as set out in the occupational descriptions of the National Occupational Classification; and
- (e) in an occupation for which they have attained the necessary recent work experience set out in subsection 5(1), unless subsection 5(3) or (4) applies.
Minister’s considerations
(2) In assessing the genuineness of the offer of employment, the Minister must also consider the past compliance of the designated employer, or any person who recruits the applicant for the designated employer, with the federal or provincial laws that regulate the employment or recruitment of employees, including foreign nationals, in the province in which it is intended that the applicant will work.
Language proficiency
7 The applicant must demonstrate, using the results of a language test that is less than two years old at the time the application is made — approved under subsection 74(3) of the Regulations and provided by an institution or organization designated under that subsection — that they have, for each of the four language skill areas under either the Canadian Language Benchmarks or the Niveaux de compétence linguistique canadiens, reached or exceeded the applicable language proficiency benchmark, among the following, for the National Occupational Classification of the occupation for which they have a genuine offer of employment:
- (a) for occupations in TEER Category 0 or 1, benchmark 6;
- (b) for occupations in TEER Category 2 or 3, benchmark 5; or
- (c) for occupations in TEER Category 4 or 5, benchmark 4.
Education
8 The applicant must demonstrate that they have obtained a secondary school education credential or higher credential by submitting proof as follows:
- (a) if they have obtained a secondary school education or higher credential from a Canadian institution, a copy of the Canadian credential;
- (b) otherwise, they must submit a copy of a foreign secondary school education credential along with an equivalency assessment that is less than five years old at the time the application is made.
Intention to reside
9 The applicant must demonstrate that they intend to reside in a designated community.
Necessary funds
10 (1) Subject to subsection (2), the applicant must demonstrate that they have in the form of transferable and available funds — unencumbered by debts or other financial obligations — an amount equal to one half of the amount identified, in the most recent edition of the publication concerning low income cut-offs that is published annually by Statistics Canada under the Statistics Act, for rural areas outside census metropolitan areas or census agglomerations as the minimum amount of before-tax, annual income necessary for the applicant to support themselves and their family members, whether those family members are accompanying them or not, for one year.
Exception
(2) The necessary funds requirement set out in subsection (1) does not apply to an applicant who is already employed in Canada.
New genuine offer of employment
11 An applicant may obtain a new genuine offer of employment only if, after they submit their application for permanent residence,
- (a) the employer from which the applicant received their existing genuine offer of employment becomes an employer referred to in paragraph 200(3)(h) of the Regulations;
- (b) the applicant is already working under a work permit referred to in section 200 of the Regulations and, for the reasons referred to in subsection 207.1(1) of the Regulations, they are issued a new work permit; or
- (c) if an economic development organization revokes a designated employer’s designation through no fault of the applicant, the applicant receives a new genuine offer of employment from a designated employer and the economic development organization continues to recommend the applicant.
Permanent resident visa
12 For the purposes of subsection 14.1(5) of the Act, subsections 70(1), (2), (4) and (5) of the Regulations apply to permanent resident visa applications made by an applicant.
Not agent of His Majesty
13 For greater certainty, an economic development organization is not an agent of His Majesty or a Crown corporation, as defined in section 2 of the Financial Administration Act, and its officers and employees are not members of the federal public administration.
Effective period
14 These Instructions have effect for a period of five years beginning on November 26, 2024, but if they are given after that day, the period begins on the day on which they are given.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice concerning the availability of an equivalency agreement
Pursuant to subsection 10(7) of the Canadian Environmental Protection Act, 1999, notice is hereby given that the Minister of the Environment has entered into and makes available the Agreement on the Equivalency of Federal and Saskatchewan Regulations for the Control of Greenhouse Gas Emissions from Electricity Producers in Saskatchewan, 2025.
The agreement is available as of December 14, 2024, on the Department of the Environment’s Canadian Environmental Protection Act Registry.
Contact
Karishma Boroowa
Director
Electricity and Combustion Division
Energy and Transportation Directorate
Environment and Climate Change Canada
Email: ecd-dec@ec.gc.ca
DEPARTMENT OF TRANSPORT
CANADA MARINE ACT
Hamilton-Oshawa Port Authority — Supplementary letters patent
WHEREAS the Governor in Council issued a Certificate of Amalgamation containing letters patent to amalgamate the Hamilton Port Authority and the Oshawa Port Authority and to continue as one port authority named the Hamilton-Oshawa Port Authority (“Authority”), effective January 18, 2019;
WHEREAS Schedule B of the letters patent describes the federal real property or federal immovables managed by the Authority;
WHEREAS pursuant to subparagraph 46(1)(b)(i) of the Canada Marine Act (“Act”), the Authority wishes to exchange federal real properties for other real properties of comparable value belonging to the City of Oshawa, as described below;
WHEREAS the board of directors of the Authority has requested that the Minister of Transport (“Minister”) issue supplementary letters patent to amend Schedule B of its letters patent to reflect this exchange;
AND WHEREAS the Minister is satisfied that the amendments to the letters patent of the Authority are consistent with the Act,
NOW THEREFORE, pursuant to subsection 9(1) of the Act, the letters patent of the Authority are amended as follows:
- 1. Schedule B of the letters patent is amended by removing the following description under “Part 2 (Oshawa)”:
- 3. PIN 16378-0025 (LT), designated as Parts 1 and 2 on Plan 40R-21632 deposited in the land registration system of Ontario.
Note: This amendment is part of the exchange and is to allow for the disposal of federal real properties, listed in Schedule B of the Authority’s letters patent, in favour of the City of Oshawa.
- 2. Schedule B of the letters patent is amended by adding the following after the description of “Part 2 (Oshawa) 16.”:
- 17. PIN 16378-0030 (LT), Parts 1, 2, and 3 on Plan 40R-16421.
Note: This amendment is part of the exchange and is to allow for the acquisition, as federal real property, of a real property owned by the City of Oshawa and to add it to Schedule B of the Authority’s letters patent.
- 3. These supplementary letters patent take effect on the date of registration, in the Oshawa Land Registry Office, of the deeds of sale evidencing the exchange of real property described above between the Authority and the City of Oshawa.
ISSUED this day 29th day of November, 2024.
The Honourable Anita Anand, P.C., M.P.
Minister of Transport
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. SPB-005-24 — Consultation on a Fee Framework and Amendments to Conditions of Licence for Certain Spectrum Licences Used to Provide Commercial Mobile Services below 10 GHz
Notice is hereby given that Innovation, Science and Economic Development Canada (ISED) is releasing a consultation on the adoption of a fee framework for certain spectrum licences used to provide commercial mobile services and changes to conditions of licence.
Interested parties should submit their comments no later than January 22, 2025.
All comments and reply comments received in response to the consultation will be made available on ISED’s Spectrum management and telecommunications website.
Submitting comments
Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF) to the following email address: spectrumauctions-encheresduspectre@ised-isde.gc.ca.
All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number: SPB-005-24.
Obtaining copies
Copies of this notice and of documents referred to herein are available electronically on ISED’s Spectrum management and telecommunications website.
Official versions of notices can be viewed on the Canada Gazette website.
November 29, 2024
Matthew Kellison
Director General
Spectrum and Telecommunications Sector
PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.
We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.
The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.
Current opportunities
The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.
| Position | Organization | Closing date |
|---|---|---|
| Director | Bank of Canada | |
| Chairperson | Canada Deposit Insurance Corporation | |
| Chairperson | Canada Industrial Relations Board | |
| Vice-Chairperson | Canada Industrial Relations Board | |
| Chairperson | Canada Infrastructure Bank | |
| Director | Canada Lands Company Limited | |
| Chief Executive Officer | Canadian Accessibility Standards Development Organization | |
| Director | Canadian Air Transport Security Authority | |
| Director | Canadian Energy Regulator | |
| Assistant Chief Commissioner | Canadian Grain Commission | |
| Chief Commissioner | Canadian Human Rights Commission | |
| Permanent Member | Canadian Nuclear Safety Commission | |
| Director | Canadian Tourism Commission | |
| President | Canadian Tourism Commission | |
| Chairperson | Civilian Review and Complaints Commission for the Royal Canadian Mounted Police | |
| Vice-Chairperson | Civilian Review and Complaints Commission for the Royal Canadian Mounted Police | |
| Member | Copyright Board | |
| Director | Defence Construction (1951) Limited | |
| Member | Employment Insurance Board of Appeal | December 16, 2024 |
| Regional Coordinator | Employment Insurance Board of Appeal | December 16, 2024 |
| President | Export Development Canada | |
| Vice-Chairperson | Federal Public Sector Labour Relations and Employment Board | |
| Chairperson | First Nations Infrastructure Institute | |
| Director | First Nations Infrastructure Institute | |
| Director (Federal) | Halifax Port Authority | |
| Member | Historic Sites and Monuments Board of Canada | |
| Member | National Seniors Council | |
| Member | Natural Sciences and Engineering Research Council | |
| Commissioner of Official Languages | Office of the Commissioner of Official Languages | |
| Deputy Director of Public Prosecutions | Office of the Director of Public Prosecutions | |
| Ombudsperson for the Department of National Defence and the Canadian Forces | Office of the Ombudsperson for the Department of National Defence and the Canadian Forces | |
| Senate Ethics Officer | Office of the Senate Ethics Officer | |
| Member | Payments in Lieu of Taxes Dispute Advisory Panel | |
| Chief Public Health Officer | Public Health Agency of Canada | |
| Principal | Royal Military College of Canada | |
| Director | Sept-Îles Port Authority | |
| Administrator | Ship-source Oil Pollution Fund and Fund for Railway Accidents Involving Designated Goods | |
| Chief Statistician | Statistics Canada | |
| Co-chair | Sustainable Jobs Partnership Council | |
| Member | Sustainable Jobs Partnership Council | |
| Chairperson | The Jacques-Cartier and Champlain Bridges Inc. | |
| Secretary | The National Battlefields Commission | |
| Member | Transportation Appeal Tribunal of Canada | |
| Chairperson | VIA Rail Canada Inc. | |
| Chairperson | Windsor-Detroit Bridge Authority |